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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Lex Scientia Law Review
Ahmad Rezy Meidina
Sekolah Tinggi Agama Islam Al-Hikmah 2 Brebes, Indonesia
Religion Law, Crime, Criminology & Criminal Justice

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Decentralization and the Fulfilments of Children's Rights: Challenges and Opportunities for Local Government in Indonesia Hariyanto Hariyanto; Ahmad Rezy Meidina; Mabarroh Azizah
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.14373

Abstract

The commitment of local governments to protect children in areas such as education, violence, and discrimination is illustrated by Banyumas Regency's Local Regulation Number 1 of 2021, which addresses child protection. However, several challenges persist in its implementation. This study investigates the role of decentralization through local regulations related to child protection, employing normative legal research methods that include a regulatory approach, conceptual analysis, and case studies. The findings indicate that Banyumas Local Regulation No. 1 of 2021 establishes a strong legal framework that significantly protects children from discrimination, violence, and educational inequities. Nevertheless, implementation faces numerous obstacles, including inadequate inter-agency coordination, insufficient infrastructure, limited funding, and a lack of public awareness regarding the importance of protecting children's rights. This research proposes increasing funding allocations through the Regional Budget and recommends creating a collaborative forum that includes local governments, relevant agencies, schools, community organizations, and law enforcement to enhance policy coordination and action. Furthermore, the government is urged to improve community outreach regarding decentralized regulations that protect children. Ultimately, it is crucial to evaluate and refine existing policies to ensure the protection of minors' rights and to provide legal security and certainty.
National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah Muhammad Solikhudin; Irzak Yuliardy Nugroho; Moh. Faizur Rohman; Ahmad Rezy Meidina; Ashima Faidati
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.38

Abstract

This study examines Ahmad Hasyim Muzadi’s concept of fikih kebangsaan (national fiqh) through the lens of Jamal al-Din ‘Atiyyah’s maqāṣid al-sharī‘ah theory. While previous studies have discussed national fiqh primarily in normative and socio-political terms, limited attention has been given to its maqāṣid-based methodological foundation. This article addresses that gap by analyzing how Muzadi’s thought reflects a structured maqāṣidī mode of ijtihad. This research employs a qualitative conceptual approach based on library research, examining primary texts of Ahmad Hasyim Muzadi alongside Jamal al-Din ‘Atiyyah’s maqāṣid framework. The analysis focuses on identifying the epistemological structure and levels of maqāṣid embedded in Muzadi’s formulation of national fiqh. The findings demonstrate that Muzadi’s fikih kebangsaan embodies a maqāṣid-based ijtihad operating across three interconnected dimensions: individual, communal, and humanitarian. His conception positions Indonesian Islam as a harmonizing force within plural society, affirms Pancasila as a constitutional meeting point between religion and state, and frames religious moderation as a strategic instrument for national cohesion. This construction reflects a substantive alignment with Jamal al-Din ‘Atiyyah’s expanded maqāṣid theory, particularly in integrating social welfare, civic solidarity, and national integrity into legal reasoning. The study concludes that Muzadi’s national fiqh represents a contextual maqāṣidī reconstruction of Islamic legal reasoning relevant to contemporary plural societies. It recommends further development of maqāṣid-based national fiqh as a methodological framework for strengthening religious moderation and constitutional harmony in Indonesia.
Co-Authors Ashima Faidati Hariyanto Hariyanto Irzak Yuliardy Nugroho Mabarroh Azizah Moh. Faizur Rohman Muhammad Solikhudin