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All Journal Authentica Journal of State Democracy ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Muh Alghifari
Universitas Islam Negeri Alauddin Makassar
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Siri' Na Pacce Culture In The Practice Of Forced Marriage Of Minors: A Challenge To The Protection Of Women's And Children's Rights Muh Alghifari; Andi Agung Mallongi; Dewi Putriani; Saipul Saipul
Authentica: Private Law Journal Vol 8 No 1 (2025)
Publisher : Fakultas Hukum Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/aplj.v8i1.15728

Abstract

This study examines the philosophy of siri’ na pacce within the context of the Bugis Makassar society, which is a time-honored heritage regulating social actions and behavior. Siri’ na pacce, which literally means a sense of shame and pain, is more deeply understood as dignity and honor. In Bugis Makassar society, siri’ na pacce significantly influences perspectives and practices related to marriage, where family honor is highly esteemed. However, the implementation of siri’ na pacce values does not always lead to positive outcomes, as evidenced by the widespread phenomenon of forced child marriages. Data from the Makassar High Religious Court in 2022 shows there were 2,663 applications for child marriage dispensation, 96% of which were approved. Reports from the Ministry of Women’s Empowerment and Child Protection (PPP) indicate that South Sulawesi is one of the provinces with the highest number of marriage dispensation requests. Forced child marriages are considered an effective way to maintain and restore family honor in response to social and technological developments that influence gender interactions. This study uses a qualitative method with a socio-legal approach to understand the social phenomena in the field related to siri’ na pacce culture and the challenges in protecting the rights of women and children. The findings of this study are expected to provide a deeper understanding of the impact of siri’ na pacce culture on the practice of forced marriages and its implications for the protection of women's and children's rights in Bugis Makassar society.
Analysis of Noken System in Papua Elections: Implications for Democracy and National Political Stability: Analisis Sistem Noken dalam Pemilu Papua: Implikasi bagi Demokrasi dan Stabilitas Politik Nasional Muh Alghifari; Hilmayanti Ilham; Nur Hijrih Awaliya Yashab; Fera Zabira Zahra
Journal of State Democracy Vol. 1 No. 1 (2025): Journal of State Democracy 
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jsd.v1i1.47

Abstract

The Noken system has been implemented since 2004 so that it has been 21 years since it has experienced challenges and obstacles in its implementation so far, this election system has become a specialty for Papua Province due to several factors including geography and culture, the Noken system is considered not in accordance with the principles of democracy and disrupts political stability so that the purpose of this article is to examine the implementation of the noken system on the quality of democracy and political stability. By using normative legal research methods, namely assessing the harmony between legal norms and implementation in society, the results of the study show that although the Noken System is strengthened through the Constitutional Court's decision, but what cannot be denied is the occurrence of fraud in this system which leads to disruption of political stability because the right to vote is considered not to be carried out transparently and there is no guarantee of a deliberation result represented in this system as the principle of general elections, so it is necessary to adapt to the principles of general elections, not to abolish this system and try to adapt it to the true values of democracy.
Memahami Kaidah Ushuliyah Al-Am, Al-Khas, Al-Amru dan An-Nahyu Sebagai Metodologi Penetapan Hukum Islam Muh Alghifari; Nurul Safitri; Linda Oktaviana; Kurniati Kurniati
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i4.992

Abstract

There are at least three problems that will arise if the establishment of the Islamic law ignores the Ushuli theory; the ambiguity in the use of Ushuli theory, the misunderstanding of the Nash in the Qur'an and Hadith, and the broad interpretation because it does not focus on one or more of the Uushuri theories. The purpose of the study is to know the approach of the Ushuliyah al-am, al-khas, al-amru and al-nahyu as methodologies, procedures, and problems in the establishment of Islamic law. This research is a qualitative library research with a Ushul Fiqh approach. It is the same in the Qur'an as in the Quran. The procedure for the establishment of Islamic law is not much different from some of the views of scholars conducted, in general, namely by searching for the provisions of the law in Al-Qu’an and Hadith and analogous to the Islamic Shariah. The problem is that it lies at the core of the beginning of the law, on the different understanding and meaning that is presented or expressed by the scholars, the solution to overcome this problem by following the agreement of the scholar. Thus, in the understanding of the teachings of the Ushuri: Al-Am, Al-Khas, al-Amru and An-Nahyu, which is a small part of the studies of Ushuli, open a great opportunity for further research to discuss more fully about the teaching of Ussuri than Al-Amm, Al - Khas, Amru and Al – Nahyu.
Co-Authors Andi Agung Mallongi Dewi Putriani Fera Zabira Zahra Hilmayanti Ilham Kurniati Linda Oktaviana Nur Hijrih Awaliya Yashab Nurul Safitri Saipul Saipul