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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 73 Documents
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Marriage Dispensation from the Perspective of Child Protection and Family Maslahah Apriyanti; Eko Hidayat; Kartika
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/ja15j064

Abstract

This Marriage dispensation constitutes a legal instrument granted by the state as an exception to the statutory minimum age of marriage. In practice, however, its application continues to generate tensions between legal certainty, child protection, and the objective of establishing a family grounded in maslahah. This article aims to analyze marriage dispensation from the perspectives of child protection and family maslahah, positioning the best interest of the child as the primary guiding principle. The study employs a normative juridical method, using statutory and conceptual approaches through an examination of marriage legislation and child protection law. The findings indicate that marriage dispensation is frequently granted on the basis of short-term social and moral considerations, while insufficient attention is paid to the protection of children’s rights, psychological readiness, and the long-term implications for family resilience. From the perspective of maslahah, marriage dispensation should be directed toward preventing greater harm rather than generating new forms of vulnerability for children and families. This article emphasizes the need to strengthen judicial standards of assessment, enhance the involvement of psychologists and social workers, and promote preventive approaches through family and community education. When applied proportionately, marriage dispensation may function as a protective legal instrument rather than merely serving as a mechanism for legitimizing child marriage, thereby aligning with the objectives of child protection and the realization of a maslahah-oriented family.
Marriage Contracts via Video Call: A Comparative Analysis of the Fatwas of Nahdlatul Ulama’s Bahtsul Masa’il and Muhammadiyah’s Majelis Tarjih in Lampung Nur Edi, Relit; Susiadi; Ardian Nurhuda
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 1 June (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/4c5z6p41

Abstract

Marriage (akad nikah) as a mitsāqan ghalīẓan requires the fulfillment of specific pillars and conditions, one of which is ittihād al-majlis between ijāb and qabūl. A legal challenge arises when the classical concept of ittihād al-majlis is confronted with the reality of virtual spaces that eliminate physical boundaries while enabling simultaneous audio-visual interaction. This study aims to conduct a comparative analysis of the perspectives of the Lembaga Bahtsul Masail of Nahdlatul Ulama and the Majelis Tarjih of Muhammadiyah in Lampung Province regarding the legal validity of marriage contracts conducted through video call media. Employing a qualitative field research design with descriptive-analytical and comparative approaches, the data were collected through interviews with institutional representatives as well as document analysis of fatwas, classical and contemporary fiqh literature, and relevant marriage regulations. The findings indicate that the Lembaga Bahtsul Masail of Nahdlatul Ulama interprets ittihād al-majlis as requiring physical unity of place and emphasizes the principle of legal prudence, thereby considering online marriage contracts invalid unless conducted through a mechanism of representation (wakālah). In contrast, the Majelis Tarjih of Muhammadiyah conceptualizes ittihād al-majlis as temporal continuity and clarity of communication between ijāb and qabūl, thus regarding online marriage contracts as legally valid provided that all pillars and conditions of marriage are duly fulfilled. 
Beyond Privatized Obligation: Reconstructing State-Guaranteed Post-Divorce Child Support Protection in Indonesia Muhammad Helmi
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/smart.v5i1.31582

Abstract

This study examines the failure of the privatistic paradigm in Indonesian Islamic family law to secure post-divorce child maintenance. While existing scholarship has largely emphasized paternal responsibility and judicial recognition of maintenance duties, insufficient attention has been given to the institutional failure that prevents court decisions from becoming enforceable protection for children. Using normative legal research with statutory, conceptual, case, and comparative approaches, this article analyzes Indonesian legislation, Religious Court decisions, Supreme Court policies, and Malaysia’s more institutionalized child support enforcement model. The study finds that Indonesia’s current framework provides strong normative recognition but weak execution, leaving children’s economic rights dependent on voluntary paternal compliance and costly civil enforcement procedures. Its main contribution lies in proposing a state-guaranteed layered responsibility model that integrates private obligation, judicial supervision, automatic income withholding, digital payment monitoring, temporary public guarantee funds, and specialized administrative enforcement. The article recommends the development of practical child support enforcement policy within Indonesia’s Religious Court system
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.
Civil Law Protection for Consumers Against Contractual Default in Illegal Fintech-Based Online Lending Practices: Implications for Family Economic Resilience Risdiana; Mirza Amelia
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/smart.v5i1.31752

