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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. 4 No. 1 June (2024)" : 6 Documents clear
Wife's Self-efficacy when her husband is serving a criminal sentence and its Relevance to Indonesian Family Law: Mubadalah Perspective Syarpani, Syarpani
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20519

Abstract

This article examines the wife's self-efficacy when her husband is serving a criminal sentence and its relevance to family law in Indonesia. The formulation of this research is the wife's self-efficacy in maintaining the household when the husband is serving a sentence in the Lampung Provincial Penitentiary; How is the fulfilment of family maintenance when the husband is serving a sentence in the Lampung Provincial Penitentiary?; and How is the impact on the family when the husband is serving a sentence in the Lampung Provincial Penitentiary and its contribution to the development of family law in Indonesia. The research objectives include the wife's self-efficacy in maintaining the household when the husband is imprisoned in the Lampung Provincial Penitentiary, the fulfilment of family maintenance while the husband is serving a sentence, as well as the impact on the family and its contribution to the development of family law in Indonesia. This research uses a qualitative approach with field research conducted in several correctional institutions and religious courts in Lampung Province. Data were obtained from primary and secondary sources, analysed with qualitative methods using mubadalah theory. The results showed that wives facing this situation experienced significant economic, social, physical, and mental impacts, yet they were able to adapt to the conditions. Wives' self-efficacy, which reflects awareness of marital partnership, is key in maintaining family integrity, with mubadalah relationship patterns as a strategy to maintain household harmony in the face of trials such as husbands who become prisoners.
Legal Protection of Child Victims of Prostitution and its Contribution to the Development of Child Protection Law in Indonesia Tutuko, Bambang
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20521

Abstract

This article analyzes the implementation of legal protection for child victims of prostitution in Lampung Province and its contribution to the development of child protection law in Indonesia. The research aims to evaluate the alignment between child protection practices and the provisions of Islamic law and positive law, and to identify regulatory needs that support comprehensive protection for child victims of sexual violence. The theory used is the theory of mashlahah mursalah, which emphasizes general welfare. This study employs field research with a qualitative approach and inductive reasoning. Data were collected through interviews and documentation from the Women and Children's Protection Agency of Lampung Province. The findings indicate that the implementation of legal protection for child victims of sexual violence falls short of the expectations set by the constitution and legislation. There is a need for more stringent policies to ensure that victims receive legal protection and free access to necessary facilities. The conclusion of this research is that efforts to protect child victims of sexual violence require regulatory improvements to align with the mandate of the 1945 Constitution. The contribution of this study lies in the development of policy recommendations that can enhance legal protection for children in Indonesia and provide insights into the importance of synergy between Islamic law and positive law in protecting children's rights.
Epistimology of the 2022 Indonesian Women's Ulama Congress on the Prohibition of the Practice of Female Circumcision from the Perspective of Hakiki Justice Pratiwi, Anizar Ayu
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20528

Abstract

This article analyzes KUPI 2022 recommendation on Female Genitalia Cutting and Injury (P2GP) or female circumcision. Female circumcision is still practiced in various countries including Indonesia, with the excuse of carrying out religious orders for the sake of women's glory and cultural existence. This view is troubling, a form of injustice that continues and has an impact on women, if women are not circumcised then women get a negative stigma. The purpose of this article is what are the reasons why the Indonesian Women's Ulama Congress (KUPI) prohibits the practice of female circumcision? How is female circumcision from the perspective of ultimate justice? This article is a literature research, by examining the KUPI 2022 recommendation on female circumcision as a primary source, then analyzed qualitatively, analyzed based on the theory of ultimate justice. The result of the analysis is that, some scholars view that female circumcision is for the honor of women, but none of the Hadiths that are the basis of female circumcision have reached the level of sahih, and even their position is even dhaif. On this basis, KUPI recommends that female circumcision is prohibited (Haram to be performed) with various considerations. The accusation that if women are not circumcised, their libido and lust will be unstoppable is contrary to the Islamic values of true justice. The contribution of this article is shown for the legislative government to make a policy prohibiting P2GP actions.
Prevention of Falsification of Polygamous Marriage Identity in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia Billah, Yusuf Ridho
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20548

