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All Journal Hakamain: Journal of Sharia and Law Studies Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks
Gafnel, Gafnel
Unknown Affiliation
Humanities Decision Sciences, Operations Research & Management Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Human Rights and Customary Law Analysis: Uncovering the Exploitation of Children and Women in Developing Countries Gafnel, Gafnel; Ismail, Ismail; Yaswirman, Yaswirman
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.325

Abstract

The research aims to highlight how traditional practices and norms, often ingrained in customary laws, contribute to systematic abuses and human rights violations. Utilizing a multidisciplinary approach, this study combines legal analysis, sociocultural examination, and case studies from various developing countries to provide a comprehensive understanding of the issue. Through qualitative methods, including interviews with affected individuals, reviews of existing legal frameworks, and analysis of human rights reports, the research identifies key patterns and factors that perpetuate exploitation. The findings reveal that while customary laws play a significant role in community governance and cultural identity, they often conflict with international human rights standards, leading to the marginalization and abuse of vulnerable groups, particularly children and women. Specific customary practices such as child marriages, forced labor, and gender-based violence are scrutinized to demonstrate the pervasive nature of these violations. The study underscores the urgent need for integrating human rights principles into customary legal systems to protect the most vulnerable and promote justice. Recommendations include comprehensive policy reforms that align customary laws with international human rights standards, education and awareness campaigns targeted at both local communities and policymakers, and the establishment of robust mechanisms for monitoring and enforcing human rights compliance within customary law frameworks. This research contributes to the broader discourse on human rights in developing countries by providing actionable insights and advocating for a balanced approach that respects cultural traditions while safeguarding fundamental human rights.
Comparative Analysis of Islamic Family Law and Customary Law in the Settlement of Inheritance Disputes in Indonesia Wardi, Utama; Yaswirman, Yaswirman; Ismail, Ismail; Gafnel, Gafnel
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.330

Abstract

The settlement of inheritance disputes in Indonesia is a complex issue involving various legal systems, including Islamic family law and customary law. This study aims to conduct a comparative analysis between these two legal systems in the context of inheritance dispute resolution. This research employs a qualitative approach with case study methods, examining court decisions, interviews with legal practitioners, and a review of relevant legal literature.The findings show that Islamic family law, based on Sharia principles, has a formal structure and stricter procedures in resolving inheritance disputes. On the other hand, customary law is more flexible, emphasizing deliberation and consensus, and adapting to local norms and cultural contexts. These differences often create tension and jurisdictional conflicts, especially in cases where the parties involved come from diverse cultural and religious backgrounds.The research also explores the challenges faced in the application of these legal systems, such as the lack of public awareness regarding their rights and institutional and bureaucratic obstacles. The findings are expected to provide deeper insights for legal practitioners, academics, and policymakers in strengthening a more just and inclusive inheritance dispute resolution system in Indonesia. By understanding the strengths and weaknesses of each system, it is hoped that solutions can be found that integrate positive elements from both legal systems to create a more effective and equitable mechanism for resolving inheritance disputes.
Politics of Islamic Law in Indonesia During the Reformasi Era Gafnel, Gafnel; Amin, Saiful; Fahmi, Khairul
Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks Vol. 2 No. 1 (2024)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.prwkl.2024.2.67

Abstract

This study examines the politics of Islamic law in Indonesia during the Reformasi era, specifically during the administrations of Presidents B.J. Habibie, Abdurrahman Wahid (Gus Dur), and Megawati Soekarnoputri. This research employs a qualitative approach. The Reformasi era, which began after the fall of the Orde Baru regime in 1998, was marked by significant changes in Indonesia's legal and political systems. During Habibie's administration, political liberalization and efforts to strengthen the rule of law, including in the context of Islamic law, occurred. Gus Dur's era was characterized by more inclusive and pluralistic policies, as well as efforts to strengthen the position of Muslims in the national political and legal systems. Meanwhile, Megawati's administration focused on political and economic stability with a pragmatic approach to Islamic law. This study uses a descriptive-analytical method to understand the dynamics and shifts in Islamic law policies during these three administrations. The results indicate that the politics of Islamic law in Indonesia during the Reformasi era were significantly influenced by the political and social contexts of each administration, as well as the diverse aspirations of the Muslim community.
Co-Authors Aminuyati Ismail Ismail Khairul Fahmi Wardi, Utama Yaswirman, Yaswirman