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TRADISI PAGA RUMAH DALAM PERNIKAHAN DI TERATAK PANAS: PERSPEKTIF ‘URF insani, silvisri; Insani, Silvi Sri; Putri, Helvia; Putri, Weldra Ayu; Elvionita, Elsa
Usroh Vol 8 No 2 (2024): Usroh: Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ujhki.v8i2.26403

Abstract

The Paga Rumah tradition in Teratak Panas weddings is one of the local cultural heritages that aims to maintain family honor and strengthen social relations. The Paga Rumah tradition aims to avoid bad things, such as hampering problems or witchcraft from other people, as well as ensuring that household appliances, such as plates and glasses, do not break. In Islamic law, local traditions that do not contradict sharia can be accepted as ‘urf. This research aims to examine the implementation of the Paga Rumah tradition in Teratak Panas and review the perspective of Islamic law (‘urf) on the tradition. The method used in this research is qualitative with a descriptive approach. The informants involved in this research are the people who are directly involved in the practice as well as traditional leaders in Teratak Panas. The results show that the process of implementing the Paga Rumah tradition involves the preparation of equipment by the shaman, reading prayers, and watering water containing a mixture of leaves around the house. The Paga Rumah tradition in Teratak Panas through the 'urf perspective can be guided by the extent to which the practices carried out are in accordance with sharia principles. If this tradition is carried out by paying attention to sharia principles and avoiding all forms of practices that are contrary to Islam, then the Paga Rumah tradition can be considered as 'urf shahih, which means a custom that is accepted and respected in society. However, if there are elements that contradict these principles, then this tradition is considered as 'urf fasid and must be reviewed to ensure its compatibility with Islamic teachings.
Perilaku Seksual Menyimpang Sebagai Alasan Perceraian Pada Pengadilan Agama Mahfuzah, Fadhilah; Putri, Helvia
Jurnal Hukum Ius Publicum Vol 5 No 2 (2024): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v5i2.174

Abstract

Marriage is a relationship between a man and a woman. However, a decision was found in the Religious Court in the case of the wife's lawsuit after finding out that her husband had deviant sexual behavior. This normative legal research was carried out by analyzing the main legal material, namely the Religious Court Decision on divorce case Number 425/Pdt.G/2016/PA.Crp, as well as other secondary legal materials such as court decisions, legislation, legal theory. The results of this study show that the husband's sexual deviant behavior before marriage was not known to the wife until they entered into household life. After being married for a long time, the wives discovered that their husbands had deviant sexual behavior. Based on the judge's considerations in the three decisions, the wife as the plaintiff was the injured party on the grounds that her husband had deviant sexual behavior even though the regulations only confirmed this because of the frequent occurrence of disputes and disharmony in domestic life. Apart from that, the husband's deviant sexual behavior will not achieve the goals of marriage and in Islamic law sexual deviation is a prohibited act. The issue of deviant sexual behavior is feared to bring harm if the household is maintained.
Pranata Jinayah: Kasus Persekusi terhadap Perempuan di Pasir Putih Kambang Sri Insani, Silvi; Rido Saprinaldo Putra; Putri, Helvia; Elvionita, Elsa; Ayu Putri, Weldra
Forschungsforum Law Journal Vol 2 No 01 (2025): JANUARI
Publisher : Fakultas Hukum |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/flj.v2i1.10212

Abstract

The case of persecution of two women in Pasir Putih Kambang, Pesisir Selatan Regency, West Sumatra, reflects a series of incidents that show weaknesses in law enforcement regarding sexual violence and gender discrimination. This incident involved physical and psychological attacks on two cafe patrons by around 300 people for no apparent reason, resulting in trauma and damage to the victims. The authorities' handling of this case highlights the challenges in protecting victims and delivering justice. This research uses a qualitative approach to gain an in-depth understanding of the chronology of the incident, the perception of the relevant community, and the psychological impact of the victims. The case study method was used to analyze this case as a representation of broader problems in the implementation of laws related to sexual violence. The research location in Pasir Putih Kambang was chosen because the incident was interesting for further research, especially related to law enforcement and protection of victims. The research subjects are local communities and related parties who can provide insight into this problem. The aim of this research is to understand the phenomenon of persecution and sexual violence in the context of this case, as well as identifying factors that influence law enforcement and protection of victims. It is hoped that this research can provide more effective policy recommendations in preventing and handling similar cases in the future, in order to create a safer and fairer environment for all individuals.