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All Journal Maqasid: Jurnal Studi Hukum Islam Jurnal Ilmiah Multidisiplin Ilmu
Naela Rosita
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences Other

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JUDICIAL REVIEW PUTUSAN MAHKAMAH KONSTITUSI TERHADAP UNDANG-UNDANG PENODAAN AGAMA Fatimah Azzahra; Naela Rosita; Amiratunil Khaira
Jurnal Ilmiah Multidisiplin Ilmu Vol. 2 No. 5 (2025): Oktober : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/dnpy5a78

Abstract

The judicial review of Law No. 1/PNPS/1965 on the Prevention of Religious Abuse and/or Blasphemy has sparked significant legal and constitutional discourse in Indonesia. This law, which was enacted during the Guided Democracy era, has often been criticized for conflicting with post-amendment constitutional norms, particularly those related to human rights and religious freedom. The purpose of this study is to examine, from a multidisciplinary legal perspective, the Constitutional Court's interpretation and reasoning in three major decisions: Case No. 140/PUU-VII/2009, No. 84/PUU-X/2012, and No. 56/PUU-XV/2017. Using a normative juridical approach and descriptive qualitative method through library research, this paper analyzes the arguments presented by the petitioners, the government, and the Court, including dissenting and concurring opinions. The findings of this study indicate that the Court consistently upheld the constitutionality of the blasphemy law, arguing for the importance of public order and religious harmony. However, the rulings also reveal an ongoing tension between majority religious interests and the protection of minority rights. This study concludes that while the law remains valid, its application risks undermining legal certainty, equality before the law, and freedom of religious expression in a pluralistic society.
Tren Perceraian Karena Financial Independence Istri: Analisis Maqasid Syariah dan Teori Keadilan Gender Naela Rosita; Nafiah Wachidlatul Jannah
Maqasid: Jurnal Studi Hukum Islam Vol. 15 No. 1 (2026): Maqasid: Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqsd.v15i1.29922

Abstract

Divorces in Indonesia continues to rise year after year. Many of these divorce lawsuits are filed by wives. One factor that motivates a wife to file for divorce from her husband is her financial independence. When a wife is financially stable, she is no longer dependent on her husband. Therefore, if the husband commits an act that violates the marriage, the wife can easily decide to end the marriage. This study aims to determine the factors causing divorce among financially independent wives, the concept of maqasid sharia in divorce decisions filed by wives, and the rights of wives after divorce from a gender justice perspective. This study is a normative study with a conceptual and case approach. The results show that factors that make financially independent wives easily choose to divorce include the wife's lack of financial dependence, the hope of having equal family relationships, and a high awareness of fighting for her dignity and honor. From the perspective of maqasid sharia, divorce can be a means to maintain the dignity, emotional health, and moral safety of women. According to the theory of gender justice, a wife who is financially independent still has the right to post-divorce rights because the essence of justice is not whether a woman is economically capable or not, but rather the fulfillment of responsibilities and relational respect.  The implications of this research suggest that a wife's financial independence should not be understood as a threat to the integrity of the marriage, but rather as a protection of the maqasid sharia and the enforcement of gender justice in marital and post-divorce relationships. Keywords: Divorce, Financial Independence, Maqasid Syariah, Gender Justice, Women's Rights.
Co-Authors Amiratunil Khaira Fatimah Azzahra Nafiah Wachidlatul Jannah