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All Journal AL-ASHLAH Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan dan Hukum Islam
Raden Muyazin Arifin
Universitas Islam Ibrahimy Banyuwangi, Indonesia
Religion Humanities Astronomy Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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URGENSI PERMOHONAN PENETAPAN WALI OLEH ORANG TUA UNTUK PENJUALAN HARTA ANAK PERSPEKTIF UNDANG UNDANG PERLINDUNGAN ANAK Raden Muyazin Arifin; Hafis Baraas
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 4 No. 1 (2025): (January 2025)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v4i1.2958

Abstract

Minors need the help of guardians to carry out legal acts, including the transaction of children's property. In Indonesian laws, parents have the right to be the guardians of their children and when acting as guardians all the actions they do must be in the best interests of their children. The prominent number of domestic violence against children, especially those committed by parents, deserves attention. Parents have obligations and responsibilities to their children, including child protection. To exercise their rights as guardians, parents must properly fulfill their obligations and responsibilities towards their children. Therefore, the appeal for guardianship through court is important as a means of verification whether parents have properly fulfilled their obligations and responsibilities. In this study, the first core problem is "What is the urgency of appeal for guardianship as the condition for the transaction of children's property from the perspective of the Child Protection Law. This study uses methods of normative juridical, and literature studies with conceptual, case, and statute approaches to examine and discuss the urgency of the appeal for guardianship for the transaction of children's property. The results of the author's research are as follows: the appeal for guardianship for the transaction children's property is important to protect children's rights and so that children are not economically exploited by transaction that is not in their best interests.
TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP FENOMENA SOUND HOREG DALAM MENJAGA KETERTIBAN UMUM Fawaid Abdullah Abbas; Raden Muyazin Arifin; Mohammad Arif Fauzi
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol. 23 No. 2 (2025): (Oktober 2025)
Publisher : LPPM Universitas Islam Ibrahimy Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/k6gb8746

Abstract

The phenomenon of sound horeg in Banyuwangi Regency is a cultural tradition that has evolved from the tradition of takbir keliling into an entertainment and social competition event using high-capacity sound systems that produce noise and strong vibrations. Despite providing social and economic benefits, sound horeg causes public disorder, public health issues, and property damage. This study uses a qualitative phenomenological method to examine the regulation of sound horeg from the perspective of positive law and Islamic law, as well as its impact on public order. Government regulations limit noise levels and the timing of implementation to control negative impacts, while Islamic law asserts that sound horeg is haram if it causes danger, damage, and disruption of worship, based on the principles of maqasid sharia. Legal responsibility is not only attached to the perpetrators and organizers but also to the government as the issuing authority. The research results emphasize the need for balanced management between cultural preservation and the protection of community rights to create harmonious order. Policy recommendations suggest integrating aspects of positive law and Islamic law with the collective awareness of all parties to maintain the common good.
Co-Authors Fawaid Abdullah Abbas Hafis Baraas Mohammad Arif Fauzi