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Misperceptions of the Government's Authority to Provide Legal Aid in Review of Hierarch Legislation Hanum, Roro; Syakir, Muhammad; Lidya Putri, Nyimas; Irawan, Hendra; Permana Putra, Aldi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5073

Abstract

The misperception of authority within the Metro City Regional Government has led to inconsistencies between Law Number 16 of 2011 and Metro City Regional Regulation Number 16 of 2013 regarding the implementation of legal aid. This misperception has also created a legal vacuum, as the Ministry of Home Affairs Regulation mandates the mandatory authority of the Regional Government, which is ignored in providing legal aid to the Minister, Regional Head/Deputy Regional Head, CPNS/PNS, while the Regional Government focuses more on regulations regarding legal aid for the poor. This research uses a qualitative approach to gain a deeper understanding of the law and regulation formation process. The data sources were obtained directly from the Metro City Regional Government, specifically from the Legal Section handling legal aid, as well as through social media, news websites, and government websites related to the archives of the formation of Regional Regulation Number 6 of 2013. The data analysis adopts Hans Kelsen's theory in General Theory of Law and State and the theory of the hierarchy of laws and regulations. Given the misperception that causes inconsistencies and a legal vacuum, a review of the existing regulatory hierarchy system is needed. To address this, it is necessary to review the local regulation to align it with Law Number 16 of 2011, through mechanisms such as judicial review or revisions by the local legislative body, although until now, there has been no follow-up from the Metro City Regional Government or the Provincial Government.
Peran Istri dalam Pengelolaan Keuangan Keluarga Perspektif Fiqh Muamalah dan Modernitas Lidya Putri, Nyimas; Firmansyah, Firmansyah
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6338

Abstract

Social transformation and the increasing economic participation of women have significantly reshaped the role of wives in muslim households. In the context of prevailing social transformations and the escalating economic participation of women, the role of wives has undergone a shift, no longer confined to the management of household finances but extending to the realm of investment decision-making and long-term financial planning. It is therefore vital to possess fundamental financial literacy, i.e. the capacity to differentiate between needs and wants. The role of the wife as a competent financial manager has been demonstrated to have a significant impact on the economic stability and well-being of the family unit. The present research employs a qualitative method, adopting a literature review approach to examine various sources on Islamic jurisprudence, Islamic economic policies, and empirical studies related to women's financial roles in households. The findings reveal a persistent gap in understanding the financial rights and responsibilities of wives in Islam, particularly concerning the concepts of financial support (nafakah) and asset ownership. Moreover, the dearth of Islamic financial literacy engenders a substantial challenge in the implementation of Islamic economic principles within Muslim families. Consequently, the provision of comprehensive financial education, the implementation of policies that support women's financial roles, and the promotion of open communication between spouses are imperative to establish a fair financial management system in accordance with Islamic principles