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SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 25493132     EISSN : 25493167     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Samarah: Jurnal Samarah adalah jurnal ilmiah berbasis Open Journal Systems (OJS) yang dikelola oleh Prodi Hukum Keluarga Fakultas Syari’ah dan Hukum Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh. Jurnal Samarah ini merupakan wadah bagi insan peneliti dan pemerhati hukum keluarga Islam dan hukum Islam untuk dapat mengembangkan keilmuan dalam rangka pemenuhan Tri Dharma Perguruan Tinggi, terutama keilmuan di bidang hukum Keluarga Islam dan hukum Islam. Jurnal Samarah diterbitkan dua kali dalam setahun, yaitu Januari-Juni dan Juli -Desember.
Arjuna Subject : -
Articles 446 Documents
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Legal Protection and Law Assistance to Notaries as a Public Official in Indonesia Zaki, Muhammad; Saidin, Saidin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.17276

Abstract

The value of the rule of law is a source of moral norms in the Indonesian legal system. According to Number 2 of 2014, the position of a notary has not accommodated legal protection and law assistance for a notary as a public official. The Notary Honorary Council's approval is the only limit for the judicial process, investigators, public prosecutors, or judges. Article 66, paragraph 1, states that in the judicial process, investigators, public prosecutors, or judges with the approval of the Notary Honorary Council are authorized to take copies of the minutes of the deed and/or letters attached to the minutes or the notary protocol in the notary's depository. The council also has the authority to summon the notary to participate in the examination of the notary deed or protocol under their custody. It is necessary to investigate further legal protection and efforts to provide legal assistance to notaries as public officials. This research employs normative legal methods and a statutory approach. Laws and legal regulations regarding the legal protection of notaries are the data analyzed in the article. The results of this study indicate that, as public officials, notaries have legal protection and legal assistance from the profession. The protection obtained includes nondisclosure rights and obligations. Notaries also receive protection from the Notary Honorary Council. Suppose any law enforcement officer wants to confiscate a copy of the minutes of the deed and/or the letters attached to the minutes of the deed or the notary's protocol in the notary's depository. The Notary Honorary Council must approve it. If law enforcement officers want to call a notary for a review of a notary deed or protocol in the notary's custody, the council must also approve this request. The provision of legal assistance to notaries in dealing with legal processes is given through the expansion of the authority of the Notary Honorary Council in Article 66, paragraph 2, of Law Number 2 of 2014 concerning Notary Positions.
The Position of Smart Contracts in the Light of Islamic Contract Theory Ahmad, Azlin Alisa; Mat Zain, Mat Noor; Amanina Zakaria, Nur Diyana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16372

Abstract

Smart contracts are simply programs stored in a blockchain that run under predetermined conditions; however, they are yet to be implemented commercially in the financial industry, including the Islamic financial industry. It has not been entirely implemented in the Islamic financial industry because it is unstable and there are debates regarding its conformity with Shariah principles. Since the development of the smart contract is still in the preliminary stages, its position in an Islamic contract is yet to be determined. Does a smart contract blockchain comply with Islamic contract theory? This qualitative study aims to analyse the smart contract’s position based on Islamic contract theory. Data were obtained using content analysis and interview methods, in which the semi-structured interview involved Islamic financial experts and industryplayers. Data were then analysed using the QDA Miner version 5.0.31 software. Findings indicate that a smart contract differs from other contracts because it records every transaction using hash cryptography and computer codes known as solidity. Besides that, transactions did not adhere to two principles of an Islamic contract, namely the existence of autonomy in the contracting parties and the ability to manipulate the contract. Hence, Shariah-based risks in a smart contract can be decreased by improving the Shariah compliance aspect in the transaction to solve autonomy issues and the manipulation of contracts. The study implies that a smart contract has the potential to become an innovation in the Islamicfinancial industry if it can adhere to the principles of an Islamic contract and it can be monitored by relevant authorities.
Examining the Provision of Legal and Religious Education to Islamic Families to Safeguard the Rights and Well-Being of Women and Children: A Case Study Conducted in Malang Regency, East Java Harry, Musleh; Saifullah, Saifullah; Jundiani, Jundiani; Fajarani, Meisy
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.19566

