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Dampak Poligami Tanpa Izin Istri Terhadap Kehidupan Rumah Tangga Ditinjau Menurut Hukum Keluarga Islam Di Indonesia Riyan; Fadlan Muhajir; M Dwika Ardhana; M Afdul Soleh; Wizalkarnaen Hasibuan
Tabayyun : Journal Of Islamic Studies Vol. 2 No. 02 (2024)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

The phenomenon of polygamy without the consent of the previous wife is discussed in this paper, along with its implications for Islamic law. In order to get firsthand information regarding the phenomena of polygamy, this qualitative study interviewed informants with polygamous backgrounds, polygamous individuals, religious leaders, and community leaders. To thoroughly explain and implement a normative sociological approach, the analysis was conducted using a descriptive, qualitative methodology. The findings show that the community is ignorant about the legitimacy of polygamy and a number of important factors that should be taken into account, including how it would affect the family and the children, which could have an effect on the community as a whole. The law of polygamy in Islam states that it is acceptable for the husband to have a strong opinion against it. Nonetheless, given that the KHI's legal provisions prohibited polygamy without the consent of the former wife, this implies that, despite the husband's religious legitimacy, it is illegal under Indonesian administrative law.
Pemidanaan Kasus Pemerkosaan Berantai oleh Agus Buntung: Tinjauan Hukum Pidana Indonesia Nikmatul Wardiah Pulungan; Wizalkarnaen Hasibuan; Ilham Kurniawan Syahputra; Muhammad Afdul Soleh; Adrina Fauza
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 1 (2025): Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i1.440

Abstract

The case of serial rape committed by I Wayan Agus Suartama, a man with a disability, raises complex debates about punishment and the rights of persons with disabilities. This research aims to analyze the criminalization of the criminal case of rape from the perspective of criminal law and the rights of persons with disabilities in Indonesia. The research method used is juridical-normative research by analyzing cases and interviews with legal experts and disability activists. The results showed that the criminalization of the case had not been adequately considered and considered the rights of persons with disabilities and needed improvement in terms of accessibility, education and awareness about disability. This research recommends improvements to criminal law and policies for the protection of persons with disabilities to promote social justice and equality.