cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Is Susanto
Contact Email
issusanto@radenintan.ac.id
Phone
+6281279555711
Journal Mail Official
smart_submission@radenintan.ac.id
Editorial Address
Jl. Z. A. Pagar Alam Labuhan Ratu, Kedaton, Kota Bandar Lampung, Lampung
Location
Kota bandar lampung,
Lampung
INDONESIA
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 10 Documents
 1 
Search results for , issue "vol. 5 no. 2 december (2025)" : 10 Documents clear
Legal Reasoning Judges in Determining Marriage Dispensation and Its Implications for Children's Rights in Indonesia Aman; Gugun Gumilar
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.20014

Abstract

Law No. 16/2019 stipulates the minimum age for marriage at 19 years for both men and women, and the Supreme Court Regulation No. 5/2019 on Guidelines for Adjudicating Marriage Dispensation Applications aims to prevent the increase of child marriage in Indonesia. However, in the past three years, cases of marriage dispensation at the Bandung High Religious Court have surged, with 90% of cases from 2020-2022 being granted. This study aims to analyze the judges' legal reasoning in granting marriage dispensation applications and its implications for children's rights in Indonesia. The study employs a qualitative method, combining library research and field research with a statutory and case approach, conducted at the Bandung High Religious Court. The findings indicate that judges' legal reasoning serves as a bridge between written law and the social reality faced by parties in cases. There are three aspects of judges' consideration in granting marriage dispensation applications: fulfillment of formal requirements, pregnancy out of wedlock, and the child's psychological readiness. The implications include an increase in the number of children dropping out of school, high risk of maternal mortality, risk of stunting, economic implications, and an increase in divorce rates
Position of Husband and Wife, Gender Relations, and Legal Pluralism in Customary Marriage in Indonesia: A Study of Jujur and Semanda Marriages in Lampung Ami Rizki Purnawan; Faisal
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.27372

Abstract

This study examines the position of husband and wife, gender relations, and the practice of legal pluralism within jujur and semanda customary marriages among the Lampung community. The central problem addressed concerns the unequal social valuation of spouses across these two forms of customary marriage and its implications for gender relations. The study aims to analyze the legal and social positions of husbands and wives in jujur and semanda marriages, as well as community responses to the continued application of these customary practices. This research employs a qualitative method with a sociological approach. The analysis is grounded in social construction theory and gender relations within the framework of legal pluralism. Data were collected through interviews, observation, and documentation among the Lampung Pesisir customary community in Lampung Province. The findings indicate that semanda marriage is maintained to ensure the continuity of the wife’s family lineage and as an economic strategy; however, it remains socially perceived as less prestigious. Individuals with higher educational backgrounds tend to view semanda marriage as socially equivalent, whereas those with lower educational levels often regard it as undermining male status. This study recommends strengthening legal and social literacy to foster more egalitarian spousal relations within the context of legal pluralism.
Islāḥ and Restorative Justice in the Resolution of Domestic Violence Cases: A Normative Analysis of Victim Protection Vivi Purnamawati; Lina Rosmalina Aslami
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.27877

Abstract

Domestic violence is frequently addressed through reconciliation mechanisms, including restorative justice and the concept of iṣlāḥ, due to its occurrence within ongoing personal relationships. However, such approaches raise significant normative concerns, as they may undermine victim protection and perpetuate asymmetric power relations. This study aims to conduct a normative analysis of the integration of iṣlāḥ and restorative justice in the resolution of domestic violence cases, with particular emphasis on safeguarding victims’ rights. Employing a normative legal research method with conceptual and statutory approaches, this study examines Law No. 23 of 2004 on the Elimination of Domestic Violence, Supreme Court Regulations on restorative justice, and Islamic legal literature on iṣlāḥ. The analysis is framed by restorative justice theory, the concepts of maṣlaḥah and maqāṣid al-sharīʿah, as well as theories of the objectives of law. The findings indicate that although iṣlāḥ and restorative justice share a convergent orientation toward recovery, their application in domestic violence cases can only be justified when grounded in the principles of victim protection, genuinely voluntary consent free from coercion, and adequate institutional oversight as prerequisites for the legitimacy of reconciliation.
Mubadalah-Based Personality Development Programs for Inmates in Preventing Crime and Marital Dissolution in Lampung Correctional Institutions Muhammad Zuhri; Wahyu Abdul Jafar; Refly Setiawan; Anggalana
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.27942

