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Muhammad Husni Abdulah Pakarti
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Mawaddah: Jurnal Hukum Keluarga Islam
Published by Universitas Muhammadiyah Bandung
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. Waqf 7. Grant 8. Falak Science 9. Islam and Gender 10. Current Issues in Family Law 11. Islamic Law 12. Civil Law 13. Criminal Law 14. Customary Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 2 No 2 (2024): November" : 7 Documents clear
The Problem of Domestic Violence in Indonesia and Efforts to Overcome It Yanti, Hesti Juli; Nasrulloh, Adang Muhamad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.32

Abstract

Domestic violence is an act that can cause pain to the victim, domestic violence can be carried out by one family member against another family member, but often the victim feels afraid and does not report this because they are afraid of the perpetrator of the violence. . Therefore, this research aims to examine what factors encourage domestic violence, its psychological impact and how to overcome it. This research method uses qualitative research which emphasizes understanding problems in life. This research was carried out by means of a literature study. The results obtained in this research are that basically the biggest factor that causes domestic violence is from the internal and external environment or from the family itself, while dealing with domestic violence can be done as stated in Law Number 23 of 2004 concerning the Elimination of Domestic violence.
Gender Roles And The Redefinition Of Family Law: Toward A Modern Family With Justice Judijanto, Loso; Sistyawan, Dwanda Julisa; Kariyasa, I Made; Amiruddin; Abdulah Pakarti, Muhammad Husni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.37

Abstract

Gender roles in society have undergone significant changes in recent decades. Social transformation, economic progress, and the increasingly championed gender equality have influenced the dynamics of family law. This research aims to analyze gender roles and the redefinition of family law: towards a modern family with justice. This research uses a qualitative approach with the method of literature study and lawyer analysis. Literature study, collecting data from various written sources, such as books, scientific journals, news articles, and official documents. And discourse analysis, analyzing legal texts, regulations, and mass media. Data analysis uses thematic analysis to identify themes in the data. As well as using interpretative analysis to understand the meaning of the data and produce new findings. The results showed that gender roles are still very strong in Indonesian families, with an unfair division of labor between men and women. This causes women to experience a double burden and injustice in the family. Family law in Indonesia also still contains many elements of discrimination against women, such as in terms of marriage, divorce, and inheritance. Causing women not to get their full rights in the family. To realize a modern family with justice, a redefinition of gender roles and family law is needed. Redefinition of gender roles needs to be done by changing the mindset and behavior of the community about the roles of men and women in the family. Redefinition of family law needs to be done by changing laws and regulations that discriminate against women.
Inheritance Rights Of Unmarried Children In Indonesian Civil Law: A Normative And Comparative Study Mayangsari, Nur; Watofa, Yohana; Sassan, Jonhi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.44

Abstract

Amidst the increasing trend of pre-marital relationships and infidelity in Indonesia, The number of children born outside of marriage has also risen. However, ironically, these children are often marginalized by social stigma and discrimination, and experience uncertainty about their legal rights, including inheritance rights. This study examines the normative and comparative aspects of the inheritance rights of children born out of wedlock in Indonesian civil law. Rights of inheritance of children born out of wedlock are restricted to the estates of their mother and the mother's family, according to Indonesian legal tradition, as laid out in the Civil Code (KUHPerdata). But with the Constitutional Court's ruling No. 46/PUU-XIV/2017, which expanded their right to inherit from their biological father under some circumstances, a breath of fresh air arrived. Using a qualitative normative and comparative approach, this study examines the Constitutional Court's ruling, the Civil Code, and the Collection of Islamic Law (KHI).  A comparison of the inheritance rights of out-of-wedlock children in Indonesia with other countries is also conducted. The research findings show that although extramarital children were initially excluded from their father's inheritance, they are now recognized as having such rights under certain conditions. However, the implementation of this decision is still hindered by social stigma and lack of public awareness. To ensure efficient execution and handle ongoing socioeconomic difficulties, Indonesia's inheritance rights for children born out of wedlock are a complex and dynamic matter that requires ongoing work.
Consumer Protection Law In Electronic Transactions: Between Rights And Obligations In The Digital Era Widia, Windi Pangestu; Sakmaf, Marius S.; Jumiran; Husain
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.45