Abstract

To this present day, violence against women and children remains prevalent and shows an upward trend over the years. This phenomenon is attributed to a multitude of variables, encompassing both domestic and societal influences. The primary objective of this study is to determine the necessity of legal and religious education inside the family. In addition, it aims to investigate the consequences and potential remedies for the absence of such education in familial settings. This study employs an empirical legal methodology that combines an approach to legislation with the Islamic law. The data was collected through interviews conducted in the city of Malang, East Java and reviews of literature. The study highlights the crucial need for legal and religious education within families due to the persistently high levels of crime. The protection of women in the Islamic law extends from their pre-marital stage through marriage and even after divorce from their spouses. These rights encompass the entitlement to inherit from their parents, access to education, the right to receive love and care when they start a family, provision of bodily and spiritual nourishment, clothing, and a home or place of abode provided by their husbands. Upon divorce, a woman is entitled to receive sustenance, iddah, pastau, mut'ah, and acceptable clothing from her former spouse. Child protection in the Islamic law can be ensured by the provision of nasab (self-identity), radha` (breastfeeding), hadhanah (care and maintenance), walayah (guardianship), and nafaqah (supply of sustenance). The protection of women and children is implemented by proactive measures, such as pre-marital advising and family counseling. Repressive measures, such as issuing threats to abusers, and providing guidance and counseling to victims of violence, are also employed. Proper implementation of women's and children's rights will occur when legal and religious education is conducted within the home environment.
Dalihan Na Tolu as a Model for Resolving Religious Conflicts in North Sumatera: An Anthropological and Sociological Perspective Harahap, Anwar Sadat; Mulyono, Hardi; A. Nuzul, A. Nuzul; Milhan, Milhan; Siregar, Taufik
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.13091

Abstract

It is undeniable that there are various social conflicts in Indonesia which involve various groups of people such as the religious conflict in Poso (2001), in Sampit (2001), in Ambon (2002) and others. Most of them were caused by uncertain, unfair, and misused regulations on keeping people’s religious tolerance. It was also caused by the lack of people’s empowerment in keeping religious tolerance. This study aims to examine dalihan na tulo as a mechanism for resolving religious conflicts in the Mandailing community, North Sumatra. This research uses juridical empirical methods, consisting of anthropological and sociological law approaches. Data were collected by means of interviews and literature studies. The result of the research showed that Dalihan na Tolu tradition based-model of maintaining religious tolerance and resolving conflicts in religious believers was done by using the philosophy of Dalihan na Tolu, Pastak-pastakni Paradaton, Uhum dohot Patik and Tutur dohot Poda. There are three types of negotiation system in resolving the conflicts: Tahi Dalihan na Tolu, Tahi Godang Parsahutaon, and Tahi Godang Haruaya Mardomu Bulung (big negotiation among the neighboring villages). Anthropologically and sociologically that the Mandailing community has proven successful in using adat as a resolution of religious conflicts, so as to create peace and order as a function of law in society.
State and Protection of Cultural Heritage in Bone, South Sulawesi: Perspectives on National Law and Islamic Law Sugirman, Andi; Latif, Hamzah; Darna, Andi; Rizwan, Muhammad; Nawawi, Jumriani
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.22125

