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Contemporary Issues on Interfaith Law and Society
ISSN : -     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online 2829-8624] is an open-access double blind peer-reviewed journal published by the Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri Semarang, Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 36 Documents
Ownership Status of Implementation of Assets in Mixed Marriages Rohman, Bintang Nur; Mukhoyyaroh, Vina Durrotul; Arifin, Adelia Arnanda
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 2: Marriage, Morality, and Legal Pluralism in Muslim Societies
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.31379

Abstract

The division of assets is often the main problem in divorce cases. It's like a treasure trove that becomes a problem for both parties. This article discusses the status of ownership of fixed objects on the division of assets in mixed marriages. By using research that is qualitative in nature and sourced from the law as a primary source and research results as a secondary source of law. The author describes the findings and discussion in this article. Which marriage can also result in the complete absence of gono gini property but the husband's property remains the husband's property and the wife's property also remains the wife's property. The division of assets by types of fixed objects in arbitrary assets is also one of the main issues that becomes a problem.
Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia Saputri, Atha Difa; Julianto, Ricky
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 2: Marriage, Morality, and Legal Pluralism in Muslim Societies
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.31380

Abstract

The phenomenon of samen leven, or cohabitation, challenges traditional religious and cultural norms in Indonesian society, yet it has become increasingly prevalent in contemporary times, particularly in Indonesia and Malaysia. This trend suggests a shifting landscape where moral and religious values are undergoing transformation. This article delves into the regulatory frameworks surrounding cohabitation, examining provisions within both current and proposed Criminal Codes, and explores the ensuing debates and controversies. Additionally, it scrutinizes the legal, religious, and social perspectives on cohabitation, along with the associated sanctions. The primary objective of this paper is to comprehensively understand the legal stance on cohabitation and explore measures to address the issue of samen leven in Indonesia, achieved through a comparative analysis of legal systems between Malaysia and Indonesia. The research employs a combination of literature review and normative juridical methods, relying on primary sources such as the Criminal Code, Marriage Law No. 1 of 1974, and Malaysia's 1984 Islamic Family Law pertaining to marriage and divorce. Secondary sources encompass a wide array of legal publications, including textbooks, legal dictionaries, journals, articles, and case commentaries. By critically examining the legal frameworks and social contexts surrounding cohabitation, this study aims to provide insights into the divergent approaches adopted by Malaysia and Indonesia. Such insights are pivotal for developing effective strategies and policies to address the challenges posed by cohabitation while navigating the complexities of religious, cultural, and legal landscapes in both countries.
Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era Fakihudin, Rifki
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 2: Marriage, Morality, and Legal Pluralism in Muslim Societies
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.31385

Abstract

In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to 
Early Marriage and Implications for Future Orientation in Islamic Law Rifandanu, Farel; Febrianti, Ayu
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 2: Marriage, Morality, and Legal Pluralism in Muslim Societies
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.31386

Abstract

Early marriage, deeply ingrained in cultural and religious traditions like Islam, profoundly influences individuals' future perspectives. This paper delves into early marriage within Islamic law's framework, examining its ramifications on individuals' outlooks. Drawing from Islamic jurisprudence, sociological insights, and psychological perspectives, the study scrutinizes early marriage's legal, social, and psychological dimensions. While Islam sanctifies marriage, it also underscores maturity and readiness, often at odds with prevalent early marriage customs. This practice poses multifaceted implications. Legally, it raises concerns about consent and well-being, especially when parties lack full maturity. Socially, early marriage curtails educational and economic opportunities, hindering future planning and goal pursuit. Psychologically, it induces stress and coping challenges with adult responsibilities prematurely. Additionally, early marriage affects broader societal aspects like population growth and gender equality. Addressing this issue necessitates a holistic approach integrating legal reforms, educational programs, and community support to safeguard vulnerable groups, notably girls and young women. By scrutinizing the legal, social, and psychological facets of early marriage, this paper seeks to inform interventions aligning with Islamic principles and universal human rights, promoting individuals' protection and empowerment.
Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation Fitriani, Nurul Fazrie; Trisnawati, Elvita
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 2: Marriage, Morality, and Legal Pluralism in Muslim Societies
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.31387

Abstract

This paper examines the legal framework in Indonesia concerning Female Genital Mutilation (FGM) in light of its obligations under international human rights law. FGM persists in Indonesia despite legal prohibitions and international condemnation. Through an analysis of Indonesian laws, international human rights instruments, and relevant case studies, this study explores the extent to which Indonesian legislation aligns with international standards on FGM. Despite ratifying several human rights treaties, Indonesia lacks comprehensive legislation explicitly criminalizing all forms of FGM, leading to inconsistent enforcement and protection gaps for girls and women. Moreover, cultural and religious justifications often hinder effective legal action against FGM practitioners. This paper underscores the urgent need for Indonesia to strengthen its legal framework, ensure effective enforcement, and promote awareness of human rights principles to eliminate FGM fully. By addressing these gaps, Indonesia can uphold its international human rights obligations and safeguard the rights and dignity of girls and women.
Religious Reform: Parallels between the European Reformation and Contemporary Challenges in Muslim-Majority Societies Almassry, Hazem
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31389

