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Udin Latif
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Muadalah : Jurnal Hukum
Published by Institut Agama Islam Negeri Sorong
ISSN : -     EISSN : 28090047     DOI : https://doi.org/10.47945/muadalah.v2i1
Core Subject : Religion, Education, Social,
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Ilmiah Muadalah berfokus pada Hukum Islam, Hukum Keluarga, Muamalah (Hukum Ekonomi Islam), dan Hukum dan masyarakat dengan berbagai pendekatan normatif, filsafat, sejarah, sosiologi, antropologi, teologi, psikologi, ekonomi dan dimaksudkan untuk mengkomunikasikan penelitian asli dan isu terkini tentang subjek
Arjuna Subject : Ilmu Sosial - Hukum
Articles 53 Documents
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THE DOUBLE TRACK SYSTEM IN INDONESIAN CRIMINAL LAW: LEGAL RESPONSES TO CHILD SEXUAL ABUSE atika, nur; Wahyu
Muadalah : Jurnal Hukum Vol. 5 No. 1 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i1.2030

Abstract

Child sexual abuse constitutes a severe violation of human rights, causing multidimensional impacts—physically, psychologically, and socially. The rising number of such cases in Indonesia indicates that conventional sentencing systems have not been sufficiently effective in providing sustainable protection and deterrence. Therefore, Indonesia has adopted the double track system, a penal approach combining primary punishments such as imprisonment with additional measures like chemical castration, psychological rehabilitation, and the installation of electronic monitoring devices. This study aims to analyze the legal basis, effectiveness, and implementation challenges of the double track system in addressing child sexual crimes in Indonesia. Using a normative juridical method with a descriptive-analytical approach, the research draws on legal statutes, doctrinal studies, court rulings, and case analyses. The findings reveal that although regulatory frameworks exist, implementation still faces various obstacles, including inconsistencies in court decisions, resistance from medical professionals regarding chemical castration, and the limited availability of rehabilitation facilities. This study recommends the development of national technical guidelines, capacity building for law enforcement personnel, and harmonization between regulations and professional ethics to support a fair and effective implementation of the system.
FENOMENA PENGULANGAN KASUS KEKERASAN DALAM RUMAH TANGGA DI KELURAHAN PAL PUTIH KOTA SORONG Nisa, Az-zahra Latifatun; Kurniwati, Aisyah Hafidah
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1304

Abstract

Acts of domestic violence are human rights violations and are crimes against human dignity and a form of discrimination that must be eliminated. These acts of violence often occur with various factors such as men who are always in power in the household, factors of socioeconomic conditions between the two parties that are unequal, household conditions that are very closed and so on. One aspect of domestic violence that is of particular concern is the repetition of violence. Therefore, appropriate and effective preventive efforts and interventions are needed to overcome this problem. Preventive efforts can be done through education and socialization about the importance of healthy relationships and avoiding acts of domestic violence. Meanwhile, intervention can be done through strict law enforcement against perpetrators of violence and providing support to victims in order to get out of adverse situations and get physical and psychological recovery.
EFEKTIVITAS BIMBINGAN PRANIKAH DALAM MEWUJUDKAN KELUARGA SAKINAH OLEH KANTOR URUSAN AGAMA (KUA) MAYAMUK KABUPATEN SORONG Umrah, St; Kartika, Dewi
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1327

Abstract

The occurrence of marital conflict is often because the marriage is not in accordance with the expectations and goals of the couple who marry. This is due to several things, for example, the bride and groom do not understand the real purpose of marriage even though the marriage is based on mutual love. In order to build a peaceful family, pre-marital guidance is needed, which is an effort to provide assistance to couples in solving problems or information about marriage, which will be faced by prospective brides. The focus of the problem studied are: 1) how is the implementation of premarital guidance program in KUA Mayamuk Sorong Regency? 2) how is the effectiveness of premarital guidance in forming a sakinah family after marriage at KUA Mayamuk Sorong Regency? Based on the sakinah of the researcher's interviews with the three couples who have participated in premarital guidance and have been married, the data obtained has shown that some of these informants have met the benchmarks of a Sakinah family (sakinah i family). Sakinah i families are families that are built on a legal marriage and have been able to fulfill their spiritual and material needs minimally but still cannot fulfill their social psychological needs, such as educational needs, religious guidance and family, following religious social interactions with their environment.
ANALISIS KEDUDUKAN ANAK HASIL PERKAWINAN SIRRI DALAM PEMBAGIAN WARIS PERSPEKTIF HUKUM ISLAM DI PENGADILAN AGAMA SORONG Izza, Nurull; Hujriman
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1340