Abstract

The The high levels of recidivism and marital dissolution among inmates’ families indicate that personality development programs within correctional institutions have not yet adequately supported social reintegration and family resilience. Accordingly, this study examines the effectiveness of inmate personality development programs in preventing recidivism and divorce, as well as their contribution to the development of family law grounded in the mubadalah perspective. This research constitutes a field study employing a qualitative approach conducted in three correctional institutions in Lampung Province. Data were collected through in-depth interviews, observation, and document analysis involving six key informants consisting of correctional officers and inmates. The data were analyzed through data reduction, thematic coding, and source triangulation, with mubadalah theory serving as the primary analytical framework. The findings indicate that religion-based personality development programs contribute positively to changes in inmates’ attitudes and moral awareness; however, they have not yet proven effective in significantly reducing recidivism (562 cases) and marital dissolution (21 cases). This study recommends strengthening reciprocity-based religious development programs, fostering collaboration with higher religious organizations, and integrating mubadalah values into correctional policies.
Reconstruction of Family Time–Based Visitation Services for Female Prisoners: An Analysis of Relational Justice in Correctional Institutions in Lampung Province Sri Rahayu; Agung Adiansyah; Bayu Suseno
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.27953

Abstract

The restriction of family visitation in correctional institutions has a significant impact on marital harmony among female prisoners and impedes their process of social reintegration. This study aims to analyze the implications of visitation service policies on the family relationships of female inmates and to formulate a model for reconstructing visitation services based on a just and equitable family time framework. This research employs a qualitative approach with an empirical juridical and multidisciplinary design, conducted in three female correctional institutions in Lampung Province. Data were collected through in-depth interviews with 42 female prisoners, analysis was carried out using theories of justice, legal psychology, and mubādalah (reciprocity-based Islamic legal reasoning). The findings indicate that 31% of female prisoners experienced marital disharmony that correlates with the limited duration of family visitation. Visitation policies that are predominantly formalistic and brief have not adequately fulfilled the emotional, psychological, and relational needs of female inmates, particularly those who hold dual roles as wives and mothers. This study recommends the reconstruction of visitation services through a structured family time program and contributes to the development of family law in Indonesia.
Husbands’ Resistance to Family Planning: A Mubādalah Study of Urban and Rural Muslim Families in Indonesia Indrawati Imron
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.28448

Abstract

This study examines husbands’ resistance to the Family Planning (Keluarga Berencana, KB) program and its implications for family well-being. It aims to analyze the underlying factors driving opposition to family planning and to assess their consequences for spousal relations and household welfare. Employing a qualitative approach, data were collected through in-depth interviews and participant observation involving ten primary informant husbands who opposed family planning in the cities of Bandar Lampung and Metro (urban contexts) as well as in Pesawaran and Pringsewu Regencies (rural contexts) and health practitioners. The mubādalah theory was employed as an analytical framework to evaluate reciprocity and gender justice in family decision-making processes. The findings indicate that resistance to family planning was shaped by religious beliefs, socio cultural norms, psychological factors and perceptions of masculinity, as well as economic and educational considerations. In urban settings, resistance tended to be driven primarily by economic calculations, social stigma, and concerns regarding contraceptive side effects. By contrast, in rural areas it was largely influenced by lower levels of education, limited access to health services, and traditional beliefs that regard having many children as a source of sustenance and blessing. Recommendations require strengthening gender-equity-based family planning education, active involvement of men, and health service policies.
Challenges in Marriage Document Verification and Their Implications for Marriage Validity: An Empirical Study of KUA Tambaksari, Surabaya Syaddad Azizi; Saiful Ibnu Hamzah; Salman Al Farisi
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.31597

