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Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 351 Documents
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Kewenangan Mediator dalam Penyelesaian Perkara Perceraian: Studi Kasus Pengadilan Agama Majene Alimuddin, Hardiyanti; Amaliah, Rezki; Syam, Sitti Mutmainnah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.43346

Abstract

Mediation is a process of resolving disputes between two or more parties through negotiations or consensus. Mediation proceedings also occur in divorce disputes. The main problem in this study is the role and function of mediators in divorce disputes at the Majene Religious Court and the supporting factors and inhibiting factors of mediators in the Majene Religious Court. The purpose of the study was to determine the role and function of mediators in divorce disputes at the Majene Religious Court and how the supporting and inhibiting factors of mediators in the Majene Religious Court. The type of research used is field research with a normative theological approach to syar'i. Researchers use two data sources, namely primary data and secondary data. In the data collection method, researchers make observations, interviews, and documentation. The procedure for conducting research is the preparatory stage, operational stage, and completion stage. Data analysis with data reduction steps, data presentation, and data verification. The results showed that the existence of mediators in the Religious Justice system, especially in the Majene Religious court, was by Perma rules and carried out their duties as mediators as neutral parties in reconciling the parties. In addition, the function and role of mediators in resolving the problems of people who want to divorce are very necessary because reconciliation efforts are a burden required by law to judges in every examination, trial, and decision of divorce cases. The supporting factor of the mediator in resolving divorce disputes is having experience training the mediator certificate so that it can mediate the parties well. The inhibiting factor of the mediator in mediating is the desire of the parties to remain divorced and if the parties make tantramen (violence, emotion, anger) to the mediator. This study implies that married couples must be aware of the marriage bond they have pledged uphold the vow/promise and strive for maturity. The a need to conduct training for judges on their main duties and as mediators on an ongoing basis by paying attention to talent as mediators. Thus, it is recommended to the community, including shari'ah scholars who have competence in the field of family law, to attend mediator training to obtain a mediation certificate to play a role in efforts to reconcile divorce litigants in the Religious Court.
Kontekstualisasi dan Pembumian Fikih Berbasis Realitas Ke-Indonesiaan: Perspektif Hazairin dan Munawir Sjadzali Tarmizi, Tarmizi; Salenda, Kasjim; HL, Rahmatiah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.43378

Abstract

The concept of Indonesian fiqh is an idea that is characteristic of the implementation of Islamic law in Indonesia which is in accordance with the character and nuances of Indonesian society. The emergence of the concept of Indonesian fiqh cannot be separated from the ideas of important figures who contributed ideas to Islamic law in Indonesia. This research is library research carried out by collecting and reviewing various literature related to the concept of Indonesian fiqh which was initiated by several important figures and their ideas. The data analysis technique uses qualitative descriptive analysis through analysis of the thoughts of influential figures in grounding Indonesian fiqh. The results of the research show that Hazairin's thoughts on Indonesian fiqh gave birth to the concept of the Indonesian school of thought or the Syafi'i plus Indonesia school which was projected by including Islamic law in the national legal system. Then Munawir Syadzali with the concept of humanitarian ijtihad through the positivization of Islamic law. Several of the proposals and methodologies that have been initiated have the same ideals, namely wanting a new fiqh format that is in accordance with social realities in Indonesia.
Kepastian Hukum Klausula Pengesampingan Pasal 1266 dan Pasal 1267 KUHPerdata terhadap Pembatalan Perjanjian yang Disepakati Para Pihak dalam Akta Notaris Atpasila, Muh Nur Arisakti; Sahril, Iran; Martanti, Yurisa
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.43414

Abstract

Some business people objected because of the uncertainty of the time for the settlement of default disputes in Court. Therefore, there is often a clause in the agreement for the waiver of Article 1266 and Article 1267 of the Civil Code to cancel the agreement without a court process. The main point of this research discusses the Legal Certainty of the Exclusion Clause of Article 1266 and Article 1267 of the Civil Code in Connection with the Cancellation of the Agreement Agreed by the Parties in the Notary Deed. This study aims to find out the existence of dispute resolution in the Court where the parties have agreed to waive the provisions of Article 1266 and Article 1267 of the Civil Code and the legal certainty of the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code agreed upon by the parties in the Notary Deed. The method used in this study is normative juridical research, namely research on literature law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and the technique of collecting legal materials is carried out by inventorying positive legal rules, literature, books, journals and other sources of legal materials. The analysis technique of legal materials is carried out by carrying out grammatical, systematic, and legal construction methods. The results of the study show that the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code in the Notary Deed that has been agreed upon by the parties, then at the stage of its implementation, there is one of the parties who objects to the waiver of Article 1266 and Article 1267 of the Civil Code in reality can file a lawsuit with the Court in connection with the waiver clause of Article 1266 and Article 1267 of the Civil Code, while the party in the position of the defendant who postulated in his execution that the plaintiff did not have legal standing/persona standi in judicio because he had agreed to waive Article 1266 and Article 1267 of the Civil Code, the reality was not considered by the Court. Article 1266 and Article 1267 of the Civil Code are suggested to be amended by adding an exception sentence in the form of "can be set aside as long as agreed by the parties".
Penerapan Legitime Portie Ahli Waris Terkait Penerima Manfaat pada Polis Asuransi Jiwa: Perspektif Perlindungan Hukum Pangestika, Meitri Widya; Chandra, Tofik Yanuar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.43436