Abstract

The digital age has given birth to electronic transactions (e-commerce) that offer convenience, speed, and broad access. However, it also opens up potential risks for consumers, such as fraud, data theft, and other violations of consumer rights. This research analyses laws and regulations, government regulations, legal theories, and expert opinions to discuss efforts to improve the effectiveness of consumer legal protection in electronic transactions. This research reveals findings related to consumer protection in electronic transactions contained in Law Number 8 Year 1999 on Consumer Protection and other laws and regulations. Consumers have the right to obtain information that is not misrepresented and covers all aspects, choose the product or service they want, get a fair price, guarantee the quality of the product or service, compensation for losses, and protection of personal data. Efforts to improve the effectiveness of consumer legal protection in electronic transactions require continuous updating and refinement of regulations, improving consumer digital literacy, socialising applicable regulations, increasing the capacity of law enforcement officials, facilitating consumer access to report violations, implementing more specific regulations for e-commerce, building an effective complaint system, and utilising technology for supervision and educationtechnology for monitoring and education.
Marital Bonds And Joint Property Cases: Implications For The Protection Of Spousal Rights Vicario, Sanchez; Wamafma, Filep; Papare, Meiora Ariella
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.48

Abstract

The main issues raised are how a marital agreement that regulates the separation of property can protect husband and wife's ownership rights over inherited property and how justice is applied in different financial contributions to joint property in civil law. This research aims to explore marital agreements and joint property arrangements and their implications for the protection of husband and wife's rights. This research uses a qualitative method with a normative legal approach to examine the norms of marital engagement and joint property, and their implications for the rights of husband and wife. Data were obtained from regulations, books, documents, and journals, analyzed descriptively to provide a comprehensive picture. The findings show that a marital agreement that regulates the separation of property can provide significant protection to husband and wife's ownership rights over their inherited property, prevent potential conflicts, and ensure better financial management. In addition, fairness in different financial contributions is recognized as important for maintaining balance and harmony in marriage, by recognizing the value of non-financial contributions such as housework and childcare.
Judges' Reasoning in Vasectomy-Induced Divorce Cases Ranun, Adim; Eva, Yusnita
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.64

Abstract

Vasectomy or vas ligation is a male contraceptive method that involves cutting and ligating the right and left vas deferens to prevent the release of sperm during ejaculation. Vasectomy family planning also aims to change people's thinking about the value and number of children. This research method is library research, where books, journals, laws, and other scientific works relevant to the writing are used as references. The approach used in this research is a historical approach, which is carried out by examining the background and historical development of the legal issues at hand. The focus of this research is the judge's consideration of divorce cases triggered by vasectomy, as happened in the decision of the Simalungun Religious Court Number 266/Pdt.G/2013/PA.Sim. In the verdict, a dispute between husband and wife triggered by a vasectomy is recognized as a valid basis for granting permission for divorce. This reflects the importance of proper education and socialization regarding vasectomy that is not communicated can have an impact on the marriage, making the wife feel that she does not get satisfaction, enjoyment during sexual activity and the impact, among others, not having offspring. If a divorce occurs after a vasectomy, and then remarries, the subsequent marriage will have an impact on the couple who want offspring.
The Effect of Digital Technology on Criminal Law Enforcement: An Analysis of Cybercrime and Its Handling Eka Setiyawan, Novan; Karauwan, Donny Eddy Sam; Jumiran; Ghafar, Abidah Abdul
Mawaddah: Jurnal Hukum Keluarga Islam Vol 2 No 2 (2024): November
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v2i2.169

Abstract

This research aims to identify the impact of digital technology development on criminal law enforcement, especially in the context of cybercrime. The research uses a normative juridical method with a literature analysis approach (library research), which includes a review of laws and regulations, court decisions, and case studies related to cybercrime. The results show that digital technology has facilitated significant changes in the modus operandi of cybercrime, ranging from phishing to attacks using artificial intelligence (AI) and cryptocurrency, which complicates law enforcement. The contribution of this research is to offer strategies for improving legal responses to cybercrime, including strengthening international cooperation, enhancing the technological capacity of law enforcement, and updating regulations. The novelty of this research lies in emphasising the importance of technological adaptation in law enforcement, especially in the face of the increasingly complex and global modus operandi of cybercrime.

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