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All Journal DE JURE Shahih : journal of islamicate multidisciplinary
Lee, Kirsty
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Legal Perspective on Data of Child Victims of Sexual Violence: A Case Study of the Indonesia’s Court Gurusi, La; Mansyah, Muh Sutri; Lee, Kirsty; Purnamasari, Yety; Alfajar, Subhan
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.28358

Abstract

The Case Tracking Information System (SIPP), established by the Supreme Court, is designed to facilitate the tracking of legal cases. However, concerns have arisen regarding data leakage of victims of sexual violence. This study seeks to analyse and evaluate the protection of personal data of victims of sexual violence published in the SIPP Court, particularly from an Islamic law perspective. Employing a socio-legal research method, the study integrates case, statutory, and conceptual approaches. Primary legal materials include laws and regulations relevant to victim protection, while secondary legal materials are sourced from relevant journals, books, and literature. The analysis was performed using a descriptive technique with grammatical and systematic interpretations. The results of the study show that five laws (Witness and Victim Protection Law, Sexual Violence Crime Law, Personal Data Protection Law, Juvenile Criminal Justice System Law, and Child Protection Law) regulate victim confidentiality to prioritise the best interests of children as the next generation of the nation. Despite these legal provisions, practical discrepancies persist. For example, in the SIPP of the Baubau District Court, sensitive details such as victims’ names are accessible, whereas the Aceh District Court only displays anonymised data, using aliases like "child witness." From the Islamic perspective, as derived from the Quran and Hadith, Muslims are prohibited from approaching adultery, and people who commit adultery will be punished both in this world and in the hereafter. The implication of personal data protection for victims of sexual violence, associated with Maqashid Syariah, is that the protection of the soul (hifz al-nafs) and mind (hifz al-‘aql) of children is part of the collective responsibility borne together by the family, society, and government. Therefore, it is important to reevaluate and reconstruct the protection of child victim data in SIPP
Asset Tracking by Religious Court Judges: Ensuring Post-Divorce Child Support Mansyah, Muh Sutri; Lee, Kirsty; Zudin, Zudin
SHAHIH: Journal of Islamicate Multidisciplinary Vol. 10 No. 1 (2025)
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/shahih.v10i1.11571

Abstract

Divorce often causes problems related to the fulfillment of child support, especially when the husband fails to meet his financial obligations. This study aims to analyze the ability of judges to track their husband's assets to ensure child support for divorce victims. The research method used is normative juridical with legislative, case, and conceptual approaches. The results show that although child support is legally guaranteed through the KHI, the Marriage Law, and the Child Protection Law, the implementation of asset tracking still faces technical obstacles, such as the lack of centralized data on the husband's wealth and limited resources of law enforcement. The findings also reveal that judges often rely on the wife’s initiative in submitting evidence of asset ownership, while the mechanism for executing the alimony judgments remains weak. It is important to formulate legal policies regarding the judge's authority to trace the husband's assets as a guarantee of child support. The principle of the best interests of the child must remain the primary consideration in divorce cases. The contribution of this research lies in policy recommendations to revise the Marriage Law and the Issue Supreme Court Regulations concerning the tracking of husbands’ assets in divorce cases.
Co-Authors Alfajar, Subhan Gurusi, La Muh Sutri Mansyah Purnamasari, Yety Zudin, Zudin