Abstract

This research discusses the analysis of the position of children resulting from unregistered marriages in the division of inheritance from an Islamic legal perspective at the Sorong Religious Court. The aim of this research is to analyze the position of children resulting from unregistered marriages and analyze the form of determining inheritance for children resulting from unregistered marriages from an Islamic legal perspective at the Sorong Religious Court. This type of research is field research. Data collection methods through literature studies and interviews. Data analysis takes the form of qualitative descriptive analysis through a process of data reduction, data presentation, and conclusions or verification. The results of this research are: 1. The position of children resulting from unregistered marriages only has a civil relationship with the mother and her mother's family. However, children resulting from unregistered marriages can have a civil relationship with their father if it can be proven. 2. For children resulting from an unregistered marriage to receive inheritance from their parents, their parents' marriage must first be ratified. Once proven, the child can receive his share of inheritance as legitimate children in general.
ANALISIS PUTUSAN PENGADILAN NEGERI SORONG DALAM PERKARA TINDAK PIDANA PENISTAAN AGAMA MELALUI MEDIA SOSIAL: Studi Putusan Nomor 122/Pid Sus/2020/PN.Son Aisyah, Pinasti
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1343

Abstract

This research aims to determine the basic legal considerations of District Court Judges. Sorong Number 122/Pid.Sus/PN. Children in criminal cases of religious blasphemy through social media and the application of positive law to PN decisions. Sorong Number 122/Pid.Sus/2020/PN. Children in criminal cases of religious blasphemy via social media. The research used uses a Normative Juridical Approach. The types of data used are primary data and secondary data, namely data obtained through observation, interviews, literature study and documentation techniques. In analyzing data writing using qualitative descriptive analysis. The results of the research show that (1) Analysis of the Sorong District Court's Decision in the Case of the Crime of Blasphemy via Social Media (Decision Study Number 122/Pid.Sus/2020/PN.Son), that the Sorong District Court's Decision, in this case the Judge decided on the case not yet objective in seeing various points of view. so that the punishment for retaliation is completely irrelevant in its application. Legislation as a legal product is capable of being taken into consideration by judges in deciding a case, in accordance with the applicable laws and regulations in order to achieve legal certainty, benefit and provide the value of justice therein. In implementing positive law against PN decisions. Sorong Number 122/Pid.Sus/2020/PN. Son, in the case of the criminal act of blasphemy through social media, it was not appropriate for the judge to hand down a criminal decision against the defendant, based on the Criminal Code, the prison sentence in this case was 6 years, in the implementation of the law, he was only sentenced to 4 months, this is not relevant so that the public can judge that the consideration discriminatory judges and unfair disparities (differences in sentences). In the application of criminal justice, it must be in accordance with applicable laws and regulations, so that other people become wise in carrying out actions, so that they do not cause problems for themselves and others by expressing themselves to violate the law which triggers problems that can solve a religious group. certain people, who should respect and respect each other in their religious identity and the way they carry out their worship.
TINJAUAN KRITIS TERHADAP UNDANG-UNDANG NOMOR 8 TAHUN 2019 TENTANG PENYELENGGARAAN IBADAH HAJI DAN UMRAH OLEH KEMENAG KABUPATEN SORONG Latif, Udin; Hidayat, M. Akbar
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1426

Abstract

The implementation of the pilgrimage has an important role for all Muslims around the world. Hajj completes the other 4 worships in the pillars of Islam. The implementation of the pilgrimage requires knowledge, guidance and direction from people who are experienced in the field of Hajj. The implementation of the pilgrimage carried out by the Ministry of Religion of the Republic of Indonesia can be an additional reference for prospective Hajj participants. The results of the study show that the implementation of the pilgrimage carried out by the Ministry of Religion of Sorong Regency is in accordance with the mandate of Law No. 8 of 2019 plus regulations from the Minister of Religion and also based on Islamic Shari'a guided by the Qur'an and the Sunnah of the Prophet Muhammad SAW. Increase knowledge to prospective pilgrims about the implementation of the pilgrimage and other knowledge and insights. Together with the Ministry of Religion, Sorong Regency, the success of the Hajj pilgrimage in Sorong Regency.
PERAN KUA DALAM BIMBINGAN KURSUS CALON PENGANTIN (SUSCATIN) DI KANTOR URUSAN AGAMA (KUA) DISTRIK SORONG KOTA Arum, Muhamad Yumaizar; Suharmoko
Muadalah : Jurnal Hukum Vol. 4 No. 1 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i1.1441

