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Fatin Hamamah
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focus@library-untagcirebon.ac.id
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Fakultas Hukum UNTAG Cirebon Jl. Perjuangan No.17, Karyamulya, Kec. Kesambi, Kota Cirebon, Jawa Barat 45131
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INDONESIA
Focus: Jurnal of Law
Published by Universitas 17 Agustus 1945 Cirebon
ISSN : -     EISSN : 27745783     DOI : https://doi.org/10.47685/focus
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
FOCUS: Jurnal of Law merupakan Jurnal media komunikasi dan publikasi ilmiah diterbitkan dua kali setahun oleh Fakultas Hukum Universitas 17 Agustus 1945 Cirebon, menerima artikel hasil penelitian di bidang hukum diantaranya: Teori Hukum, Hukum Perdata, Hukum Administrasi, Hukum Indonesia, Hukum Filsafat, Hukum Tata Negara, Hukum Pidana, Hukum Internasional, Hukum Agama, Filsafat Hukum dan lain-lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 2 Documents
 1 
Search results for , issue "Vol 5 No 2 (2024): Focus: October Edition" : 2 Documents clear
EDUCATION REGULATION FOR EQUALITY: ADDRESSING THE GAP BETWEEN PUBLIC AND PRIVATE SCHOOLS IN INDONESIA Tobondo, Yuyun Alfasius
FOCUS: Jurnal of Law Vol 5 No 2 (2024): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i2.633

Abstract

Inequality between public and private schools in Indonesia's education system is still a complex problem. Differences in regulation, funding, accessibility, and quality of education lead to significant gaps between the two types of schools. This study aims to evaluate the extent to which applied educational policies can support educational equality. The research method used is a qualitative approach with policy analysis and an in-depth literature review. The results of the study show that zoning policies, distribution of subsidies, and the management of education funding have not been fully effective in reducing inequality. Instead, some policies exacerbate disparities in access and quality of education. Key challenges in policy implementation include a lack of regulatory flexibility, imbalances in resource allocation, and differences in managerial capacity between public and private schools. Therefore, a more inclusive and needs-based policy strategy is needed to create a fairer education system. A thorough evaluation of education policy should be carried out to ensure equality of access and quality for all learners in Indonesia.
IJTIHAD OF THE JUDGE IN DETERMINING THE HADHANAH OF A CHILD WHO HAS NOT BEEN MUMAYIZ TO THE BIOLOGICAL FATHER Albab, Muhamad Ulil
FOCUS: Jurnal of Law Vol 5 No 2 (2024): Focus: October Edition
Publisher : Faculty of Law Universitas 17 Augustus 1945 Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47685/focus.v5i2.746

Abstract

This study examines the juridical reasons behind a judge’s decision to grant child custody (hadhanah) to the biological father, despite the child not reaching the age of maturity, deviating from Article 105 letter (a) of the Compilation of Islamic Law. Using normative legal research methods, the study analyzes laws, court rulings, and legal concepts. The findings show that the judge’s primary considerations were the best interest of the child and maslahah mursalah, factoring in parental conflicts, mediation agreements, and the child’s stable environment. This ruling can be justified philosophically based on maqashid al-shari’ah and aligns with the Child Protection Law. However, it raises issues of gender equality and the child’s need for a maternal attachment figure. The decision reflects a shift in Indonesian Islamic family law toward stronger child protection, but it requires strengthening post-verdict supervision mechanisms to ensure its effective implementation and address potential complexities in child custody cases

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