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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 344 Documents
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LEGAL IMPLICATIONS OF UNREGISTERED MARRIAGES ON THE ADMINISTRATIVE POPULATION STATUS OF CHILDREN FROM THE PERSPECTIVE OF LAW NO. 24 OF 2013: (Case Study: No. 865/Pdt.P/2024/PA/CBN) Natasya, Jessika Angely
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59706

Abstract

Siri marriage is a form of marriage conducted in accordance with religious law, but not officially registered with the relevant state agency, in this case the Office of Religious Affairs (KUA). This phenomenon is still widely found in Indonesia and raises complex legal issues, one of which relates to the administrative status of children born from such marriages. This issue is crucial because the registration of marriage has direct implications for the civil rights of children, including the possession of a birth certificate as a basic document in the population administration system. This study aims to analyze the legal implications of unregistered marriages on the administrative status of children in the context of Law No. 24 of 2013 on Population Administration, by examining the Cibinong Religious Court Decision No. 865/Pdt.P/2024/PA/CBN as a case study. The method used is a normative juridical approach with data collection through a literature review of legal literature, court decisions, laws and regulations, and relevant academic articles.                 The results of the study show that children born from unregistered marriages often face obstacles in obtaining birth certificates because their parents do not meet the requirements for marriage registration. This situation results in uncertainty regarding the legal status of the child in the eyes of the state, particularly in relation to civil rights and legal protection. However, through the mechanism of marriage validation, the court provides validation of unregistered marriages so that children can obtain administrative legality. The decision of the Cibinong Religious Court in the case studied confirms that the state is present to provide legal certainty for children, while reinforcing the importance of marriage registration as an instrument for the protection of civil rights. This study confirms that marriage registration is a fundamental aspect of guaranteeing children's rights in population administration.
Mrs Upaya Hukum Konsumen atas Wanprestasi dalam Jasa Titip Barang Impor Online: Tinjauan Hukum Perdata dan Fiqh Islam : A Comparative Normative Study of Civil and Islamic Legal Perspectives Windiarti, Wulan; Paramita, Itsma
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60233

Abstract

The development of digital technology has given rise to the practice of online consignment services for imported goods, which makes it easier for consumers to obtain products from abroad. However, at the same time, it has also given rise to legal problems when service providers do not fulfill their obligations as agreed, such as late delivery, mismatched goods, or no delivery of goods at all. This study aims to analyze the forms of breach of contract and legal liability of online jastip service providers and to examine the legal protection mechanisms for consumers from the perspective of Indonesian civil law and Islamic jurisprudence. The research method used is normative juridical with a legislative and conceptual approach through analysis of the provisions of the Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection, and muamalah fiqh literature regarding wakalah bil ujrah contracts. The results of the study show that in civil law, default in a jastip agreement gives consumers the right to demand fulfillment, contract cancellation, and compensation as stipulated in Articles 1233 and 1243 of the Civil Code and the Consumer Protection Law. From the perspective of Islamic jurisprudence, jastip is categorized as a wakalah bil ujrah contract that requires the principles of trust, transparency, and clarity of contract, so that when a breach of contract occurs without a valid excuse, the service provider is obliged to bear the losses (dhaman) both morally and legally. This study confirms the common ground between Indonesian civil law and Islamic jurisprudence in placing legal responsibility on business actors to protect consumer rights. Despite the existence of a clear legal basis, the practice of online proxy shopping still requires more stringent specific regulations and adequate legal education for consumers so that they can understand, demand, and effectively defend their rights in cross-border digital transactions.
Local Cultural Acculturation in the Practice of Nazar in Bulukumba Regency: A Study of the Angnganro Tradition from an Islamic Law Perspective Widyani, Sri; Mulya A., M. Alyan; Nurafni, Nurafni; Basir, Muhammad Rendiyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60463

Abstract

The phenomenon of cultural and religious acculturation in Indonesian society is often reflected in local rituals that are rich in religious meaning, one of which is the Angnganro tradition among the Kajang people in Bulukumba Regency, South Sulawesi. This study aims to analyze the form of the Angnganro tradition and examine the ritual practice from the perspective of Islamic law, particularly in relation to its status as a form of vow or expression of gratitude for the fulfillment of prayers. This study uses a qualitative method with a sociological approach to law in the context of field research. Data was collected through participatory observation, in-depth interviews with traditional and religious leaders, and documentation of rituals, then analyzed in three stages, namely data reduction, data presentation, and conclusion drawing. The results of the study show that Angnganro is a collective ritual performed by the community as an expression of gratitude for recovery from illness, safety from disaster, or success in achieving a specific goal. This ritual is centered in a sacred forest area and led by a traditional leader (Amma Toa), with a series of preparations that can last for months, culminating in seven consecutive days involving extended families and traditional communities. From an Islamic legal perspective, this practice can be categorized as a form of ghairu mahdhah worship which is mubah, as long as it does not contain elements of shirk, bid'ah dhalalah, or violations of the principles of tawhid. Research confirms that the Angnganro tradition is a form of local cultural acculturation and an expression of religiousness that is acceptable in Islamic jurisprudence, provided that the practice remains based on the principle of tawhid and does not conflict with sharia law.
A Amnesty and Abolition: Between Political Reconciliation and Justice from an Islamic Legal Perspective: Amnesti dan Abolisi: Antara Rekonsiliasi Politik dan Keadilan dalam Perspektif Hukum Islam Gunawan, Muhammad Safaat; Mujahidah, Nurul; Azizah, Nur; Putra M, Hilton Tarnama; Sofyan, Sofyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60985

Abstract

The discourse on amnesty and abolition in Indonesia has tended to be understood merely as a political legal instrument oriented toward the interests of the state, when in practice there is a tension between the aspects of justice, political reconciliation, and the protection of human rights. The cases of granting amnesty to Hasto Kristiyanto and abolition to Thomas Trikasih Lembong show a gap between the normative basis of positive law and the need for equitable reconciliation. This study aims to analyze the concepts of amnesty and abolition not only as political products, but also as legal instruments that have moral and religious legitimacy. The method used is normative legal research with a legislative, conceptual, historical, and theological approach, supported by primary legal sources, secondary literature, and authoritative references to Islamic jurisprudence. The results of the study show that, conceptually, amnesty and abolition not only serve to ease political conflict, but also have relevance to Islamic legal values. Amnesty can be interpreted as a reflection of the principle of rahmah (mercy) and the restoration of substantive justice through forgiveness and reconciliation, while abolition is in line with the principle of daf‘ al-mafsadah (prevention of harm) as an effort to maintain social stability and national unity. The common ground between the two legal frameworks is that they both view amnesty and abolition not merely as political products, but also as means of achieving justice and national reconciliation. Amnesty and abolition in the perspective of Islamic law can also strengthen the legitimacy of Indonesian positive law while providing a more comprehensive legal protection framework. This study offers an integration of Islamic legal values with positive law in the context of transitional justice, thereby enriching the scientific discourse on the relationship between law, politics, and religion in conflict resolution and national reconciliation in the contemporary era.

Page 35 of 35 | Total Record : 344

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