Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Shautuna: Jurnal Imiah Mahasiswa Perbandingan Mazhab adalah jurnal akademik yang telah menerbitkan karya ilmiah sejak tahun 2013. Jurnal ini diterbitkan oleh Program Studi Perbandingan Madzhab dan Hukum, Fakultas Syariah dan Hukum, UIN Alauddin Makassar. Jurnal ini disediakan untuk mahasiswa-mahasiswa yang berkecimpung dalam hukum Islam lebih khusus perbandingan mazhab dan hukum. Jurnal ini secara rutin terbit tiga kali setahun yakni pada Januari, Mei dan September.
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<![CDATA[Tinjauan Yuridis Tindak Pidana Pelecehan Seksual Terhadap Perempuan Bersuami: Studi Putusan Nomor 538/Pid.B/2023/PN TJK ]]>
<![CDATA[Maulana, Irfan]]>;
<![CDATA[Anggalana, Anggalana]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.45826
<![CDATA[Sexual violence is a form of violence caused by sexual problems, and mild sexual violence is a form of verbal sexual harassment. The crime of morality refers to the act of sex. The article that regulates the crime of sexual harassment is contained in the Criminal Code regarding the crime of morality and violation of morality, but the Criminal Code does not recognize it with the term sexual harassment but in the Criminal Code it is referred to as obscene which is regulated by Articles 289 to 296 of the Criminal Code (KUHP). The research methods used in this study are a normative legal approach and an empirical approach. Data processing is carried out through library research such as literature and scientific works related to research problems. The results of this study show that the factors that cause perpetrators to commit sexual harassment crimes against married women are based on Decision Number 538/Pid.B/2023/PN TJK. is a sociative factor that occurs due to the influence of the environment carried out by the perpetrator, the desire that arises by the perpetrator and the opportunity so that it gives rise to the intention and intention to commit the crime. The Judge's consideration in applying criminal sanctions to the perpetrators of the crime of sexual harassment against married women based on Decision Number 538/Pid.B/2023/PN TJK sentenced the Defendant Ardi Santoso Bin Mursalim therefore with a prison sentence of 3 (three) years, the aggravating thing is that the Defendant caused trauma to the victim, the Defendant's actions disturbed the community and the Defendant's actions have not been forgiven by the victim's witnesses. Furthermore, the mitigating factor for the defendant is that the defendant is polite and straightforward in the trial, remorseful and does not repeat his actions, and the defendant has never been punished.]]>
<![CDATA[Dominasi Orangtua dalam Pernikahan Dini di Kecamatan Anreapi Kabupaten Polewali Mandar: Analisis Maqashid al-Syariah ]]>
<![CDATA[Arman, Arman]]>;
<![CDATA[Rusdi, M Ali]]>;
<![CDATA[Muchsin, Agus]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.46775
<![CDATA[Early marriage is often the subject of parental domination in cultures and societies that uphold strong traditions and norms. This article analyzes this phenomenon by using the Maqasid Sharia framework as a basis for understanding the implications of parental domination in the context of early marriage. The research method used is descriptive qualitative research, with normative and juridical approaches to explore the relevant aspects of Islamic law and values. The research involved in-depth interviews with a number of couples who experienced parental dominance in the early marriage process. The analysis shows that parental domination often contradicts the humanitarian and welfare principles of Maqasid Sharia. While it may be legally valid, this domination can result in an imbalance of power in the marriage relationship, causing conflict and dissatisfaction among young couples. Through a normative approach, this research highlights the need to return to the principles of equality, justice and freedom that underpin the institution of marriage in Islam. The juridical approach examines relevant aspects of the law and emphasizes the importance of integrating maqasid values into the practice of Islamic law.]]>
<![CDATA[Revitalisasi Fikih Keluarga Sebagai Instrumen Pencegahan Kekerasan Seksual Pada Anak ]]>
<![CDATA[Ismi, Nur]]>;
<![CDATA[Kurniati, Kurniati]]>;
<![CDATA[Marilang, Marilang]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.47489
<![CDATA[The phenomenon of child sexual violence is becoming more frequent, children should receive special protection for their physical and mental health. This aims to ensure that children can grow and develop well and be protected from the threat of dangerous crimes in accordance with Law Number 35 of 2014 concerning Child Protection. Parents play an important role in preventing sexual violence against children, therefore knowledge and attitudes, as well as parental behavior towards sex education are very important. In this research, two main themes will be discussed, namely; the concept of parenting from a family jurisprudence perspective and the role of parents in preventing sexual violence against children from a family jurisprudence perspective. The question arises whether parents' parenting patterns for children have been regulated in Islamic law, and what is the correct parenting pattern according to family jurisprudence that can prevent sexual violence against children. This research uses the results of a literature search containing theories relevant to the research problem. In this research, an assessment was carried out regarding the concepts and theories used based on literature related to the topic and available. This research is descriptive research which focuses on a systematic explanation of the facts obtained when the research was conducted. From this research it can be understood; The concept of ḥaḍānah or care is explained in three general parts, namely regarding the requirements for a caretaker, the classification of people who have custody, and the length of the care period. The role of parents and family is an important part of the social environment which is needed as a center for children's development towards sexual maturity. Parents must understand and convey sex education to their children. Among the efforts to prevent sexual violence against children are training children to ask permission before entering their parents' room, separating children's beds, getting children used to lowering their eyes and covering their private parts, as well as several other methods which will be explained by the author.]]>