Abstract

This article examines the problem of identity forgery in polygamous marriages in Lampung Province. This case arises because the husband is not open to the first wife and the strict regulations regarding polygamy. The purpose of the research is to analyse identity forgery from the perspective of Islamic law and positive law as well as preventive efforts that can be made as an Islamic family law reform in Indonesia. The method used is qualitative, with a case study approach, type of field research, data collection techniques, through observation, interviews and documentation. Interview respondents from the Head of the Lampung Province Religious Affairs Office, religious leaders and six perpetrators of marriage identity forgery. The findings show that identity forgery is done to trick the wife and the KUA, and violates the principles of justice in Islam and Marriage Law No. 1 of 1974. Prevention efforts involve increasing public awareness, the capacity of registration agencies, and revising stricter regulations. The conclusion states that these measures can prevent identity forgery and strengthen law enforcement, as well as contribute to a more just and transparent reform of Islamic family law.
The Existence of Walimatul Urs Traditionally Ibal Serbow Lampung Pepadun Megou Pak Tulang Bawang and Relevance to Islamic Family Law Antoni, Ferry; Kafrawi, Shalahudin
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.20563

Abstract

This article examines the existence of a customary tradition carried out by the indigenous people of Lampung Pepadun Megou Pak Tulang Bawang, this tradition is about Walimatul Urs by Ibal Serbou custom. The purpose of writing is to analyse the view of Islamic law on the implementation of Walimatul Urs in the custom of Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang, and its relevance to Islamic family law. The method used is qualitative, the type of research is Field Research (field research) supported by Library Research. The approach used is a historical approach, the object of research is carried out in Tulang Bawang Regency, data collection techniques through observation, interviews and documentation. Interview informants were conducted directly to the community and traditional leaders of Lampung Pepadun Megou Pak Tulang Bawang, data analysis techniques inductively with Mashlahah theory. The results of the analysis show that the implementation of Walimatul Urs activities in the customary Ibal Serbou Lampung Pepadun Megou Pak Tulang Bawang involves stages such as Pineng (engagement), pengaku'an (release), and wedding reception. This process requires the participation of the families and communities of the four clans, the Walimatul Urs in the Ibal Serbou custom requires a lot of money and a long time. The implementation of Walimatul Urs in Ibal Serbou custom is not in accordance with Islamic Walimatul Urs activities and is not relevant to Islamic family law. 
Najmuddin Ath Thufi Mashlahah as Legal Reasoning for Judges' Decisions and Its Contribution to the Reform of Indonesian Islamic Family Law Bakhtiar, Bakhtiar
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 1 June (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i1.21021

Abstract

This article explores the concept of Mashlahah Najmuddin Ath Thufi as a legal reasoning for judges' decisions. The concept of Mashlahah Najmuddin Ath Thufi can be a solution for judges in deciding cases in court. The judges are required to build legal reasoning, who do not have strong legal reasoning can produce decisions that are considered Onvoldoende Gemotiveerd, namely decisions that are insufficient judgment. The question to be answered in this article is how is the construction of Mashlahah according to Najmuddin Ath Thufi in the legal reasoning of judges' decisions? What is the contribution of Najmuddin Ath Thufi's Mashlahah to the renewal of Islamic family law in Indonesia? The method of analysis uses qualitative, while the approach is normative. Data sources are obtained from books, law journals, court decisions and dictates. The results show that, Najmuddin ath Thufi's Mashlahah theory bases the constellation of Mashlahah on the superiority of human reason, based on the interpretation of the Prophet's hadith which reads la dharar wala dhirar. Mashlahah Najmuddin Ath Thufi as the basis of Legal Reasoning for judges' decisions focuses on rechtsvinding (law discovery) and creating new laws (rechtsschepping). Judges because of their position (ambtshalve), are not just the mouth or mouthpiece of the law (bouche de la loi), but become translators or givers of meaning (interpreters). Najmuddin ath Thufi's Mashlahah theory contributes to the reform of Islamic family law in Indonesia through court decisions.

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