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Is Susanto
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Jl. Z. A. Pagar Alam Labuhan Ratu, Kedaton, Kota Bandar Lampung, Lampung
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Smart: Journal of Sharia, Tradition, and Modernity
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : -     EISSN : 28078268     DOI : https://doi.org/10.24042/smart.v1i2.10965
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
SMART: Journal of Sharia, Tradition, and Modernity adalah jurnal peer-review, open-access yang diterbitkan oleh Prodi Hukum Keluarga Program Doctor Pascasarja Universitas Islam Negeri (UIN) Raden Intan Lampung. Jurnal ini bertujuan untuk mempublikasikan temuan penelitian yang berkaitan dengan studi hukum Islam, hukum keluarga Islam, Sejarah dan Pemikiran hukum Islam, Norma, Perilaku, dan Praktik Sosial Budaya di Indonesia pada khususnya dan Dunia pada umumnya, serta dimaksudkan untuk menerbitkan temuan penelitian asli dan isu-isu terkini tentang subjek tersebut.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 December (2022)" : 6 Documents clear
ANALYSIS OF JUDGES' DECISIONS REGARDING ISLAMIC INHERITANCE CASES AND ITS IMPLICATIONS FOR FAMILY LAW REFORM IN INDONESIA Pradikta, Hervin Yoki; Mahmudah, Siti; Susanto, Is
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.14626

Abstract

There is a disparity between the decisions of the Religious Courts, the High Religious Courts and the decisions of the Supreme Court related to Islamic inheritance cases since first-instance and appellate-level decisions tend to use normative law, whereas at the cassation level decision has used a progressive legal paradigm. Therefore, this study aims to look at the judge's decision regarding inheritance cases and its implications for legal reform. This research is a qualitative research, a type of library research with the approach of the Legal Pluralism Triangle Concept by Werner Menski. This study uses the theory of legal discovery, maqasyid as-shari'ah, and progressive legal theory, and draws conclusions using inductive thinking. The results of this study indicate that the decisions of the Religious Courts and the High Religious Courts still use a conservative legal paradigm which tends to only serve as mouthpiece for laws, in contrast to the decisions of the Supreme Court which have described the existence of ijtihad by using a progressive or contextual legal paradigm. The implication of the decision on Islamic inheritance for family law reform in Indonesia is that the Supreme Court's decision can be used as jurisprudence andas a reference for realizing the unification of Islamic inheritance law in Indonesia today.
CONSTRUCTION OF THE FIVE PILLAR LAW OF MUBADALAH IN THE PERSPECTIVE OF ISLAMIC MARRIAGE PHILOSOPHY Munawaroh, Lathifah; Heradhyaksa, Bagas; Sadari, Sadari
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.16043

Abstract

The philosophy of Islamic marriage is often overlooked by the perpetrators of marriage so that the divorce rate is always high. For example, the Central Statistics Agency (BPS) released data on the divorce rate in Central Java for various reasons, in 2020 it reached 65,815 divorces, in 2021 there will be no less than 65,722. Although comparing to the figures in the previous year, this figure has decreased slightly, it is still said to be high. One way to reduce this number is to require a complete understanding of the philosophy of Islamic marriage. The five pillar mubadalah can be jointly carried out by each husband and wife, so that household harmony can be achieved together. This paper seeks to examine this, where the type of research used is literature review with documentation techniques, the approach used is normative theology with content analysis techniques and drawing conclusions with a deductive thinking framework. The results of this study are that the philosophy of Islamic marriage is parallel to the maqasid sharia of marriage. Maqashid sharia marriage has two dimensions: maqashid ashliyyah or main maqashid, and maqashid taba'iyyah or complementary maqashid. The five pillar mubadalah are tips that need to be considered to create maqashid marriage and a philosophy of Islamic marriage at once
ANALYSIS STUDY OF THE MOVEMENT OF THE INDONESIAN WOMEN'S ULAMA CONGRESS (KUPI) IN AGAINST SEXUAL VIOLENCE AND CHILD MARRIAGE Hidayatulloh, Taufik; Syifa, Bahro
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.16044

