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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : 28298373     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1 No 1 (2022): January-June, 2022" : 5 Documents clear
Legal Discourse on Contract Marriage in Indonesian and Islamic Law Izzat, Akrimatil; Mulki, Siti Afifah Ahmed
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56710

Abstract

Contract marriage, also known as temporary or mut’ah marriage, has garnered significant attention within both Indonesian civil law and Islamic legal frameworks. This paper examines the legal discourse surrounding contract marriage in Indonesia, juxtaposing it with principles derived from Islamic jurisprudence. Through a comprehensive analysis of legal texts, court cases, and scholarly opinions, this study explores the complexities and divergent interpretations surrounding the validity, implications, and societal perceptions of contract marriage in Indonesia. The paper begins by delineating the historical background and evolution of contract marriage within Indonesian society, tracing its roots in Islamic tradition and its assimilation into the legal framework of the nation. Subsequently, it delves into the multifaceted legal perspectives on contract marriage, scrutinizing debates regarding its legality, morality, and socio-cultural implications. Furthermore, this paper scrutinizes the judicial stance on contract marriage, examining landmark court cases and legal precedents that have shaped its legal status and societal reception. It also evaluates the role of religious authorities and their interpretations of Islamic law concerning contract marriage, shedding light on the discrepancies between legal theory and practical implementation. Moreover, the paper explores the socio-cultural ramifications of contract marriage within Indonesian society, analyzing its impact on gender dynamics, familial structures, and broader social norms. The study investigates the intersections of contract marriage with issues such as women's rights, marital stability, and religious identity, providing insights into the complex interplay between legal, religious, and socio-cultural factors.
Inter-Religious Marriage: A Controversial Issue in Indonesia
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56711

Abstract

Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.
Legal Protection for Tolerance and Freedom Among Religious People in Indonesia Akbar, Mar'ie Muhammad Falah
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56712

Abstract

Legal protection for tolerance and freedom among religious individuals in Indonesia is intricately linked to the country's foundational principles, particularly Pancasila, which emphasizes the divinity of the Almighty. Despite Indonesia's secular stance, it recognizes its religious identity, guaranteeing the rights of adherents of all faiths to practice their beliefs without discrimination or harm. This commitment to religious freedom is enshrined in the 1945 Constitution of the Republic of Indonesia, specifically in Articles 28E, 28J, and Article 29. These constitutional provisions serve as the cornerstone for safeguarding the rights of religious minorities and ensuring their legal protection within the Indonesian state. Moreover, legal protections extend to mitigate potential conflicts between religious freedom and the rights of others. According to the harm principle proposed by philosopher John Stuart Mill, limitations on religious freedoms are permissible when they impinge upon the rights and freedoms of others. This principle guides the Indonesian legal framework in balancing individual liberties with societal interests, promoting harmony and coexistence among diverse religious communities. Furthermore, the perspective advocated by human rights advocate Asma Jahangir underscores that restrictions on religious freedom primarily apply to the external forum, preserving individuals’ internal beliefs and practices. This nuanced understanding highlights the importance of respecting both individual autonomy and societal harmony within Indonesia's diverse religious landscape.
Analysis Protection of the Right to Freedom of Religion in Prohibition of Worship at Al Aqsa Mosque by Israeli Police to Palestinians: Insight from Indonesia Maryoga, Yuawanda Tri; el Fasha, Ibrahimi Yahya
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56713

Abstract

This study conducts an analysis of the protection of the right to freedom of religion amidst the prohibition of worship at the Al Aqsa Mosque by Israeli police targeting Palestinians. Amidst ongoing tensions in the region, particularly in Jerusalem, this research scrutinizes the legal frameworks and human rights implications surrounding the restrictions imposed on worship activities at one of Islam's holiest sites. Utilizing qualitative research methods, including legal analysis and examination of relevant international human rights instruments, this study aims to elucidate the complexities and challenges faced by Palestinians in exercising their religious freedoms. Through an exploration of primary and secondary data sources, including reports, legal documents, and testimonies, this research seeks to shed light on the socio-political context and legal justifications underpinning the actions of the Israeli authorities. Ultimately, this study contributes to the broader discourse on religious freedom and human rights violations in conflict-affected areas, highlighting the urgent need for international attention and intervention to safeguard the rights of Palestinians to worship freely at the Al Aqsa Mosque.
Participation of Judicial Decisions as The Form of The Implementation of Moral Values in Case Statement Based on Rechtvinding Activities and Negative Wetjlike Theorie Zikra, Ikhda; Minh, Cuong Lan
Contemporary Issues on Interfaith Law and Society Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.56714

Abstract

The judge is the spearhead as well as the parameter of justice test conducted by the justice seekers. One of them through decisions issued by the judge, many things that need to be considered and considered by the judge in deciding a case, especially because the justice is universal and the science of law which is a science that is multidisciplinary means not monotonous or only limited to eyeglasses or juridical point of view only but need to pay attention to other values ​​that live, grow, and develop in society both written and written. Article 16 and 28 of Law Number 4 Year 2004 as already amended into Law mandates that judges are prohibited from refusing cases that enter the Court under the pretext that the law does not regulate, it is unclear but is obliged to examine and decide upon the case. Then in article 28 explained that the judge must dig the values ​​that exist in society. This is to ensure a sense of justice for the community because the law is not what is contained in the law alone but also pay attention to other laws that are Living Law and Unwritten Law in the form of habits that exist in society, customs, or traditions is still acknowledged and lives, grows, and develops with the community based on the mandate of Pancasila and the Constitution of the Republic of Indonesia which is accommodated in Article 18 B Paragraph (2) that "the state recognizes and respects the unity of society as long as it exists within the community" in its legal considerations shall explore and include these values ​​for the implementation of social justice for all Indonesian people. So, the judge's conviction in deciding a case also greatly affects the content of the decision so as not to negate the existing morality as a unity of values ​​that live and grow in society. HLA Hart acknowledges that law and morals have a very close relationship, even Hart reveals that between law, justice and morality has a very close relationship, even one of the aspects of justice, namely administrative justice, in the law of the minimum nature of law and morality.

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