Abstract

Islam has complete rules regarding marriage and family. Everyone who gets married needs to comply with these rules to ensure that the household that is fostered is always harmonious and peaceful and receives the grace of Allah. Islam itself has the concept of premarital guidance aimed at young men who are about to get married. The bride-to-be course (Suscatin) is one way to provide knowledge, understanding and skills to the bride-to-be about married or family life. Basically, suscatin is an effort made in the formation of a household so that the bride-to-be is able to apply psychological provisions and skills in dealing with household problems. In this research, one of the theories, namely Shertzer and Stone, guidance is a process of assistance shown to individuals to recognize themselves and their world. This is an implementation of the Decree of the Minister of Religion Number 517 of 2001, concerning the Organizational Arrangement of KUA District/District. (KUA) Sorong Kota District before the implementation of the marriage contract for the two brides must provide premarital guidance so that the bride and groom understand the purpose and purpose of the marriage. So that later or after becoming husband and wife, they know the rights and obligations of husband and wife.
ANALISIS PENERAPAN SERTIFIKAT ELEKTRONIK DI KANTOR PERTANAHAN KABUPATEN SORONG Rahayu, Dini; hujriman
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.1977

Abstract

The implementation of electronic certificates is part of the effort to digitize the land administration system to improve efficiency, security, and transparency in land rights management. This study aims to analyze the implementation of electronic certificates at the Sorong Regency Land Office and the obstacles encountered. The methods used were observation and interviews. The results of this study indicate that the main obstacles in implementing this system include mismatches in owner data between ID cards (KTP) and analog certificates, as well as the relatively time-consuming validation process for land books and measurement letters. Nevertheless, electronic certificates provide benefits such as increased service efficiency, improved data security, and improved land transactions. To optimize their implementation, accelerated digitalization, simplified procedures, increased outreach, and strengthened regulations are needed. With these steps, the electronic certificate system can become a modern solution for land administration in Indonesia.
PENDIDIKAN ANAK DALAM PANDANGAN HADIS NABI: RELEVANSINYA TERHADAP KONSEP HUKUM KELUARGA ISLAM : the Concept of Islamic Family Law Muchtar, Zulayka; Amin , Muhammadiyah; Hafid , Erwin; Marwing, Anita
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.2050

Abstract

This study aims to examine the hadiths of the Prophet Muhammad (peace be upon him) relating to child education within the family and to examine their relevance to the concept of Islamic family law. Through a thematic approach to authentic hadiths, this study outlines parents' responsibilities in instilling religious values, morals, and character formation in children from an early age. The results of the study indicate that child education is an integral part of parental obligations recognized in Islamic family law, not only as a moral responsibility but also as a legal obligation. The Prophet's hadiths provide a strong foundation for establishing an educational system within Muslim families, while emphasizing the importance of parents' active and consistent role in fostering their children's spiritual and social development. This study recommends strengthening parents' religious understanding as a basis for fulfilling their obligation to educate children within the context of Islamic family law.
PERTENTANGAN KOMPILASI HUKUM ISLAM DENGAN PUTUSAN MA TENTANG WARIS BEDA AGAMA: STUDI KASUS No. 331 K/Ag/2018 Firly, Firly Diana Putri; Ahmad Mas’ari; Adikza Nurul Islam; Yuni Harlina
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.2207

Abstract

This study examines Supreme Court (SC) Decision No. 331/K/Ag/2018, which granted inheritance via a mandatory bequest to the non-Muslim husband of a deceased Muslim wife, contrasting with Islamic law requirements stipulating Muslim heirs. It analyzes the judges' rationale and provides an Islamic legal review of the decision. Employing descriptive qualitative library research, primary sources included the SC decision and the Compilation of Islamic Law (KHI), supplemented by secondary legal materials like books and journals. Data was gathered through relevant literature and analyzed using content analysis. Findings reveal: (1) The SC justified its ruling based on the harmonious and affectionate relationship between the wife (heir) and husband (decedent) during their marriage. (2) From an Islamic legal perspective, the decision to award a mandatory bequest to the non-Muslim husband is deemed inappropriate. The KHI and prevailing Islamic jurisprudence explicitly require Muslim faith for inheritance rights, and the mandatory bequest mechanism is not intended to circumvent this religious prohibition for non-Muslim heirs. The study concludes the SC decision conflicts with established Islamic inheritance principles.

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