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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 55 Documents
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Reconstruction of Prisoners' Rights and Its Contribution to Family Law Reform in Indonesia (Study in Lampung Province Correctional Institution Welli, Welli
SMART: Journal of Sharia, Traditon, and Modernity Vol. 4 No. 2 December (2024)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v4i2.20020

Abstract

This research discusses the challenges faced by prisoners in the divorce process in Indonesia, especially in relation to their civil rights. The purpose of this study is to examine the implementation of divorce law for prisoners, as well as identify shortcomings in the fulfillment of these rights. This research uses a juridical and philosophical approach with field research methods, including interviews with relevant parties in correctional institutions and analysis of divorce data in religious courts. The findings show that many inmates are unable to attend divorce hearings, which reduces their opportunity to defend their rights and that the provision of children's education rights in LPKA has not been effective. Based on these findings, it is suggested that there should be a policy reconstruction that allows prisoners to be present in divorce proceedings, either in person or through communication technology, as well as standardizing the provision of educational rights for children of prisoners in LPKA. This research provides recommendations for family law reform in Indonesia that are more inclusive and equitable.Keywords: Reconstruction of Prisoners' Rights, LAPAS and LPKA Lampung, Family Law Reform
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
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.

Page 4 of 6 | Total Record : 55

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