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All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
Zalsabillah, Annisa
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Pemikiran Abdullah Ahmad Al-Na’im tentang Larangan Pernikahan Beda Agama dan Implikasinya di Indonesia Zalsabillah, Annisa; Agung, Muh.; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12553249

Abstract

Interfaith marriages are a crucial aspect of human life today. The clash of norms that exist in society makes this even more crucial and triggers the birth of propaganda and complex problems in the lives of Muslim communities, especially when there is an absolute ban on interfaith marriages in Indonesia. This research will examine Abdullah Ahmad An-Na'im's thoughts regarding the permissibility of interfaith marriages and their implications in Indonesia. The type of research used in this research is library research with a theoretical approach to normative Sharia, normative juridical and socio-legal theories. Primary data sources come from Abdullah Ahmad An-Na'im's books and literature/rules discussing interfaith marriages. Meanwhile, secondary data comes from literature or data that supports the object of study, such as journals and so on. The data was then analyzed using exploratory analysis. The results of this research show that Abdullah An-Na'im's thoughts regarding the prohibition of interfaith marriages are a form of religion-based discrimination. So if it is correlated with the situation in Indonesia, interfaith marriage in Indonesia is not appropriate because it imposes a prohibition that is not based on humanism, especially because Indonesia is not an Islamic country. The implication of this research is that the provisions regarding the prohibition of interfaith marriages in Indonesia should be revoked and permitted with exceptions in emergency situations.
Hak Masyarakat Adat Zalsabillah, Annisa; Dahlan, Darnia; Anugrah, Abdi; Taqyuddin, Andi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14564245

Abstract

Constitutional recognition and protection of indigenous peoples remains recognized after the 1945 Constitution was amended, where this is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. Although there is constitutional recognition and protection of indigenous peoples, there are still two main problems that have not been resolved. First, the recognition of indigenous peoples is enforced with certain conditions, namely as long as the indigenous peoples still exist, develop in accordance with the progress of the times, and in accordance with the principles of the Unitary State of the Republic of Indonesia (NKRI). These conditions come from provisions in lower laws, and in practice often become obstacles in providing recognition and protection of the rights of indigenous peoples. The phrase "as long as they are still alive and in accordance with the development of society and the principles of NKRI" often causes the recognition of indigenous peoples to be trapped in debates about the indicators that must be met. In fact, several existing laws and regulations do not provide uniform indicators to interpret these constitutional conditions. Second, in the constitution, there are two terms introduced, namely Customary Law Community Unity (Article 18B paragraph 2) and Traditional Community (Article 28I paragraph 3). There is no further explanation regarding the differences between the two terms. Law No. 6 of 2014 concerning Villages tries to translate Article 18B paragraph (2) by introducing the term "customary village" as the equivalent of Customary Law Community Unity. However, the implementation of this law still causes problems, especially related to the recognition of the social unit of the customary community, where the term "customary community" cannot be fully accommodated in the concept of "customary village" introduced by the Village Law.
Co-Authors Agung, Muh. Anugrah, Abdi Dahlan, Darnia K, Kurniati Taqyuddin, Andi