Abstract

Life insurance has become an important necessity for today's modern society. In Indonesia, there is life insurance. As humans, we face risks in everyday life. Risk is an event that will occur but the timing is unknown or uncertain. Therefore, people enter into insurance agreements to be able to transfer the risk to the insurer, or insurance company Where the life insurance agreement provides security and health and guarantees the life and property of a person who is insured in accordance with the provisions stipulated in the insurance agreement. In addition, a life insurance agreement allows the insurer to be queath his wealth to his heirs. The method used in this research is normative juridical research, that is, research of library law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and a technique of collecting legal materials carried out by means of an inventory of positive legal rules, book literature, journals and other sources of legal materials. For the technique of analysis of legal materials is carried out by performing grammatical, systematic, and methodological interpretations of legal constructions. From the results of the study, it was obtained that life insurance, liability has the right to cash payments before the death of the world since the insurance agreement between the liability and the insurer is closed. If the responsibility of the world dies, the connoisseur has this data right as a right to come. Therefore, we will turn to the heirs. Payment of money for life insurance constitutes a guarantee, according to Article 1320 of the Civil Code and Article 257 of the Criminal Code related to the opinion of Diephuis and Opzoomer.
Perlindungan Hukum bagi Warga Negara Asing dalam Pembagian Hak Waris Terkait Hak Milik Tanah di Indonesia Sibarani, Christine Martha Rinauly; Franciska, Wira; Marniati, Felicitas Sri
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.43450

Abstract

Differences in nationalities between inheritors and heirs do not invalidate a person's right to inherit. Phenomenon in society, heirs of foreigners did not inherit ownership rights to land. This research aims to analyze the position of heirs of foreigners who receive the inheritance of land ownership rights and to analyze the legal protection of inheritance rights for land ownership rights received by foreigners. The theory used in this research is the Legal Protection Theory by Soetjipto Raharjo and the Inheritance Theory by Wirjono Prodjodikoro. The research method used is normative juridical. The conclusion is foreign heirs still have the right to inherit, for inherited in the land of Ownership Rights, some provisions must be complied with by UUPA that foreigners are obliged to relinquish ownership rights to land within one year from the acquisition of these rights, within that period foreigners can be transferred or sell the land ownership rights to another heir or other parties, or decrease the right to be right to use. After this period, the rights are extinguished because the law and the land belong to the State. However, foreign heirs can be given the right to occupy (including the rights to use, manage, and relish economically), because there is no prohibition in positive legal provisions for a foreigner to occupy and receive economic benefits from a house or building object.
Relevansi Hukum Islam terhadap Pernikahan Adat Masyarakat Mandailing di Desa Tanjung Julu Ritonga, Raja; Dongoran, Irham
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.44256

Abstract

The implementation of traditional marriages in the Mandailing community is still very strong today. Because for the Mandailing people, marriage is a procession carried out according to religion and custom. So, until now, marriage in the Mandailing community still follows the customs that have been carried out by the ancestors of the Mandailing community for a long time, even though they have joined the teachings of the Islamic religion which is strongly adhered to by the community. This research was conducted to determine the traditional marriage process in the Mandailing community and its relevance to Islamic law. This research is field research, namely using Tanjung Julu village in Mandailing as a research object. The approach taken is a normative legal approach. In collecting data, observation, interviews, documentation, and a literature study were carried out. Next, all data was analyzed descriptively. The results of the research explain that the traditional marriage practices carried out by the Mandailing community in Tanjung Julu village still take place according to customs that have been passed down from generation to generation. Starting from the process of manyapai boru (khitbah), patibal sere (determining the dowry), and horja (wedding procession). Furthermore, all stages carried out in the wedding procession are adjusted to State Law and Islamic Law, so it can be concluded that Islamic teachings are still very relevant in all processions carried out by the community and do not violate the Law and teachings of the Islamic religion.
Penyebaran Pemahaman Moderasi dalam Menangkal Paham Radikalisme di Pondok Pesantren Kabupaten Bantaeng: Mengukur Kontribusi Program Studi Perbandingan Madzhab dan Hukum Laman, Ilham; Idrus, Achmad Musyahid; Asti, Mulham Jaki
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.45115

