cover
Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
Phone
+6285643210185
Journal Mail Official
justicia@uinponorogo.ac.id
Editorial Address
Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
Location
Kab. ponorogo,
Jawa timur
INDONESIA
Jurnal Kajian Hukum dan Sosial
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and issues related to comparative legal systems and constitutional law in Muslim-majority countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
Search results for , issue "Vol 14 No 2 (2017)" : 7 Documents clear
Sanksi Kebiri Kimia Bagi Pelaku Kejahatan Seksual terhadap Anak (Analisis Undang-Undang Nomor 35 Tahun 2014 Studi Komparatif Hukum Pidana di Indonesia dan Hukum Pidana Islam) Bob Friandy
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.953

Abstract

In Indonesia, cases of sexual crimes have increased every year, the victims are not only adults, but now they have spread to teenagers, children, and even toddlers. The phenomenon of sexual crimes against children is increasingly common and has become global in almost every country. Cases of sexual crimes against children continue to increase from time to time. The increase is not only in terms of quantity or the number of cases that occur, but also in terms of quality. More tragically, the perpetrators are mostly from the family environment or the environment around the child, including in his own home, school, educational institutions, and the child's social environment.
The Protection of Human Rights in Islam: As Discoursed in the Works of Al-Qaradawi ahmad nabil amir; Tasnim Abdul Rahman
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1221

Abstract

This paper deals with the issues of human rights as crucially discussed in the works of al-Qaradawi, such as Fatawa al-Mu”˜asarah, Fi Fiqh al-Dawlah fi al-Islam, Fiqh al-Jihad, Fiqh al-Awlawiyyat, Fiqh al-Aqalliyyat, Fiqh al-Zakah and other major contributions by him in the field of human rights. It fundamentally discussed the principle of safeguarding human rights relating to religious freedom, freedom of expression, freedom of conscience, rights of minority, gender equality, and other crucial topics substantively discussed by him. The outcome will highlight Qaradawi’s prominence as advocate of human rights and his position in this crucial issue and its contemporary relevance and significance for the ummah.
Diskursus Kalender Hijriyah Global Pasca Kongres Istanbul Turki 2016 Nihayatur Rohmah
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1224

Abstract

In May 2016, Muslims from several countries held the International Hijri Calendar Unity Congress in Istanbul Turkey. At the end of the congress, the result of the voting concluded and published the single calendar system (singular calendar) based on the visibility of the new moon. Calendar is an expression of the collective activity of the rhythm and reflects the resilience and the strength of a civilization. So the existence of the calendar is accurate and consistent as an civilization imperative and is a prerequisite for a civilization to exist and thrive. The characteristic of the revival civilization is when the civilization was able to answer the challenges of the past. Civilization is a mechanism in the social organization, so there is no problem that can not be settled or compromised unless the issue by political or economic interests. There is no difference with the other calendar, the Islamic calendar is a reality that issued by a handful of elite (read: the ruling group of important people in the community). A public position in the affinity people are consumers of course-and practice-calendar produced by their elite. The feature of Hijrah calendar in a country is a clear reflection of the particulars of their elites. Hijrah calendar unity is nothing but a fruit of the unity of authority, and the authority here is Ulil Amri.
Perlindungan Hukum terhadap Maternal Perinatal, Neonatal, dan Pemberian Asi Eksklusif Menurut Peraturan Menteri Kesehatan No. 97 Tahun 2014 dan Undang - Undang Kesehatan No. 36 Tahun 2009 Dewi Iriani
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1225

Abstract

The number of maternal deaths, and infant deaths (perinatal and neonatal) has increased every year, so that there is no legal protection against maternal and infant deaths. As well as the large number of breastfeeding mothers who do not provide exclusive breastfeeding, the absence of local regulations governing lactation and the availability of lactation rooms The type of research is field Case studies in this study by knowing the legal protection of maternal, perinatal, and neonatal according to the Minister of Health Regulation No. 97 of 2014. Legal Protection of Exclusive Breastfeeding According to Health Law No. 36 of 2009 Minister of Health Regulation No. 97 of 2014. This regulation emphasizes that patients have the right to obtain health services, although it does not explicitly mention that patients get legal protection if doctors, midwives, hospitals are proven to have defaulted. Patients can make legal efforts and have the right to file a lawsuit and compensate material and immaterial damages in accordance with the Criminal Code and Civil Code. Exclusive Breastfeeding According to Health Law No. 36 of 2009. The law strictly regulates exclusive breastfeeding with strict sanctions for someone who prohibits breastfeeding for working women. In its implementation, there are still some breastfeeding mothers who work, only providing exclusive breastfeeding during maternity leave (2 months). As well as the absence of local regulations governing lactation and the unavailability of lactation rooms in public facilities.
Nikah Sirri and its Responses from Religious Court: Taking Sides between Acceptation and Refutation Titis Thoriquttyas
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1226

Abstract

This paper describes on the regulation of nikah sirri and its responds from the various society, especially from the religious leader’s view in Madura. Criminalizing the subject of nikah sirri become debatable issues for Madurese community in the socially and religiously context. Either the acceptations or refutations for this case become the crucial point to discuss academically because both of responses supported by the logical argumentations. It considered as the progressive policy to minimize it cases and protect the rights of wife and children legally, socially and economically. In other side, the criminalizing regulation viewed as the overlapping law because it reduction the Islamic Law. In order to bridge this case, the leader communities played the significant role to mediate it through the legal frameworks.   Furthermore, this paper aims to provide the position of criminalizing regulation for the subject of nikah sirri as well as the role of leader communities in Madura to mediate the differs argumentations behind it. In conclusion, the researcher believed that the leader communities in Madura have the opportunities to solve the problems of nikah sirri based on the religious, social and cultural reasons.
Komnas Perempuan sebagai Statute Auxialiary Bodies di dalam Penegakan Hak Asasi Manusia Perempuan di Indonesia Laurensius Arliman S
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1228

Abstract

The poor condition of Indonesian women nationally, where the education of Indonesian women in general is still low, as well as low physical quality and inadequate non-physical, plus the social and cultural environment conditions of most Indonesian people who are less supportive of women, then the enforcement of human rights is not implemented. The May 1998 tragedy prompted the President to issue Presidential Decree No. 181 of 1998 as the legal basis for the National Commission on Violence Against Women, which was updated by Presidential Regulation No. 65 of 2005. This commission is an independent human rights commission institution established by the state to respond to the issue of women's rights as part of human rights. To realize the enforcement of women's human rights, the commission has the following tasks: a) dissemination of understanding, b) studies and research, c) monitoring, d) recommendations and regional and international cooperation.
Relevansi Tata Kelola Wakaf Turki terhadap Pengembangan Wakaf Produktif di Indonesia Yusi Septa Prasetia; Miftahul Huda
Justicia Islamica Vol 14 No 2 (2017)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v14i2.1231

Abstract

This paper describes the profile of productive waqf management developed in Turkey and tries to relate certain aspects in the context of waqf development in Indonesia. Waqf management in Turkey in terms of history, legal formation, and asset management, especially productive waqf assets, has grown rapidly and at least contributed to the state and the empowerment and independence of the community. The institutional, governance, and distribution of waqf proceeds have had major implications for the Turkish state. At least by positioning waqf assets to be developed productively, it has strengthened the function of waqf in the transformation of Muslims specifically. In this context, it is possible that the efforts that have been made by Turkish waqf in terms of asset productivity are taken more integratively for the development of waqf in Indonesia.

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