Abstract

Illegal online lending fintech has created civil law problems that extend beyond individual consumer losses and threaten family economic resilience. This article aims to analyze the construction of default and defective agreements in illegal online lending, examine civil legal protection for injured consumers, and formulate a protection model responsive to household vulnerability. This normative legal research employs statutory, conceptual, case-based, and limited comparative approaches. The data sources consist of primary legal materials, including the Civil Code, Consumer Protection Law, EIT Law, Personal Data Protection Law, OJK regulations, and DSN-MUI fatwa, supported by secondary materials from journals, books, and institutional reports. The analysis is guided by civil liability theory, consumer protection theory, personal data protection, family economic resilience, and Islamic fairness in muamalah. The findings show that illegal lending may involve default, defective consent, unfair clauses, unlawful acts, and personal data misuse. Policy reform should integrate civil remedies, data recovery, digital supervision, family financial literacy, and coordinated enforcement.
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.
Fulfillment of Family Maintenance by Minors Due to Parents with Prisoner Status from the Perspective of Islamic Family Law L.Man, Yovenska
SMART: Journal of Sharia, Traditon, and Modernity Vol. 6 No. 1 June (2026)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/0ab84v12

Abstract

The phenomenon of minors becoming family breadwinners due to their parents being imprisoned reflects a shift in family structure that affects children's rights and the implementation of maintenance obligations in Islamic Family Law. This study aims to analyze the causal factors, the impact on the fulfillment of children's rights, and the legal position of child breadwinners from the perspective of Islamic Family Law. The research employed a qualitative field research design using a socio-juridical approach. Data were analyzed through the perspectives of family resilience theory, role theory, and Maqāṣid al-Sharī’ah, applying data reduction, presentation, and conclusion-drawing techniques. The findings indicate that children's involvement in economic activities represents a family adaptation strategy to the loss of the primary breadwinner, yet it adversely affects their rights to education, protection, and development. From the perspective of Islamic Family Law, such circumstances do not transfer maintenance obligations to children but reaffirm the collective responsibility of families, communities, and the state. The study recommends strengthening family protection policies, economic empowerment programs, and social assistance to safeguard children's rights in vulnerable families. 
The Effectiveness of Implementing Premarital Hearings as a Preventive Model for Strengthening Family Resilience among Members of the Indonesian National Police from the Perspective of Maqāṣid al-Sharī’ah Asev Kurniawan; Muhammad Rusjana; Dwi Putri Melati; Muhammad Havez
SMART: Journal of Sharia, Traditon, and Modernity Vol. 6 No. 1 June (2026)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/nj6vnq70

Abstract

The increasing divorce rate among members of the Indonesian National Police indicates that compliance with marriage procedures has not fully strengthened family resilience. This study aims to analyze the implementation of premarital hearings within the Mobile Brigade Corps of the Lampung Regional Police, examine their conformity with Islamic law, and evaluate their effectiveness as a preventive model for strengthening family resilience. This research employed an empirical juridical approach using qualitative methods through observation, in-depth interviews, documentation, and normative analysis based on Asy-Shatibi's Maqāṣid al-Sharī’ah perspective. The findings reveal that premarital hearings function as an institutional development instrument integrating spiritual, psychological, organizational, and professional ethical dimensions, thereby serving not only administrative requirements but also enhancing couples' preparedness for the demands of police service. This study proposes the Integrated Organizational Premarital Development Model as its conceptual novelty. Strengthening the curriculum, improving facilitator competence, and providing post-marital assistance are recommended to enhance the sustainability and effectiveness of the program.
Maslahah-Based Institutional Mediation in Civil Servant Divorce: The Role of the Personnel Development Division at the Lampung High Prosecutor’s Office Saputra, Joni; Grafizha, Achmad Baqiy
SMART: Journal of Sharia, Traditon, and Modernity Vol. 6 No. 1 June (2026)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/89bq9w75

Abstract

The divorce process of State Civil Apparatus (ASN) at the Lampung High Prosecutor’s Office faces an institutional problem marked by administrative dominance, absence of a time limit for mediation, and lack of technical guidelines ensuring certainty, fairness, and psychological protection for the parties. This study aims to analyse how the Personnel Development Division resolves ASN divorce cases and formulate an effective, benefit-oriented development-mediation model. The theoretical framework is maslahah mursalah, which positions family integrity, employees’ private rights, procedural certainty, and institutional stability as core considerations. This research is empirical legal field research conducted at the Lampung High Prosecutor’s Office, supported by library research, using juridical-empirical and conceptual approaches. Data were obtained through observation of development practices, interviews with Division officers, documentation of regulations and procedural files, and literature on family and civil service law. The data were analysed qualitatively through reduction, thematic categorisation, interpretation, and assessment based on maslahah mursalah principles. The findings show that the Division plays a significant role in examining applications, summoning the parties, providing marital development, and facilitating mediation. However, this function remains suboptimal because mediation still depends heavily on the parties’ attendance and openness, lacks a clear time standard, and has not been handled by assigned competent mediators. The study recommends technical mediation procedures, institutional guidelines, a maximum thirty-day mediation period, certified mediators, and preventive programs such as marital counselling, education on spousal rights and obligations, and family communication training.

Page 7 of 8 | Total Record : 73

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