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Nurani: Jurnal Kajian Syariah dan Masyarakat
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
NURANI merupakan jurnal kajian syari'ah dan masyarakat yang diterbitkan oleh Fakultas Syari'ah Universitas Islam Negeri (UIN) Raden Fatah Palembang. Jurnal NURANI terbit dua kali dalam setahun yaitu bulan Juni dan Desember. Jurnal NURANI pertama kali terbit pada tahun 2001 dengan Surat Keputurusan Rektor IAIN Raden Fatah. Pengelola menyambut baik kontribusi dalam bentuk artikel dari para ilmuwan, sarjana, professional, dan peneliti dalam disiplin syari'ah dan kemasyarakatan untuk dipublikasikan dan disebarluaskan setelah melalui mekanisme seleksi naskah, telaah mitra bebestari, dan proses penyuntingan. Besar harapan kami, artikel-artikel yang terbitkan oleh Jurnal NURANI dapat memberikan kontribusi yang nyata dan berdampak secara luas pada perubahan paradigma positif mengenai syari'ah dan kemasyarakatan. Jurnal NURANI melakukan publikasi karya ilmiah berpegang teguh pada nilai-nilai dan etika publikasi ilmiah serta seluruh proses didalamnya dikelola secara profesional dan akuntabel. Jurnal NURANI berkomitmen akan memberikan sanksi secara tegas apabila selama proses publikasi terdapat hal-hal yang menyalahi aturan dalam etika publikasi serta norma-norma akademik.
Arjuna Subject : -
Articles 279 Documents
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Contruction of Criminal Law Against Blaspheming the President as the Head of Government in Indonesia Holijah, Holijah; Rizal, M.
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.15992

Abstract

The State of Indonesia is a state of law, every citizen gets protection of both civil and political rights. In addition, as a country that adheres to a presidential system of government, the position of the President is both head of state and head of government. However, there is an update efforts to provide better protection for the dignity of the President in the Criminal Law raises pros and cons, of course it is very interesting to study more deeply, namely regarding the norm of defamation against the president and the limits to the concept of norms of defamation against the president for the protection of dignity as head government. The research method used in this paper is through normative juridical research using primary data sources derived from secondary data. Secondary data from primary, secondary and tertiary legal materials that are directly related to the problems written. The conclusions in the research show that the legal norms and concepts regarding insulting the president in the the 2019 Draft Criminal Law (RUUKUHP) are in an effort to maintain the existence of the president as a person because everyone has legal rights to protect human dignity and worth. Furthermore, the concept of protecting the dignity of the president or vice president in the article does not mean protecting government policies from criticism.
The Verstek Law Implementation In Religious Courts In South Sumatera Insani, Fidya Rahma; Hayatuddin, Khalisah; Saptawan, Ardiyan; Is, Muhamad Sadi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16030

Abstract

Verstek decisions are decisions that often occur in courts, especially in the Religious Courts, so the authors were interested in conducting them by using the formulation of the problem: how to apply verstek at Sekayu Religious Courts, South Sumatra. Then, what are the obstacles in implementing verstek at Sekayu Religious Court, South Sumatra. Empirical research was used as the method of research. Research result; the application of verstek at Sekayu Religious Court of South Sumatra has been carried out in accordance with applicable law. Meanwhile, the obstacles faced by the Sekayu Religious Court of South Sumatra in resolving the verstek case were; the number of divorce cases was quite high from year to year; the time required in handling takes a long time, from the beginning of registration until the decision was read out; the down-payment fee for the verstek case had been determined by the Religious Court based on the radius of residence of the applicant/plaintiff and the respondent/defendant, not adjusted to the financial capacity of the parties; and witness constraints, sometimes the parties present witnesses who had never seen or heard of the dispute, but indeed the husband and wife had been separated for a long time.
Crime of the Personal Closeness: Characteristics Perpetrators of Child Sexual Abuse Fernando, Henky; Larasati, Yuniar Galuh; Pabbajah, Mustaqim; Latif, Syahrul Akmal; Novarizal, Riky
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16190