Abstract

Society's stigma regarding the role of women in the erroneous interpretation of religious texts makes women a creature that occupies the second position after men. The discriminatory interpretation of religious texts has limited the scope for women. One movement that pays attention to women's issues is the Indonesian Women's Ulema Congress (KUPI). KUPI formulates issues such as sexual violence, child marriage, and environmental damage. This research examines two issues, namely fighting sexual violence and child marriage with an analytical study of the movement of the Indonesian Women's Ulama Congress. This type of qualitative research uses descriptive-analytical and descriptive-interpretive methods, describing and explaining the consequences of sexual violence and child marriage. The results of this study indicate that sexual violence and child marriage are not at all good for anyone, instead they are bad. Therefore, these two things must receive serious attention from various parties in prevention efforts.
DEVIANT POLYGAMY PRACTICES AND ITS IMPACT ON WOMEN AND CHILDREN: A CRIMINAL LAW ANALYSIS Edwar, Frand; Mukhlishin, Ahmad; Muslih, M; Hidayat, Sarif
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20600

Abstract

Polygamous marriages can be carried out by first fulfilling the requirements as stipulated in the legislation. But in fact, there are cases of polygamous practices being carried out not in accordance with statutory regulations, and not obtaining permission from the Court, the practice of polygamous marriages is carried out secretly without the knowledge of the first wife and is carried out in sirri. The purpose of this article is to analyze the factors that led to the practice of polygamy in Notoharjo Village, Kec. Trimurjo Kab. Central Lampung, then the implications of deviant polygamy behavior on household harmony and whether deviant polygamous behavior can be punished. This type of article is qualitative, with a case study approach that is analyzed from a criminal law perspective. The primary data source for this article is the perpetrators of deviant polygamy. Data collection techniques through observation, interviews and documentation. The results showed that the factor of deviant polygamy was due to an affair that the first wife did not want to know about. The implications of deviant polygamous marriages are that they result in damage to harmony in the household, and deviant polygamous practices can be subject to criminal sanctions.Keywords: Deviant Polygamy, Implications and Criminal Sanctions.
DISPUTE RESOLUTION OF JOINT PROPERTY AND INHERITED PROPERTY DUE TO DEATH DIVORCE BY MEDIATION Awaludin, Ridwan; Muslimin, A; Mukhlishin, Ahmad; Hoggart, Fiona
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20603

Abstract

The problem of disputes over mutual assets or shared assets and inherited assets as a result of divorce and death is a matter that greatly affects the survival of the family left behind. This often leads to long conflicts. These conflicts sometimes cannot be resolved by the parties themselves, as was the case with one of the families in Tempuran Village, Trimurjo District. They resolve the conflict through mediation outside the court which of course presents a mediator as a neutral party. The formulation of the problem in this study is how to resolve disputes over shared assets and inherited assets in Tempuran Village, Trimurjo District? What is the method of mediation used to resolve joint and inherited property disputes between the wife's and stepfather's children in cases of divorce and death? This type of research is field research (Field Research), while the approach is qualitative with empirical laws that are anthropological social juridical. Data collection procedures were carried out through observation, interviews, and documentation. Primary data comes from interviews, while observation and documentation are secondary data that complements the primary data. The results of this study are that the distribution of joint assets (gono-gini) and inherited assets as a result of divorce is resolved through the kinship line. This family meeting is held to maintain family relations between stepfathers and stepchildren in harmony. The amount of the distribution of assets is in accordance with the agreement that has been mutually decided, namely the amount of distribution of assets back and forth and inherited assets for stepchildren is greater with a total of 2/3% of the existing assets. This is because the child's mother carries more assets than her stepfather.Keywords: Joint Assets, Inherited Assets, Divorced, Mediation Law.
KEJAWEN SCIENCE IN JAVANESE MARRIAGE AND ITS IMPLICATIONS FOR HOUSEHOLD HARMONY HOUSEHOLD HARMONY A, M. Luthfi; Asnawi, Habib Shulton; Ismail, Habib; Zuhdi, M Nurdin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 2 December (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i2.20605

Abstract

This article discusses the application of kejawen science in marriage. The purpose of writing this article is why some Javanese people still believe and practice kejawen science, especially in marriage, whether kejawen science has an impact on household harmony. Type of qualitative article, object of research in Kotabaru Village, Central Lampung, phenomenological study approach method, primary data sources are parents of married couples, religious leaders and community leaders. Data collection techniques through observation, interviews and documentation. The results showed that the Javanese community still believes and applies kejawen science in marriage. The reason is that it is believed that married couples have different wetons, have conflicting characters and traits, so the implication is that marriage is full of conflict and ends in divorce. Believing in Islamic divination is contradictory and forbidden for the reason of polytheism.Keywords: Kejawen Science, Marriage, Household Harmony.

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