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All Journal Al-'Adl Airlangga Development Journal Al-Kawakib Hunafa: Jurnal Studia Islamika Mimbar Hukum Jurnal Pelita Raya (JPR)
Aisyah Chairil
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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STUDI KRITIS FEMINIST LEGAL THEORY MENURUT PERSPEKTIF ISLAMIC WORLDVIEW Aisyah Chairil; Henri Shalahuddin
Mimbar Hukum Vol 33 No 1 (2021): Mimbar Hukum
Publisher : Faculty of Law, Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.847 KB) | DOI: 10.22146/mh.v33i1.1948

Abstract

Abstract The Draft Act of the Elimination of Sexual Violence (RUU PKS) was made as an effort to achieve equality and justice before the law. RUU PKS was intended to be proposed as a solution towards problems related to women and sexuality. Philosophically, there are three models of perspectives used as approach of the RUU PKS: standpoint, empiricism, and postmodernism. These three perspectives are inherent parts of the Feminist Legal Theory (FLT), which is also part of global legal discourse. However, a philosophical examination reveals that the epistemology of FLT has fundamental problems in defining reality and truth. The theoretical foundations of FLT is weak, therefore the RUU PKS will fail to achieve its purported goal: justice before the law. This article analyzes this issue critically and provide a solution from an Islamic worldview. Intisari Munculnya Rancangan Undang-Undang Penghapusan Kekerasan Seksual (RUU PKS) adalah salah satu upaya dalam mewujudkan kesetaraan dan keadilan hukum. RUU PKS sebagai tawaran hukum diharapkan mampu menyelesaikan problem dan isu-isu seksual perempuan. Secara filosofis, terdapat tiga model cara pandang yang digunakan dalam pendekatan hukum RUU PKS, yakni: Standpoint, Empirisme dan Postmodernisme. Tiga cara pandang ini mewujud dalam wacana hukum global yang disebut sebagai FLT. Namun jika dikaji secara filosofis, secara epistemologis FLT memiliki problem mendasar dalam memaknai realitas dan kebenaran. Hal itu dapat membuat bangunan teori FLT rapuh sehingga tujuan RUU PKS dalam mewujudkan keadilan hukum tidak sesuai dengan filosofi negara hukum Pancasila. Makalah ini akan lebih dalam mengkaji permasalahan tersebut secara kritis, dan juga menawarkan solusi yang tepat berdasarkan perspektif Islamic Worldview.
Diferensiasi Teori Common Link G.H.A Juynboll dan Tradisi ‘Ulum Al-Hadis Klasik dalam kasus Sanad Hadis Wanita Kurang Akal Khairul Amin; Aisyah Chairil
Jurnal Kawakib Vol 3 No 2 (2022): Studi Keislaman
Publisher : Program studi Keagamaan Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/kwkib.v3i2.106

Abstract

This article tries to disscuss the application of G.H.A Juynboll common link’s theory and Isnad convetional criticize (‘Ulum Al-Hadis) The application of critical theory of Isnad do in comparative analysze frame. The issue used as an object of the study is the hadith on women’s lack of reason which finding on kuttub al sittah or six primary books on hadith. The hadith is quite tendentious or can be categorized as misogynistic hadith from a gender perspective (feminism), on the contrary, Muslim scholars have provided adequate rebuttals and explanations to this attack. Anyway, this research is limited to isnad criticism only, does not touch on the hadith matan especially on its meaning exploration or debates. The final result is about the hadith’s authenticity status based on isnad which is based on different methodology of each scholarship.
MAQASHID ASY-SYARI'AH REVIEW ON FORMER CORRUPTION CONVICTS AS PROSPECTIVE LEGISLATIVE MEMBERS Chairil, Aisyah; Sugitanata, Arif
Hunafa: Jurnal Studia Islamika Vol 19 No 2 (2022): Hunafa: Jurnal Studia Islamika
Publisher : State Islamic University of Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/jsi.Vol19.Iss2.682

Abstract

Abstract. This paper discusses the maqashid asy-syari'ah study of former corrupt convicts as candidates for legislative members. Specifically, it tries to dissect the reasons why corrupt convicts are allowed to become candidates for members of the legislature and examine the Maqashid Asy-Shari'ah regarding the permissibility of corrupt convicts to become candidates for legislative members. By using a literature study approach. The results of this study indicate that it is permissible for former corrupt convicts to nominate themselves as legislature members. Based on the large value of maslahah contained when it is allowed for former corrupt convicts to re-run as legislative members representing electoral districts where the community has been harmed and betrayed by the ex-convicts. This benefit is not only in the position of ex-convicts as individual Muslims or as individual citizens, but the benefits include the stability of the culture of social life in society and the maintenance of a legal system that is following ideal legal as well as in the context of realizing the principles of justice in society.
the The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution: The Legal Politics of Executive–Legislative Power Relations in Post-Amendment Indonesia’s 1945 Constitution Aisyah Chairil; Maulana, Ramza Fatria; Dio Prasetyo Budi
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