Abstract

The characteristics of perpetrators of sexual abuse against children appear in complex patterns of relationships. Studies that had discussed this phenomenon have only focused on the existence of victims, so they have not comprehensively explained the characteristics of the perpetrators. This study focuses on the question "How are the characteristics of perpetrators of sexual abuse against children?" To answer this question, this study uses a qualitative descriptive approach in exploring cases of sexual abuse against children through online media coverage. The reading of the news is focused on news headlines that contain cases, victims, and perpetrators of sexual abuse against children. Important findings in this study show that the perpetrators of sexual abuse against children are not least carried out by those closest to the child biologically, socially, and structurally, such as parents, neighbors, and teachers at school. Based on these findings, it is possible to formulate a concept of the crime of personal closeness as a contribution to this study. This study also recommends the importance of comparing cases, victims, and perpetrators of sexual abuse by interviewing groups of girls and boys on a more macro and more empirical basis.
Ijtihad of the Companions in Determining Grandfather's Inheritance Rights with Brothers and Sisters Zuhdi, M; Miharja, Marjan; Rahmawati, Dyah
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16988

Abstract

The rule on the part inherited by the grandfather together with the siblings of the testator is not found at all from the nagli arguments in the Qur'an or as-Sunnah. The provisions of their share are found through the ijtihad of the Companions. The ijtihad of the Companions has differences with each other. Thus, it is important to conduct an in-depth study of the ijtihad of the Companions. The issue to be discussed in this research is how the grandfather's share of inheritance rights if he is with brothers and sisters based on the ijtihad of the Companions. The purpose of the research is to conduct a study of the grandfather's share of inheritance if he is with brothers and sisters according to the ijtihad of the Companions. This research uses a type of qualitative research whose data comes from secondary data. Documentation study was chosen in collecting data, while data analysis was carried out in three stages, namely data reduction, data verification and data presentation. The results of this study reveal that there are still things that require ijtihad in resolving the issue of grandfather's share of inheritance with the inheritor's siblings that occur in the community. The findings are based on the example of calculating inheritance according to the opinions of Abu Bakr, Zaid bin Tsabit, Umar and Ibn Mas'ud.
A Gender-Based Maqashid Sharia Study of Penghulu in Indonesia (A Study of Jasser Auda's Views) Maliki, Ibnu Akbar; Zaelani, Abdul Qodir; Ardi, Muh Zaitun; Ghummiah, Shivi Mala
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16447

Abstract

The Penghulu in Indonesia has always been identified and held by men instead of women. The legal opportunity in Ministry of Religious Affairs Regulation No. 20/2019 on Marriage Registration has been annulled by Compilation of Islamic Law (KHI), which requires men as guardians, where the existence of marriage guardians is one of the duties of the head of the family, which inhibits women from serving as head of the family. Although fiqh as the main source of KHI has given legality to women as marriage guardians, KHI does not adopt arguments in favour of women becoming marriage guardians. Whereas the duties of the penghulu are not only limited to wali hakim, there are many duties of benefit in marriage such as providing legal certainty through marriage registration. This article aims to find out the existence of female headmen in Indonesia in the perspective of maqashid sharia. The research employs a literature content analysis. The results showed that based on the study of the six features of maqashid sharia proposed by Jasser Auda, the existence of female headmen is basically something that should be commonplace in Indonesia. The value of maslahah behind the administrative duties and legal certainty of marriage is an objective reason for women to serve as penghulu. This is because realising benefit is the obligation and responsibility of every human being, regardless of gender. This is supported by the existence of cognitive features, wholeness, openness, interrelationship between levels, multi-dimensionality, and meaningfulness of women's headship which has fulfilled the elements of maslahat and the objectives of Islamic law. Therefore, through this research, the reconstruction of guardianship law in KHI should be carried out immediately so that it can pave the way for women to access the position of penghulu.
The Phenomenon of Political Dynasty in Regional Head Elections in Indonesia Rannie, Mahesa; Saraswati, Retno; Wisnaeni, Fifiana
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16477

