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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 75 Documents
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Marriage Restrictions among Election Organizers: Reconstructing Legal Justifications through Constitutional Rights, Maslahah Mursalah, and Institutional Integrity Julian, Kukuh
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: 10.24042/77gma946

Abstract

The prohibition of marriage between election organizers within the General Elections Commission (KPU) and the Election Supervisory Agency (Bawaslu) has generated debate because it intersects with the constitutional right to form a family and the need to safeguard the institutional integrity of elections. This study analyzes the normative basis, legal justification, and relevance of this policy from the perspectives of positive law and maslahah mursalah. This research employs an empirical-juridical method with a qualitative approach through literature review, documentation, and in-depth interviews with election organizers in Lampung Province. The data were analyzed using the theories of maslahah mursalah, electoral integrity, and the principle of conflict of interest. The findings indicate that the prohibition of marriage may obtain legitimacy as an instrument for preventing conflicts of interest when implemented proportionally, without eliminating the substance of constitutional rights, and when directed toward protecting the public interest, the integrity of election organizers, and public trust in election results. This study recommends improving conflict-of-interest regulations through ethical governance, ethical oversight, and clearer limitations on public office in order to maintain a fair and proportional balance between individual rights and democratic interests.
Maslahah-Based Institutional Mediation in Civil Servant Divorce: The Role of the Personnel Development Division at the Lampung High Prosecutor’s Office Yayan Indriana
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/y4y9qf55

Abstract

The core problem of this study is weak protection of child victims of sexual violence when the perpetrator is the holder of parental authority or guardianship, requiring state intervention through the State Attorney. This study aims to analyze the authority, legal considerations, and practice of the State Attorney in revoking guardianship rights of child victims of sexual violence in Lampung Province. The theoretical framework combines maslahah mursalah and law as a tool for social engineering to examine child protection as public benefit and as an instrument of social transformation. This research uses a qualitative approach with field research supported by library research. Primary data were obtained through interviews with State Attorneys, observation, documentation, and three Religious Court decisions: Decision Number 312/Pdt.G/2023/PA.Prw, 593/Pdt.G/2024/PA.Gdt, and 411/Pdt.G/2024/PA.Kr. Secondary data were collected from legislation, Islamic family law literature, child protection law, and scholarly articles. The findings show that the State Attorney has legal standing to petition for revocation of guardianship in the best interests of the child. Judges considered criminal facts, psychological trauma, the biological father’s unfitness as guardian, legal norms, and the principle of public benefit. The three decisions revoked the perpetrators’ parental authority and appointed the biological mothers as substitute guardians. This study recommends inter-institutional technical guidelines, strengthening State Attorney capacity, and continuing psychosocial assistance so court decisions ensure recovery, safe care, and prevention of repeated violence.
Reformulating Child Custody Determination in Indonesian Islamic Family Law: Realizing the Best Interests of the Child Principle Age Surya Dwipa Chandra; Mohamad Aniq Aiman Alias
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/kf1xc354

Abstract

Child custody (ḥaḍānah) determination in Indonesian Islamic family law remains predominantly parent-oriented and has not consistently incorporated the best interests of the child as the primary legal consideration. This challenge is exacerbated by the practice of Religious Courts issuing divorce judgments without explicitly determining child custody when no specific claim is submitted, thereby creating legal uncertainty and weakening the protection of children's rights. This study aims to reformulate the legal framework governing child custody determination within Indonesian Islamic family law to align it with the best interests of the child principle. The research employs a normative juridical method using statutory, conceptual, and analytical approaches to examine legislation, the Compilation of Islamic Law, the Convention on the Rights of the Child, General Comment No. 14 (2013), and relevant legal scholarship. Data were analyzed qualitatively through the perspective of maqāṣid al-sharī‘ah. The findings reveal that the current legal framework remains formalistic, inadequately adopts a child-centered approach, and does not impose an explicit obligation on judges to determine child custody in every divorce judgment. This study proposes a legal reform by positioning child custody determination as an ex officio judicial obligation grounded in the best interests of the child principle and the objectives of maqāṣid al-sharī‘ah. The proposed reform provides a normative foundation for strengthening legal certainty, enhancing children's rights protection, and promoting greater consistency in the adjudication of child custody cases within Indonesia's Islamic family law system.
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.
Najmuddin Ath Thufi Mashlahah as Legal Reasoning for Judges' Decisions and Its Contribution to the Reform of Indonesian Islamic Family Law Alamsyah
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/h79zda80

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.

Page 8 of 8 | Total Record : 75

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