Abstract

This article explores into the profound dynamics of religious reform by drawing parallels between the European Reformation and the contemporary challenges facing Muslim-majority societies. While recognizing the unique contexts of these historical periods, the analysis sheds light on essential elements such as freedom, individualism, and the separation of religion from the state. It explores how these principles have played transformative roles in shaping Western modernity and their potential relevance in addressing current issues in Muslim-majority countries. The absence of a centralized religious authority in the latter context presents distinctive challenges, emphasizing the need for decentralized and context-specific reform strategies. The article underscores the importance of a multifaceted approach to reform, involving scholars, religious leaders, intellectuals, and civil society actors, in navigating the intricate path toward progress and renewal. Ultimately, this examination reaffirms the timeless pursuit of reform as a testament to human resilience and the enduring quest for positive change.
Rights of Children from Interfaith Marriages: Child Registration Case in Semarang, Indonesia Ruth Elita; Fathiyyah Layla; Chelsy Naristya; Zulfhan Akbar; Miftahul Jannah
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31390

Abstract

This paper investigates the rights of children born into interfaith marriages, focusing on child registration in Semarang. In a multicultural society like Indonesia, children from interfaith unions face complex legal and social challenges. This study explores the nuances of child registration in Semarang, addressing the legal framework, social dynamics, and implications for children's rights. Beginning with an overview of Indonesia's legal context, the paper emphasizes the importance of civil registration in establishing a child's legal identity and access to rights and services. It examines the hurdles encountered by interfaith families in navigating registration procedures, including issues of parental consent, religious affiliation, and administrative barriers. The study also delves into the social aspects of child registration in Semarang, analyzing how cultural norms, religious beliefs, and community attitudes shape the registration process and affect children's legal recognition. Challenges such as social stigma, discrimination, and bureaucratic inefficiencies are highlighted as obstacles to obtaining birth certificates and official documentation for children from interfaith backgrounds. Furthermore, the paper discusses the implications of insufficient child registration for children's rights, emphasizing the importance of equal treatment and legal recognition for all children, regardless of their parents' religious affiliations or cultural backgrounds. By examining the child registration case in Semarang, Indonesia, this study contributes to broader discussions on the rights of children from interfaith marriages and advocates for inclusive policies and practices. Addressing legal and social barriers to registration and promoting interfaith dialogue can ensure that every child enjoys their fundamental rights and opportunities for a fulfilling future.
Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations Tegar Islami Putra; Akbar Jihadul Islam; Abdullah Mufti Abdul Rahman
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31392

Abstract

This study explores the intersection of personal data protection laws in Indonesia with Islamic principles, focusing on the regulatory landscape and ethical considerations surrounding data privacy. With the proliferation of digital technologies and data-driven processes, safeguarding personal information has become paramount. Drawing from legal frameworks, Islamic jurisprudence, and contemporary discussions on data privacy, this research investigates how Islamic principles inform and complement existing data protection measures in Indonesia. The analysis begins by examining the legal foundation of personal data protection in Indonesia, emphasizing key provisions of relevant legislation and constitutional mandates. It then delves into Islamic principles related to privacy, confidentiality, and ethical conduct, as derived from primary Islamic sources such as the Quran, Hadiths, and scholarly interpretations. The study evaluates the alignment between personal data protection laws and Islamic ethics, identifying areas of convergence and potential divergence. It explores the implications of Islamic principles for data handling practices, consent requirements, and accountability mechanisms within the Indonesian context. Furthermore, the research discusses the practical implications of integrating Islamic principles into data protection frameworks, considering challenges, opportunities, and best practices for ensuring compliance and ethical data governance. By bridging legal and ethical perspectives, this study contributes to a deeper understanding of personal data protection in Indonesia and offers insights into the role of Islamic principles in shaping contemporary approaches to privacy and confidentiality in the digital age. It underscores the importance of holistic and culturally approaches to data governance that respect both legal requirements and ethical norms derived from Islamic teachings.
A Discourse of Marriage Principles in a Multicultural Society in Indonesia: Mono and Polygamous Practices Endriyani Lestari; Abdul Malik Hasyim El Rahman; Abdul Kareem Zuhud
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31393

Abstract

This paper delves into the discourse surrounding marriage principles within Indonesia's diverse multicultural landscape, with a particular focus on both monogamous and polygamous practices. As a nation characterized by rich cultural and religious diversity, Indonesia provides a unique context for examining the dynamics of marital norms and traditions. Through a comprehensive analysis, this study explores the historical, legal, and socio-cultural dimensions of monogamous and polygamous marriages, shedding light on their prevalence, legal frameworks, and societal implications. Drawing upon legal perspectives, societal attitudes, and empirical evidence, this discourse aims to provide a nuanced understanding of the complexities inherent in marital practices within Indonesia's multicultural society. Ultimately, this study contributes to broader discussions on marriage, diversity, and legal pluralism, offering insights into the evolving nature of marital norms and their intersection with Indonesia's multicultural fabric.
The Vital Role of Legal Education in Societal Transformation: Fostering Legal Awareness and Social Justice Satrio Alpen Pradanna; Hendri Irawan
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31394

Abstract

This article explores the crucial role of legal education in societal transformation, with a specific focus on fostering legal awareness and promoting social justice. The introduction highlights the inherent interconnectedness of individuals in communal living and emphasizes law as a dual-aspect phenomenon governing legal subjects. The research aims to analyze the multifaceted functions of law, such as social control, engineering, symbolism, politics, and integration, to contribute to shaping a balanced and just society. The paper also delves into the objectives of legal education, intending to cultivate responsible citizens with a comprehensive understanding of legal awareness. Employing a qualitative approach through an extensive literature review, the methodology focuses on studying existing scholarly works. The article advocates for integrated efforts to realize legal transformation and societal harmony through robust legal education initiatives. In conclusion, it underscores the need for a collective commitment to fostering legal awareness for a more just and harmonious society.

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