<![CDATA[Perlindungan dan Penetapan Nasab Anak Diluar Nikah: Perspektif Fikih Islam ]]>
<![CDATA[Sukma, Melati]]>;
<![CDATA[Patimah, Patimah]]>;
<![CDATA[Suhufi, Muhammad]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.47617
<![CDATA[This article discusses how to protect children outside of marriage from an Islamic jurisprudence perspective. This type of research is qualitative in nature and is carried out using the Library Research method, namely a method of analyzing, interpreting and classifying data obtained from various suitable sources. The results of this research are that protection for children outside of wedlock is only obtained through their mothers and their mothers' families. Because illegitimate children only have a lineage relationship with their mother, the protection they get from their father does not get protection because they don't have a lineage relationship. As illegitimate and illegitimate children, children born in this context do not receive protection for the right to livelihood, educational guardianship, inheritance and cannot be provided with services in state administration.]]>
<![CDATA[Transformasi Metode Tafsir Maudu’i: dari Mufasir Klasik Hingga Mufasir Kontemporer ]]>
<![CDATA[Rifah, Afwaz Fafaza]]>;
<![CDATA[Abubakar, Achmad]]>;
<![CDATA[Yusuf, Muhammad]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48149
<![CDATA[The Maudu'i interpretation method was born from various factors, including as a form of development of existing interpretation in accordance with current developments which require the birth of new methods and does not rule out the demands of the times and the development of science in seeing phenomena that appear in society. The research used in this case is library research. The data collected emphasizes books, journals, articles and other literature that are related to the main research problem, then reviewed in more depth and concluded. The results of this research show how important the Maudu'i interpretation method is in answering problems among the community and making it easier for the community to look at the various views of interpreters from classical to contemporary times who have their own characteristics in developing the Maudu'i interpretation method, this is to avoid It is assumed that every exegete has had disagreements in applying the steps of the Maudu'i exegesis method, which of course is still relevant today.]]>
<![CDATA[Analisis Yuridis Kekuatan Pembuktian Visum Et Repertum dalam Tindak Pidana Penganiayaan: Studi Putusan Perkara Nomor 78/Pid.B/2023/PN.Bta ]]>
<![CDATA[Hidayah, Hasmi Kun]]>;
<![CDATA[Prawitasari, Nining Yurista]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48413
<![CDATA[Visum Et Repertum is a valid evidence tool that has a very important role and power in the trial of criminal cases, especially in criminal cases where the object is the human body, in addition to simplifying the evidentiary process, it can also convince the judge in deciding a case. This research method uses normative juridical research approaches, legislation, conceptual approaches, and case approaches. The results of the study show that the judge in deciding the case went through several considerations, namely considerations with several pieces of evidence submitted by the public prosecutor as well as incriminating considerations and mitigating considerations for the defendant. In the verdict, the Defendant SA als Aan Bin RC was found guilty of his actions, namely deliberately persecuting the witness MA Bin MY. The defendant received a sanction, namely imprisonment for 2 (two) years and 3 (three) months.]]>
<![CDATA[Kedudukan Tenaga Kerja Wanita yang Terikat Pernikahan: Kajian Hukum Perdata dan Hukum Perdata Islam ]]>
<![CDATA[Amaliah, Rezki]]>;
<![CDATA[Wulan, Retno]]>;
<![CDATA[Alimuddin, Hardiyanti]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48663
<![CDATA[This study aims to analyze the position of female workers who are bound by marriage in the perspective of civil law and Islamic civil law. The main issue raised is how these two legal systems regulate the rights and obligations of married female workers, as well as how legal protection is provided to them. The subject matter includes a comparison between the provisions in the civil law applicable in Indonesia and the principles contained in Islamic civil law regarding the status and rights of married women workers. The research method used is normative juridical with a comparative legal approach. This research examines various primary legal sources such as laws, government regulations, and ulama fatwas, as well as secondary sources such as books, scientific journals, and legal articles. The data collected were analyzed qualitatively to understand how the two legal systems govern the rights of married women workers. The results show that both civil law and Islamic civil law provide protection for the rights of married women workers, although there are differences in implementation and emphasis. Civil law emphasizes normative rights such as maternity leave, maternity leave, and protection against termination of employment due to marital status. Meanwhile, Islamic civil law emphasizes the principles of justice and the balance of rights and obligations between husband and wife, with an emphasis on the protection of women's rights in the scope of family and work. The novelty of this study lies in the comparative approach used to identify similarities and differences in legal protections for female workers bound by marriage under two different legal systems. The study also provides recommendations for policymakers to improve legal protections for married female workers, by integrating the positive aspects of both legal systems.]]>
