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All Journal JURMA : Jurnal Program Mahasiswa Kreatif
Dayrobi, Mhd.
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Computer Science & IT Education Languange, Linguistic, Communication & Media Public Health Social Sciences

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The Relationship Between Structuration Theory and Agency According to Giddens and Walters Dayrobi, Mhd.; Usqo, Hanafi Urwatil; Lubis, Fauziah
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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This research aims to understand social action through the lens of Structuration and Agency Theory, with a special focus on the thought of Anthony Giddens and Malcolm Walters. Giddens' Structuration Theory emphasizes the dialectical relationship between agency (individual action) and structure (social rules and resources), where structure not only constrains but also enables action. The concept of duality of structure shows that structure is both the medium and the result of social action. Walters expands this concept by highlighting how individuals, through reflexive capacities, can reproduce or change social structures. This research uses library research methods. The research results show that a deeper understanding of the interaction between agency and structure can enrich sociological analyzes of social change and the sustainability of social structures.
Disparity of Religious Court Judges' Decisions Regarding Distribution of Rights of an Adopted Child in a Mandatory Will Dayrobi, Mhd.; Harahap, Mhd. Yadi
Jurma : Jurnal Program Mahasiswa Kreatif Vol 8 No 2 (2024): DESEMBER
Publisher : LPPM UIKA Bogor

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Abstract

This study aims to determine and describe the chronology of the distribution of obligatory wills for adopted children in decision no. 5203/Pdt.G/2019/PA.Tgrs, Decision no. 1277/Pdt.G/2016/PA.Tng and Decision no. 1926/Pdt.G/2020/PA.JU as well as the judge's considerations in determining the adopted child's share of the three decisions. The type of research used is qualitative, namely collecting data with the aim of interpreting the phenomena that occur using a normative juridical analysis approach, through studying the decisions of the Religious Courts regarding cases of obligatory wills for adopted children with data sources in the form of research libraries, court decisions, statutory regulations, and books and interviews with the judge who decided the case. The results of the research show that there are differences in the share of adopted children from the inheritance of their adoptive parents. The difference occurs because the heirs left behind are different, such as husband and biological father, so that adopted children get 1/6 of the share, while replacement heirs get 2/3 jointly, and 1/10 when the heirs are siblings. These three decisions can be included in the concept of Islamic justice. It means giving something that is rightfully yours in a balanced manner. Balanced means that everything that exists is accepted at the proper level and not at the same level. However, one large part and one small part can be determined by the expected function.
Co-Authors Harahap, Mhd. Yadi Lubis, Fauziah Usqo, Hanafi Urwatil