This study examines the dynamics of legal politics in the power relations between the executive and legislative branches in Indonesia following the amendments to the 1945 Constitution. The background to this study is the need to review Indonesia's constitutional structure, which was previously rife with executive dominance, particularly during the New Order era. The constitutional reforms undertaken between 1999 and 2002 were crucial in redesigning the state's power relations, with the aim of creating balance by strengthening the legislative, budgetary, and oversight functions of the House of Representatives (DPR). This research uses qualitative methods with a normative-juridical approach, anchored in the analysis of regulations, constitutional documents, and a review of primary and secondary legal literature. The results show that although the amendments have formally strengthened the DPR's position in the presidential system, their implementation has presented new challenges in the form of legislative dominance that is vulnerable to being exploited for partisan interests. The multiparty system in Indonesia's presidential system has also created power friction between the president and parliament, hampering government effectiveness. The chaos in the function of checks and balances is exacerbated by the weakness of countervailing institutions such as the Regional Representative Council (DPD) and the People's Consultative Assembly (MPR). Further reforms are needed that address not only institutional design but also the development of a deliberative political culture and the strengthening of independent oversight institutions to support substantive democracy  
LEGAL ANALYSIS OF THE CRIMINAL ACTS OF DOMESTIC VIOLENCE: DECISION NO. 101.Pid.Sus/2023/PN Lukman, Ulfi; Januardi, Hengk; Chairil, Aisyah; Budi, Dio Prasetyo; Arifin, Mohammad Daniel
Airlangga Development Journal Vol. 9 No. 2 (2025): AIRLANGGA DEVELOPMENT JOURNAL
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/adj.v9i2.82577

Abstract

The main problem in this thesis is about the crime of domestic violence with the object of analysis in the case of Decision No. 101/Pid.Sus/2023/PN.Kbr. And to find out the judge's legal considerations in imposing criminal sanctions on perpetrators of criminal acts of domestic violence committed by husbands against wives in decision no. 101/Pid.Sus/2023/PN.Kbr. The research used to answer the two things above is literature research on decisions and the author took data obtained from court decisions in the form of interviews with one of the judges at the Koto Baru District Court. The aim of this thesis is to find out about criminal acts of domestic violence both under Islamic criminal law and under Law Number 23 of 2004, then to find out the application of legal considerations made by the judge in imposing a sentence on the defendant. The results of this research indicate that the application of material criminal law to criminal acts in the judge's decision in case no. No. 101/Pid.Sus/2023/PN.Kbr. In accordance with the legislation in this case regulated in law number 23 of 2004 concerning the elimination of domestic violence in handing down criminal sentences the judge has given considerations in accordance with the facts and those revealed in court both in terms of material criminal and formal criminal considerations.
The Dynamics of Transnational Religious Movements on the Resilience of the Pancasila Ideology Sholehoddin; Mohammad Azka Al Azkiya; Ilhamda Fattah Kaloko; Aisyah Chairil
Jurnal Pelita Raya Vol. 1 No. 3 (2025): Jurnal Pelita Raya (JPR)
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/jpr.v1i3.33

Abstract

Amid the tide of religious transnationalism that makes faith a cross-border political identity, the resilience of the Pancasila ideology is tested not only by overt threats but primarily by the nation's capacity to maintain national consensus. This study uses a mixed-methods approach with a convergent-integrative design that simultaneously combines non-interactive qualitative and quantitative analysis, recognising that the dynamics of transnational religious movements and the resilience of the Pancasila ideology are ideological, discursive, and structural phenomena that require in-depth analysis and empirical measurement. The results confirm that the dynamics of transnational religious movements interact with the resilience of the Pancasila ideology through three interlocking channels, namely an algorithm-based digital da'wah ecosystem that normalises radicalisation and shifts civic loyalty towards a political ummah, cross-border funding infrastructure that converts philanthropy into an instrument for regulating the social agenda as well as substituting the function of the state, and institutional strategies that engineer official norms through education, local regulations, bureaucracy, social certification, and soft law mechanisms that often escape public scrutiny. This synthesis refines the findings of previous studies that usually stop at violent extremism by showing that the erosion of national consensus more often occurs through discursive normalisation, service dependency, and standardisation of piety that appears pious but gradually shifts constitutional legitimacy.
Co-Authors Arifin, Mohammad Daniel Budi, Dio Prasetyo Dio Prasetyo Budi Henri Shalahuddin Januardi, Hengk Kaloko, Ilhamda Fattah Khairul Amin Lukman, Ulfi Mohammad Azka Al Azkiya Ramza Fatria Maulana Sholehoddin Sugitanata, Arif