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Is Susanto
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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. 3 No. 2 December (2023)" : 6 Documents clear
Interconnection of the Caper E-Motion System as a Guarantee of Protection of Women's and Children's Rights After Divorce in the Religious Courts of Bengkulu, Indonesia Asrori, Asrori; Mukhtar, Naqiyah; Wijayati, Mufliha; el-Hajjami, Aicha
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20015

Abstract

This article examines the form of guaranteeing the protection of women's and children's rights after divorce by implementing an application called E-Mosi Caper, namely Electronic Monitoring of the Execution of Financing the Rights of Women and Children after Divorce which is implemented at the Bengkulu Religious Court as a follow-up to the memorandum of agreement between the Religious Courts. Bengkulu with the Bengkulu Bank and the Bengkulu City Government because the ex-husband did not voluntarily implement the decision of the Bengkulu Religious Court regarding these rights, while the ex-wife, due to several obstacles, did not submit an attempt to execute the rights regarding herself and her children. This paper uses a mixed method with a normative juridical and empirical juridical approach. The object of this research is the decision of the Bengkulu Religious Court which has permanent legal force. The primary data sources for this research are the litigants and Bengkulu Religious Court officials. Data collection techniques through observation, interviews and documentation. Inductive data analysis using Maqashid as-Shari'ah theory. The results of the analysis include cases that were decided in 2013, one of the cases was divorce divorce by a husband who worked as an ASN in Bengkulu Province, the ex-wife used this application in February 2023, the result was that as of April 2023, the ex-husband's account was debited in the amount of Rp. 1,000,000/month for his children through his ex-wife's account. The E Mosi Caper application implemented by the Bengkulu Religious Court is an effort to provide excellent service to justice seekers.Keyword: Protection, Rights of Women and Children, Interconnection System.
Husein Muhammad's Thoughts on Husband's Iddah and His Contribution to the Development of Family Law in Indonesia Rofi'i, Hilmi Yusron
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20487

Abstract

This article discusses the thoughts of Husein Muhammad regarding the husband's iddah and his contribution to the development of family law in Indonesia. this article uses a qualitative method, analyzing in depth about the thoughts of Husein Muhammad, related to the iddah period of the husband, this article is a library research or literature study, by studying the literature of Husein Muhammad's work on Iddah, the main data source in this study is the work of Husein Muhammad, the data analysis technique uses an inductive framework using mashlahah and mubadalah analysis. The result of the research is that Husein Muhammad's thinking leads to a more inclusive, progressive, humanist and contextual understanding of family law and is adaptive to the dynamics of Indonesian society which continues to develop by detailing the iddah time frame and the rights attached to that period. Husein Muhammad's thinking on iddah has a positive impact on the development of family law in Indonesia, linking its theoretical aspects to concrete changes in the family law system and providing a strong foundation for further change.Keyword: Husein Muhammad, Iddah Period, Husband, Family Law
The Nyikok Tradition of Lampung Pepadun Indigenous People as a Fulfillment of Children's Rights and its Relevance to Indonesian Islamic Family Law Saputra, Aldila Leo
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20488

Abstract

This research examines the implications of the nyikok tradition in Lampung Pepadun customary society on the fulfillment of children's rights and its relevance to the development of Islamic family law in Indonesia. This type of research is field research, which is conducted in the Lampung Pepadun indigenous community in Lampung Province. This type of research is field research, which is conducted in the Lampung Pepadun Customary Society in Lampung Province. Data sources in this research are primary and secondary data sources. Data analysis in this research uses qualitative methods. Analyzed inductive thinking approach. The results of the study that Nyikok in Lampung Pepadun cultural customs has a good purpose. Based on the Receptio A Contrario analysis, nyikok has compatibility with Islamic law, so that its practice can be applied by the indigenous people of Lampung Pepadun, because it has positive implications in fulfilling children's rights, on the other hand, it is also to protect the inherited property of the deceased father, to continue the breed so that the balance is not broken and to maintain the kinship system that has been established. The nyikok tradition has relevance to Islamic family law in Indonesia, which is relevant to KHI Article 14, Article 2 (1) of Law No. 1 of 1974 concerning Marriage and then the existence of nyikok in the context of child protection and care is relevant to Article 45 of Law No. 1 of 1974 concerning Marriage, that parents have an obligation to maintain and educate children.Keyword: Nyikok; Lampung Pepadun; Children's Rights; Indonesian Family Law.
Childcare in Lampung Saibatin Indigenous Community from the Perspective of Mubadalah and its Contribution to the Development of Family Law in Indonesia Sutendy, Deddy; Isa, Rozana
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20506

