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All Journal Jurnal Hukum Sasana Unifikasi : Jurnal Ilmu Hukum
Shinta Azzahra Sudrajat
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Handling Domestic Violence from the Perspective of Islamic Law and Positive Law in Indonesia Iskandar, Iskandar; Diah Nurafifah; Muhammad Irsan; Hamdan Purnama; Shinta Azzahra Sudrajat; Didin Nurul Rosidin
Unifikasi : Jurnal Ilmu Hukum Vol. 12 No. 01 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i01.1183

Abstract

The increasing problem of domestic violence has triggered a conflict between the implementation of the Law on the Elimination of Domestic Violence and Islamic values. Differences in interpretation and patriarchal culture hinder law enforcement, making it difficult for victims to obtain adequate protection. Therefore, this study aims to examine the principles of justice, gender equality, and feminist theory using a normative legal method by comparing positive law and Islamic law, as well as a conceptual legislative approach. The data used include primary legal materials, namely the Law on the Elimination of Domestic Violence, the Qur'an, and Hadith, secondary legal materials, including literature and journals, as well as tertiary sources collected through a literature review and analyzed qualitatively. The results showed that domestic violence against women is a violation of human rights, currently recognized as a significant crime through the Law on the Elimination of Domestic Violence. This law provides legal protection for victims and sanctions for perpetrators. Gender-based violence rooted in patriarchal culture perpetuates social inequality and discrimination against women. Islam and feminism make significant contributions by emphasizing the values of equality, justice, and respect in domestic relationships. The synergy between positive law, religious values, and feminist theory can be a strategic step toward eliminating violence and creating a more inclusive society.
Kedudukan Hukum Dalam Menjawab “Hilangnya Rasa Aman Dan Hak Konstitusional Terhadap Pejabat Negara Pada Chaos Agustus” Mangar, Irma; Shinta Azzahra Sudrajat
Jurnal Hukum Sasana Vol. 11 No. 2 (2025): Jurnal Hukum Sasana: December 2025
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v11i2.4702

Abstract

Constitutionally, state officials have the right to work in an environment free from threats, violence, or pressure that could affect their independence. This constitutional right includes not only protection of physical safety, but also protection of freedom of decision-making, carrying out government duties, and accessing state facilities without barriers. When the August Chaos occurred, various forms of disturbance, whether in the form of uncontrolled crowds, anarchic actions, or public disinformation, had the potential to damage the situation and create an unsafe work environment for state officials. The loss of security in state officials has a direct impact on the disruption of the wheels of government. This research is normative research Normative law research has a tendency to image law as a prescriptive discipline where only looking at law from the perspective of its norms which of course is descriptive, this research is carried out in real conditions with the aim of being able to find existing facts to be used as data fillers in this research so that later the point of solving the problem will also be found. One of the most turbulent periods in Indonesia's constitutional dynamics was the "August Chaos" incident. The incident not only tested the resilience of state institutions, but also highlighted how vulnerable the position of state officials is when there is sudden and uncontrolled socio-political unrest
Co-Authors Diah Nurafifah Didin Nurul Rosidin Hamdan Purnama Irma Mangar Iskandar Iskandar Muhammad Irsan