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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 62 Documents
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Women's Agency in Resolving Religious Conflict in Indonesia: A Gender-Based Literature Review Haryani, Elma; Saputro, M. Endy
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/xeg3b797

Abstract

Religious social conflicts in Indonesia routinely expose women to multiple physical, economic and symbolic harms, yet policies and studies still frame them primarily as passive victims. This article asks how, why and to what extent women contribute to resolving these conflicts. This research is based on feminist conflict theory and the women, peace and security agenda, a literature review research type with qualitative methods following the PRISMA protocol. The results found three dominant conflict patterns emerged, namely sectarian, communal and identity-political. Women responded through four overlapping strategies: community mediation, interfaith dialogue, trauma healing circles and livelihood cooperatives, which collectively shortened hostilities by about a quarter and increased household income resilience by almost a third and only 18 percent of the policies reviewed explicitly supported these initiatives. The conclusion that the recognition of women as peace actors strengthens the sustainability of agreements and social recovery, and recommends the institutionalization of gender quotas, special funding and legal protection within the framework of religious moderation and RAN-P3AKS in Indonesia.
Application for the Rights of Children from Siri Marriages at the Religious Court of Lampung Province and its Implications for Legal Certainty Rona Ayu Edithya Margareth; Muhammad Ismail Alfaruqy
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/y5r6xy63

Abstract

This article analyzes the legal certainty of the results of the ruling of the Lampung Province Religious Court in the case of the application for the rights of children from unregistered marriages after the Constitutional Court's ruling. The Constitutional Court's ruling nevertheless leaves problems in its implementation. The purpose of this article is to analyzeapplication for the rights of children from unregistered marriages following the Constitutional Court's decisionat the Lampung Provincial Religious Court and its implications for legal certainty for children. The method used is qualitative; empirical normative analysis approach, analysis with maslahah theory; data sources are obtained from the results of the determination of judges of three Religious Courts of Lampung Province. The results of the study show that the application for the rights of children from unregistered marriages was granted by the judge. The judge's legal ijtihad is in accordance with Islamic principles, namely for the benefit of the child (maqasyid as-syari’ah). The legal basis used in the jurisprudence of the Constitutional Court's decision Number 46/PUU-VII/2010. The implications of the determination of the three Religious Courts of Lampung Province provide legal certainty for children resulting from unregistered marriages, through the mechanism Isbat nikah.
Acculturation of Islamic Teachings and Local Customs: A Sociological Study on the Nyadran Tradition in Java Azzahra, Fatimah; Maulidia Mulyani; Anish Binarsae
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/f16gp058

Abstract

This article examines the acculturation of Islamic teachings and local customs through a sociological study of the Nyadran tradition in Central Java. The study explores how Islamic values are integrated into local practices while preserving both traditions. It aims to explain how Nyadran functions as a medium for maintaining social harmony, preserving cultural identity, and embedding Islamic values within Javanese customs. This research uses a qualitative method with a literature review approach, analyzing books, journals, and previous studies on religious and cultural acculturation. The theoretical framework draws on sociological perspectives such as structural functionalism, symbolic interactionism, and the sociology of religion. Findings show that Nyadran, originally a form of ancestral veneration, has transformed through Islamic influence into a syncretic tradition involving communal prayers, grave visits, and social gatherings. These activities embody Islamic values like ibadah, muamalah, and birrul walidain. Sociologically, Nyadran serves as a social institution that strengthens religio-cultural identity, fosters social cohesion, and ensures the intergenerational transmission of religious and moral values within a pluralistic society. This study contributes to the discourse on religious acculturation and Islam Nusantara. Keywords: Acculturation; Nyadran; Islamic Teachings; Sociology
Divorce of Early Marriage Mouples in Rantauprapat Religious Court Rozali, M.; Dahris Siregar; Ritonga, Muhammad Ifdarsyam
SMART: Journal of Sharia, Traditon, and Modernity Vol. 5 No. 1 June (2025)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/wk3tv460

Abstract

This article analysis the divorce case for teenage couples, the divorce process was carried out at the Religious Court of Rantauprapat City, North Sumatra. This article aims to analyze what are the factors of divorce for teenage couples and how is the process at the Rantauprapat Religious Court? The method used is qualitative to analyze the case, the case study research approach, the type of field research, data collection techniques through observation, interviews and documentation tracing. The research findings show that the factors of underage marriage in Rantauprapat are due to the economy, socio-cultural community and descent. While the reasons for divorce are because the teenage couple is not mature enough, lack of sense of responsibility, unfulfilled family income, neglected wife and children, husbands commit violence and cheating, this has an impact on household disharmony. Divorce for teenage couples is carried out by filing a lawsuit with the Rantauprapat Religious Court, the legal basis that is considered by the judge and the procedure has been in accordance with the applicable material and formal laws.
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/kjf38b90

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
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/hnkn7654

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/npahd149

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/z7gh0z18

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/h6bp7621

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/pjmpd151

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.

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