Abstract

This research wants to answer important questions related to the reality of students' understanding of moderation and radicalism, the role of the Comparative Madzhab and Law Study Program in integrating the school of jurisprudence towards the spread of religious moderation in warding off the dangers of radicalism. This question is motivated by the reality of the danger of radicalism caused by intolerance in madhab and Santri is the main pillar in building moderation and countering radicalism. Therefore, the significance of this research is to offer the importance of madhhab moderation as the initial door to achieve religious moderation and counteract radicalism among students. The method used in this research is a case study approach analyzed with the theory of tasyri philosophy. Data was collected by direct interviews with students of As'adiyah Dapoko Islamic Boarding School and DDI Mattoanging Islamic Boarding School, Bantaeng Regency as primary flat sources and religious and community leaders as secondary flat sources. The research findings are divisions in religion caused by madhhab fanaticism and chaos in the nation and state caused by radicalism. This study concludes that the school of jurisprudence can contribute to counteracting radicalism if it is well understood, the reality of students' understanding of moderation and radicalism is still low, understanding the wisdom of moderation law can strengthen religious moderation and understanding the dangers of radicalism can maintain benefits in religion and state.
- Penerapan Putusan Pengadilan Negeri Gedong Tataan terhadap Tindak Pidana Narkotika Jenis Sabu: Studi Putusan Nomor 52/Pid.Sus/2023/PN/Gdt. Fernando, Juan; Jainah, Zainab Ompu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.45127

Abstract

Crime and drug crimes are a form of victimless crime. These victimless crimes tend to increase in scale when specific agencies or groups are involved, such as the police, prosecutor's office, courts, customs, immigration, and special agencies. Abuse of drugs and illegal substances is on the rise and is a long-standing phenomenon. This will cause enormous damage to generations of citizens. The research method used in this research is a normative legal approach and an empirical approach. Secondary data is data obtained through library research, such as literature and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, primary, secondary and tertiary legal materials. The research results obtained by the factors that cause cases of narcotics abuse that occur in Gedong Tataan are mostly due to work factors such as drivers which require them not to fall asleep to meet the target delivery time, therefore many narcotics are abused, such as crystal methamphetamine, and abuse often occurs due to environmental factors. Then the application and consequences of the application of the court decision based on decision number: 52/Pid.Sus/2023/PN.Gdt and Law number 35 of 2009 concerning narcotics as the application of the law carried out by the Gedong Tataan District Court against the defendant. Declare the defendant I Ridho Priyanto bin Atip Sumantri and the Defendant, Dedi Firmansyah bin Muhaimin, have been legally and convincingly proven to have committed the criminal act of "Misusing Class 1 Narcotics for Yourself, Done Together" as in the indictment for violating Article 127 paragraph (1) letter a of Republic of Indonesia Law Number 35 In 2009 regarding narcotics junto Article 55 of the Criminal Code, as well as the amount of narcotics influenced the judge's decision in applying the law in deciding the charges against the defendant.
Urgensitas Musyawarah dalam Penyelesaian Perkara bagi Hakim Pengadilan Agama: Perspektif Al-Qur’an Syafruddin, A. Ummu Fauziyyah; Fikri, Mursyid; Basri, Halimah; Sohrah, Sohrah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.45147

Abstract

Judges have an important role in making decisions in handling cases, therefore judges need time to deliberate before enacting a law and deciding on a case, therefore the number of judges consists of three people because of the concept of judicial deliberation which is carried out before deciding on a case. This research aims to provide clarity regarding the study of Al-Musyawarah in resolving cases for judges in Religious Courts from the perspective of Al-Qur’an interpretation. This research methodology uses a type of library research using the Tafsir Mawdhui (Thematic) approach. The results of the research shed more light on the universality of Islamic law which can penetrate the dimensions of time as the main basis for making decisions. It is hoped that this research will be able to provide significant benefits for readers and serve as a reminder that the concept of the Al-Qur’an perspective is always able to be present in resolving every case from time to time and it is also the author's hope that in the future the status of the rule of law and the majority of Muslims in Indonesia able to provide a progressive collaborative existence
Tinjauan Yuridis Tindak Pidana Pelecehan Seksual Terhadap Perempuan Bersuami: Studi Putusan Nomor 538/Pid.B/2023/PN TJK Maulana, Irfan; Anggalana, Anggalana
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.45826

Abstract

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.

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