Abstract

Indonesia possesses a rich cultural heritage consisting of both tangible and intangible artifacts that continue to exist in the present day. This cultural heritage has significantly contributed to the advancement of human civilization, encompassing economic, social, and scientific dimensions. This study seeks to examine the state's involvement in safeguarding cultural assets in Bone Regency, located in South Sulawesi, Indonesia. The article employs an empirical research methodology that applies both the constitutional law and the Islamic law. Data were gathered by comprehensive interviews, direct observation, and the collection of relevant documents. The sources for the study included the tourism office, members of the People's Representative Council (DPR), as well as religious and community leaders. The investigated papers consisted of legal regulations, including laws, regulations, and relevant journal articles. The findings indicate that the government plays a crucial role in the protection of the cultural assets in Bone Regency. Within the realm of the constitutional law, the government has enacted Law No. 11 of 2010, which pertains to Cultural Heritage. Similarly, the Bone Regency government has also enacted Regional Regulation No. 7 of 2020, which concerns the Preservation and Management of Cultural Heritage. To enforce this protection, many cultural legacies have been designated, such as the burial grounds of the Bone monarchs and significant cultural and historical locations. Within the framework of the Islamic law, the preservation of cultural assets is considered advantageous. The advantages derived from cultural heritage include the reinforcement of national identity and character, historical education, the promotion of tourism attractions, and the provision of a religious lesson for present and future generations. 
The Character of Legal Products in Indonesia: A Study of Changes to the Marriage Law from a Political-Law Perspective Nasrullah, Nasrullah; Andriawan, Wawan; Musawar, Musawar
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.17302

Abstract

Politics and law are two variables that can influence each other in a legal system. Legal politics is a form of state policy carried out through authorized state institutions to establish the desired regulations, which are expected to be used to express what is contained in society and to achieve the desired goals. This research aims to examine the character of statutory legal products, namely the character of legal products of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is normative legal research which makes norms the object of study using a legal approach analyzed using legal political theory. The data collection technique used is literature study. Research findings show that in general the character of the legal product of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is responsive in view of the birth of the law. However, the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 do not show a responsive or conservative character. The provisions in this article are not in accordance with the spirit of change based on Constitutional Court Decision Number 22/PUU-XV/2017 and seem ahistorical. Theoretically, the conservative character in legal politics is a legal product that is not democratic, different from responsive legal products, namely legal products that accommodate a variety of opinions. Other findings show that there is no judicial institution that has the authority to check the consistency between the provisions of one article or paragraph and another in one form of legal product.
Fiqh Kankilo and the Purification System of the Butonese People: A Socio-Legal Historical Perspective of Islamic Law and Legal Pluralism Alifuddin, Muhammad; Mahrudin, Mahrudin; Rosmini, Rosmini; Anhusadar, La Ode; Pratama, Finsa Adhi
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.21578

Abstract

This study is the dialectic between Islam and local culture in the purification system of the Butonese people. Data were obtained by means of interview, literature review, and observation. The study used the approaches of the social history of Islamic law and legal pluralism. The data were then analyzed using the Miles and Huberman analysis model. The findings of the study reveal that kankilo is a scientific concept that contains knowledge about the ways and purposes of purification as a result of the dialectic process between Islam and local traditions. For the Butonese, kankilo is taharah (purification), and taharah is kankilo. Hence, the concept and knowledge of taharah in the context of Buton culture can be referred to as Fiqh Kankilo. Fiqh Kankilo is a product of fiqh (Islamic jurisprudence) thought designed on the local characteristics of Buton society. The locality that is clearly visible in the content of Fiqh Kankilo is inevitable, considering that the quality of individuals and cultures where a religious law develops is not a blank slate or a cultural vacuum. Thus, religion (i.e., fiqh) and culture are ultimately two aspects that are certain to be in partnership, to build synergy, and to greet each other. This inevitability occurs because the understanding of religion cannot avoid the locality of culture that is relative and particular. The legitimacy of the existence of Fiqh Kankilo can at least be referred to the history of the development of Islamic legal thoughts, which provides room for accommodation of traditions on the paradigmatic basis of “adat al-muhakkamat” (customary law).
Legal Forms Against Corporations as Perpetrators of Environmental Crime in Indonesia: Study Based on the Environmental Protection and Management Law Natsir, Muhammad; Ulya, Zaki; Rachmad, Andi; Krisna, Liza Agnesta
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.22071