Abstract

This article examines childcare in the Lampung Saibatin indigenous community from the perspective of mubadalah and its contribution to the development of family law in Indonesia. This research is field research or filed research conducted in the Lampung Saibatin indigenous community in Lampung Province, conducting interviews with Lampung Saibatin traditional leaders and Lampung Saibatin indigenous people, analyzed qualitatively using the theory of mubadalah. The results of the study show that the Lampung Saibatin indigenous community has a pattern of childcare carried out by the mother, but as time goes by there are already some parents who have implemented that in childcare is carried out jointly by both parents. The existence of care that is dominated by the mother because the father earns a living for the needs of the family, on the other hand there is a classic paradigm that the wife's job is to take care of the house and children while the husband works. In this digital era, it is expected that childcare is carried out jointly, father and mother proportionally, so that this research contributes to campaigning for balanced parenting or mubadalah between father and mother. At the same time as an effort to educate the Lampung Saibatin community who still have a classic paradigm that emphasizes the dominance of childcare only to the mother, so that they can slowly change the paradigm into childcare that has a more balanced value of mubadalah between the father and mother.Keyword: Childcare; Lampung Saibaitin; Mubadalah
Regulation of the Director General of Islamic Guidance on Marriage of Husband during Wife's Iddah Period: An Effort to Develop Family Law in Indonesia Miftahudin, M.
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20509

Abstract

This research examines the husband's marriage during his wife's iddah period at the Office of Religious Affairs in Lampung Province. This type of research is field research, which is conducted at the KUA throughout Lampung Province, as a sample of Bandar Lampung City, Metro City and East Lampung Regency. Data sources in this research are primary and secondary data sources. Data analysis in this research uses qualitative methods and uses mashlahah theory. The result of the study is that the Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage of Husband in Wife's Iddah Period, is a regulation that regulates the prevention of husbands who want to marry during their wife's iddah period. The existence of this prevention is an effort to create balance between men and women in iddah arrangements, this will have an impact on the value of gender justice and create benefits between couples. Then by seeing that the existence of male iddah aims at gender justice, and kemashlahatan, it needs to be studied further to be regulated in legislation. The position of Circular Letter of the Director General of Islamic Guidance Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage during the Wife's Iddah Period has the status of a government policy, so according to the researcher's analysis, there should be a follow-up regulation to the legislative stage so that it becomes the status of a law, which can bind generally and widely, and has a higher legal force than a circular letter.Keyword: Marriage, Husband, Iddah Period, Wife, Lampung Province
State Attorney Law Enforcement in Marriage Annulment and its Contribution to the Development of Family Law in Indonesia Zaharuddin, Dicky
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20510

Abstract

This articleexamines the optimization of law enforcement by prosecutors in annulling marriages and its contribution to the development of Islamic family law in Indonesia. This research is library research, analyzed by descriptive analysis, which is done by describing the existing facts, the method of analysis used is qualitative method, using Gustav Redbruch's theory of legal objectives. The result of this study is that the optimization of law enforcement by prosecutors in annulling marriage is relevant to Gustav Redbrudh's theory of purpose, that the purpose of law is to provide justice, legal certainty and legal benefits. With the prosecutor being given regulatory rules that support his role in enforcing the law in the field of marriage annulment for someone who violates the legislation, legal justice, legal certainty and legal benefits will be created in the community. The researcher's contribution to the development of family law in Indonesia is in the form of a proposal to policy holders, so that regulations are legislated that specifically regulate the technical guidelines that prosecutors are allowed to act directly in marriage annulment applications.Keyword: Optimization, Law Enforcement, Prosecutor; Marriage Cancellation

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