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All Journal Jurnal Daulat Hukum Syarah: Jurnal Hukum Islam dan Ekonomi
Dewi Irawati
Universitas Islam Negeri Syekh Wasil Kediri
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Study of Public Legal Awareness Regarding the Phenomenon of Infidelity (Case Study of Sawahan District, Nganjuk Regency) Dewi Irawati; Moh Asror Yusuf; Ilham Tohari
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.52092

Abstract

The phenomenon of infidelity in the background is due to a shift in social values, where once disgraceful behavior is now characterized by family breakdown and psychological disorder. Infidelity is clearly contrary to the purposes of marriage, banned by Islamic law, tribal law, and positive law, but lack of compliance and law enforcement causes a weakening of public consciousness in various walks of life. The study aims to explore public legal awareness, identifying the practice of infidelity in shaping public legal awareness of the effects of infidelity in the incom-lined district district. The study is an empirical legal study with a naturalistic and interpretive qualitative approach (verstehen) in a sociological and legal perspective, which is aimed at understanding legal awareness and behavior of society through a descriptive data of field observations, social interaction, and interpretation of the meaning of action without prejudice. The study learned that public legal awareness of indiscretion on the part of infidelity was low because it was better understood as a moral and social matter than as breaking the law, and it tended to be adopted as a family. It is influenced by economic, psychological, communication, social media, and a lack of legal understanding and has a serious impact on individuals, families, and social beliefs. Therefore, strengthening the integration of social and legal norms of Islamic law is necessary to increase awareness of the law and preserve the moral order of society.
Problems in Enforcing the Liquor Prohibition Regulation Moh. Wahib; Baitur Rohman; Dewi Irawati
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 14 No. 1 (2025): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v14i1.4995

Abstract

Enforcing local regulations prohibiting alcoholic beverages in Papua is a complex challenge that requires a comprehensive understanding of the legal framework, law enforcement practices, and community dynamics. This study aims to analyze the challenges of enforcing the prohibition of alcoholic beverages in Papua Province. The researcher seeks to explore the substance of the prohibition of alcoholic beverages in Papua Regulation No. 15 of 2013 and its legal status within the Indonesian legal framework. The results of the study reveal that the substance of Papua Regulation No. 15 of 2013 is to completely ban the production, distribution, sale, and consumption of alcoholic beverages. This legal status is legally contrary to the principle of the hierarchy of laws based on the principle of "Lex Superiori Derogad Lege Inferiori." This Regional Regulation was revoked by the Minister of Home Affairs via Letter No. 188 34-3629 of 2016. However, to protect the public from the negative impacts of alcoholism, the Governor of Papua continued to enforce the Regional Regulation. The Governor of Papua, from a progressive legal perspective, has set aside the principle of legal certainty for the sake of humanity; however, within the context of a rule-of-law state, this violates the principle of "due process of law."
Co-Authors Baitur Rohman Ilham Tohari Moh Asror Yusuf Moh. Wahib