<![CDATA[Tinjauan Hukum terhadap Jasa Tukang Gigi Yang Melebihi Wewenangnya: Analisis Peraturan Menteri Kesehatan Nomor 39 tahun 2014 ]]>
<![CDATA[Ciptaningsih, Wahyu]]>;
<![CDATA[Radian, Muhammad Luthfi]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48666
<![CDATA[Dental artisan is a dentist's specialty. The large number of dental artisan who do not follow the health benchmarks set out in Minister of Health Regulation Number 39 of 2014 makes it seem as if the norms created are meaningless. In fact, there are quite a few cases where dental artisan carry out fixed braces treatment on their patients. This research will discuss the legal regulation of dental artisan that exceed their authority in terms of Minister of Health Regulation No. 39 of 2014. The aim of this research is to find out the legal regulations regarding permits to practice dental artisan in Indonesia based on Minister of Health Regulation Number 39 of 2014 and to find out legal sanctions for providers of dental artisan who exceed their authority. In completing this research, the method used was the normative juridical method. The study results show that dentists based on Minister of Health Regulation no. 39/2014 is only allowed to make and install partial and/or full removable dentures using heat curing acrylic material. The sanctions that can be imposed on dentists who exceed their authority can be subject to administrative sanctions in the form of a written warning, temporary or permanent license revocation.]]>
<![CDATA[Tinjauan Yuridis terhadap Proses Pembatalan Hibah di Pengadilan Agama: Studi Putusan Nomor 236/Pdt.G/2017/Pa.Pal. ]]>
<![CDATA[Nasution, Zulkifli]]>;
<![CDATA[Harahap, Mhd Yadi]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48741
<![CDATA[Grant is one of the legal acts that is basically regulated in positive legal provisions in Indonesia, both civil law and Islamic law. However, in practice there are still some problems related to the change process, as a legal provision, of course, grants have pillars and conditions that must be met, which if there is one pillar that is not fulfilled, the contract of the grant can be canceled. In this regard, Decision Number 236/Pdt.G/2017/PA. Pal there is a request for grant cancellation made by the biological son of the grantor, so in this study the author will examine the juridical review of the grant cancellation process in religious courts as happened in Decision Number 236/Pdt.G/2017/PA. Pal to find out whether it is in accordance with applicable legal provisions. This research is qualitative research with the type of normative juridical research or legal research, literature approach or (labrary research). The results of this study show that the practice that occurred in Decision Number 236/Pdt.G/2017/PA. Pal in the case of mauhub (property granted) violates the provisions of article 210 paragraph (1) of the KHI where the maximum grant is only 1/3 of the total property of the grantor, but in this decision exceeds 1/3 part. Therefore, in the examination of the case, the Judge granted part of the plaintiff's claim, namely declaring void the grant 154/PT/IV/2009 dated April 6, 2009]]>
<![CDATA[Kepastian Hukum atas Harta dalam Perkawinan Menurut Hukum Perdata Terkait Akta Perjanjian Kawin Pisah Harta yang Lalai Didaftarkan ]]>
<![CDATA[Raharja, Randy]]>;
<![CDATA[Marniati, Felicitas Sri]]>;
<![CDATA[Yani, Ahmad]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.48853
<![CDATA[Marriage relations between men (husbands) or women (wives) will cause marital property, joint property sometimes causes problems when divorce occurs. The subject of this research is how the implementation of the marriage agreement deed related to the separation of property according to civil law made by the negligent parties is registered and how the legal certainty of joint property according to the marriage law related to the negligent marriage agreement deed is registered and how the legal certainty is. The method used in this study is a type of normative juridical research, namely literature law research with sources of primary, secondary, and tertiary legal materials. The research approach used is the Legislative Approach, Conceptual Approach, Analytical Approach, Case Approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals, and other sources of legal materials. Legal material analysis techniques, grammatical interpretation, systematic interpretation, and legal construction methods are carried out. The results of the study show that the legal certainty of joint property according to civil law related to the deed of negligent marriage agreement is registered after the existence of PMK Number 69/PUU-XIII/2015 through the marriage agreement of Indonesian Citizens (WNI) and Foreign Citizens (WNA) based on the Court Decision, a marriage agreement for the separation of property can be carried out after the marriage, to avoid before problems arise and/or contrary to the Law which applies in Indonesia over the right to own property status during marriage]]>