Abstract

The Indonesian Criminal Code regulates as a legal subject is a natural person. The development of criminal law in Indonesia has made the perpetrators not only individuals but also corporations. Where corporations are legalised by the state through legislation. One of the Indonesian laws that regulates corporations as offenders is Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management. The companies in environmental management can control community land with the status of Cultivation Rights Title and Building Rights Title. In reality, however, the regulation of companies as perpetrators of crimes is still weak and there is no uniformity of regulation to have a deterrent effect. The method used in this paper is normative jurisprudential legal research, focusing on the identification of criminal sanctions against corporate environmental offenders, with a legal approach. The results of the research showed that the criminal regulation against the perpetrators of criminal acts has been regulated as an ultimum remedium for certain cases, but it is less assertive towards the victims of criminal acts and requires a firm and fair regulation and binds all parties involved in the legalisation of the corporation and the protection of its victims. The legal regulation of corporate criminal offences in the Criminal Code has not been clearly regulated, but in the Law of the Republic of Indonesia No. 32 of 2009 on Environmental Protection and Management, as one of the sectoral laws, the regulation has been carried out, but has not adopted the legal wisdom prevailing in the community, although it has been established.
Productive Dowry and Women's Economic Empowerment and Their Influence on Marital Assets in Bandar Lampung Nurnazli, Nurnazli; Pane, Erina; al Arif, M. Yasin; Akmansyah, Muhammad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.19887

Abstract

This study investigates the correlation between dowry productivity and women's economic empowerment strategies, along with their influence on marital assets. This study is significant in altering women's perceptions regarding the imperative nature of effectively managing dowry in order to enhance the economy. This study employs empirical law methodologies that are studied via the lens of reinforcement theory. Information was gathered through the use of interviews, documents, and surveys. Interviews and surveys were conducted in the city of Bandar Lampung, namely instructors at the Religious Affairs Office (KUA), and productive dowry managers, as well as prospective brides and grooms, while document analysis included journal articles, books, and legal regulations. The research findings indicate that the approach to enhancing women's economic status through the utilization of dowries commences prior to the wedding and continues until the marriage ceremony, by offering favorable incentives to women. The initial phase is dissemination, specifically emphasizing the significance of a fruitful dowry to alter women's outlook when selecting enduring dowry items. Furthermore, there is a need to enhance the availability of resources to transform dowry assets into productive assets. Thirdly, aid in the administration of the dowry procedure as a means of acquiring company capital, and fourthly, safeguarding the wife's ownership of dowry items as her personal possessions from the moment of marriage. Implementing an effective technique for enhancing dowry production will bolster the presence of marital assets. All revenues derived from the creation and administration of the dowry are the shared duty and joint property of the husband and wife. The consequences of enhancing the economic status of women through productive dowries include achieving self-reliance and resilience in the household economy.
Parenting Children in A Religious Perspective of Fishermen's Families In Sinjai, Indonesia: Structural Functionalism Approach AB, Syamsuddin; Syam'un, Syam'un; Ilham, Muh.; Jasad, Usman; Rasyid, Idris
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.17854

Abstract

Parents have an Islamic legal responsibility to raise children, which of course is carried out from conception to birth and school age, families living along the coast with fishermen status are responsible for making their children quality. This study aims to analyze and describe how fishing families, fathers, and mothers, have practiced Islamic parenting to form quality children. The research method used a qualitative-empirical approach analyzed using structural functionalism theory. The research stages explore the place that is the target of the research and then formulate theories that lead the researcher to look deeper into the problem being studied, the instruments in the researcher's own research because they are sensitive and react to environmental stimuli that are considered meaningful. The data collected is in a natural setting, it is expected that events will be experienced by individuals, the data collected is descriptive, in-depth interviews, documentation studies. The research results show that; The parenting pattern of fishing families is carried out during the conception period, namely; during pregnancy; When parents are pregnant with their child, they always control their words, behavior, honesty, and prayer before having sex. Birth period; Islamic preparation, welcoming with the call to azanand iqamat, salawat badar, aqiqah by giving a name according to Islamic recommendations. At school age, prepare for your child's needs and maintain interaction. From a structural functional perspective, the fishing community on the Sinjai coast carries out its function of caring for children by instilling religious values combined with cultural values.

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