Abstract

The circulation of forged marriage books demonstrates the weakness of the marriage administration verification system, which has resulted in legal uncertainty and the loss of protection of the civil rights of married couples and children. This study aims to analyze the problematics of marriage document verification at the Office of Religious Affairs (Kantor Urusan Agama/KUA) of Tambaksari District, Surabaya, as well as its legal implications for the validity of marriage and the protection of citizens’ rights. This study employs qualitative research with normative juridical and empirical approaches. Data were obtained through participant observation during internship activities, semi-structured interviews with KUA employees, and documentation studies concerning marriage-administration archives. Data analysis was conducted using the Miles and Huberman model through the stages of data reduction, data presentation, and conclusion drawing. The findings demonstrate that the implementation of document verification at KUA Tambaksari has not yet operated optimally due to the absence of standardized operational procedures, weak archival management, verification processes that continue to depend upon subjective visual examination, and the low level of coordination with law enforcement authorities. These conditions create uncertainty regarding the legal status of marriage and burden married couples with the obligation to pursue isbat nikah proceedings in order to obtain state recognition. This study recommends strengthening integrated digital-based verification policies, formulating SOPs for handling problematic documents, and improving interinstitutional coordination in order to ensure legal certainty and the protection of citizens’ civil rights.
Gender and Labor Law Reform in Indonesia: Challenges to the Protection of Women Workers in the Post-Omnibus Law Era Maesarani; L. ya Esty Pratiwi
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.31680

Abstract

This study analyzes post-Omnibus Law labor law reform in relation to the legal protection of women workers in Indonesia. The study is grounded in the gap between normative protection and the practical implementation of women workers’ rights within flexible employment relations. The objective of this study is to compare the regulation of women workers’ protection under Law Number 13 of 2003 and Law Number 6 of 2023, and to examine its juridical implications for job security, maternity rights, and gender justice. This study employs a normative legal method through a statute approach and a comparative approach, by analyzing statutory regulations, legal literature, and court decisions related to labor law. The findings indicate that labor reform continues to maintain the normative protection of women workers; however, the expansion of contract-based employment systems and outsourcing potentially weakens substantive protection, particularly for vulnerable women workers. This study underscores the need for gender-responsive labor policies, strengthened supervision, and effective law enforcement to ensure the sustainable protection of women workers. The findings further indicate that labor market flexibility in contemporary Indonesia tends to prioritize investment over the substantive protection of women workers.
Judicial Reasoning in the Sentencing of the Maba Sangaji Indigenous Community for Obstruction of Mineral and Coal Mining Activities: A Study of Decision Number 108/Pid.Sus/2025/Sos Muchammad Husein Rifai
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v5i2.31792

Abstract

Mining conflicts often place indigenous communities in a vulnerable position when objections to ecological degradation are criminalized as obstruction of lawful business activities. This article examines the judicial reasoning in Decision Number 108/Pid.Sus/2025/Sos, evaluates its consistency with Anti-SLAPP principles, indigenous peoples’ rights, and the right to a healthy environment, and formulates a more appropriate model of legal protection. This study applies normative-prescriptive legal research using statutory and case approaches. The data consist of primary legal materials, including mining, environmental, constitutional, and judicial instruments, PERMA Number 1 of 2023, Constitutional Court Decision Number 119/PUU-XXIII/2025, and secondary materials on mining governance, indigenous communities, environmental defenders, and ecological justice. The findings reveal that the court’s reasoning remained formalistic by emphasizing the interruption of PT Position’s operations, while insufficiently assessing ecological context, customary land, Sangaji River pollution, and public participation. The article recommends a judicial policy requiring Anti-SLAPP assessment in mining cases involving indigenous communities.
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 Alamsyah
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 2 December (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/mph9b942

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.

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 1 June (2026) Vol. 5 No. 2 December (2025) Vol. 5 No. 1 June (2025) Vol. 4 No. 2 December (2024) Vol. 4 No. 1 June (2024) Vol. 3 No. 2 December (2023) Vol. 3 No. 1 June (2023) Vol. 2 No. 2 December (2022) Vol. 2 No. 1 June (2022) Vol. 1 No. 2 December (2021) Vol. 1 No. 1 June (2021) More Issue