Abstract

Direct regional head elections (Pilkada) provide opportunities for civilian circles to become candidates for regional heads, but this has created a new problem, namely the rampant phenomenon of dynasty politics. This condition is quite concerning, not only because incumbent families participate in the replacement, but also due to the negative effects of the desire for power. Therefore, it is necessary to analyze why the phenomenon of dynasty politics emerges and its influence on the implementation of Pilkada. Additionally, it is important to analyze how this phenomenon is viewed from the perspectives of human rights, law, and justice. This is in line with the research objective, which is to analyze the causes of the emergence of dynasty politics and its influence on Pilkada, as well as to analyze the phenomenon from various perspectives. The research method used is socio-legal. The conclusion drawn is that the emergence of dynasty politics is due to the recruitment function of political parties not being based on quality and the weakness of regulations. This has consequences for the implementation of Pilkada, resulting in candidates who are of lower quality and competence. From a human rights perspective, the regulations regarding dynasty politics may indeed violate human rights, but considering the widespread phenomenon of dynasty politics, it is not excessive to establish rules similar to those previously included in Law Number 8 of 2015. From a legal perspective, election laws and political parties should also be improved. All of these efforts are intended to prevent the further spread of dynasty politics, as it can result in injustice for other individuals who wish to run for office.
Factors of Unfulfilled Rights of Wife and Children as Consequences of Divorce in Religious Court Decisions Saleh, Taufiq; Hayatuddin, Khalisah; Wardhana, Arif Wisnu
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16644

Abstract

PERMA Number 3 of 2017 serves as a guideline for judges in adjudicating cases involving women and can be used as a legal basis for providing protection to children who are victims of divorce. The problem discussed in this research is the implementation of PERMA in the Baturaja Religious Court. The aim of this study is to examine the issue of the non-fulfillment of the rights of the wife and children as a consequence of divorce in court decisions. A qualitative research approach with a field study design was chosen for this study. The research was conducted at the Baturaja Religious Court. The data used consisted of primary data and secondary data. Data analysis was divided into three parts: data reduction, data display, and conclusions. The research findings indicate that the implementation of PERMA Number 3 of 2017 regarding the rights of the wife and children as a consequence of divorce in the Baturaja Religious Court has not been fully implemented. This is due to several factors, such as the economic instability of the father, remarriage of the parents, psychological factors that prevent the former husband from meeting their children, and the ability of the mother to provide for the child's welfare.
Omnibus Method in National Legal Development Efforts Putri Aji, Rizka Ananda; Susilawati, Elis
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16685

Abstract

Pancasila is the view of life of the nation and state which is the basis for the implementation of national life. The precepts in "Pancasila" are the crystallization of the values​​that live in Indonesian society. This is certainly a new thing in the Indonesian legal system which is more inclined towards the civil law system. The omnibus concept is better known in countries with a common law system. However, as stated by Mochtar Kusumaatmadja thatin efforts to develop law there must be alignment between the national legal system and the development of modern law from other countries. This alignment is solely intended so that the law can adapt to the times.The method used in this research is the normative legal method. -Invitation” which accommodates the omnibus method. This method is an effective and efficient effort to overcome regulatory obesity that occurs in Indonesia. However, in its implementation, future improvements are needed to achieve the target to be achieved.
Implementation of Progressive Islamic Policy in Regional Leaders of Muhammadiyah North Sumatra Period 2015 – 2020 Yakub, M.; Sampurna, Ahmad
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16917

Abstract

This research wants to find out the Implementation of Progressive Islamic Policy in the North Sumatra Muhammadiyah Regional Leaders for the 2015 – 2020 period, the supporting factors and obstacles encountered. Using the theory of policy implementation by George C. Edwards III, Merilee S. Grindle and David L. Weimer and Aidan R. Vining, to find out how intense implementation is in the North Sumatra PWM environment. At the same time solving the main problems in this study that are proposed in the problem formulation. Using historical methods with a qualitative approach. The results of the study answer the formulation of the problem, namely PWM North Sumatra has implemented Progressive Islamic movements in various fields (education, health, social, da'wah, humanity and nationality). The PWM program is in accordance with the policy of the central leadership implemented by the Muhammadiyah leadership of North Sumatra. PWM in implementing Progressive Islam faces various challenges both internal and external. Internally there are still many cadres who have not implemented the concept of Progressive Islam and other challenges. While externally there is a misunderstanding of the community towards PWM in terms of the purification of worship. And these challenges continue to be faced with preaching, education and providing good understanding to the community.
Maqashid Syariad Asy-Syatibi Review of Marital Rape in the Sexual Violence Crime Law Zulfikar, Faisal; Taqiyuddin, Hilman; Muchlisin, Mohamad
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16991

Abstract

In today's life, there are many cases that we often hear about or see that are directly or indirectly related to external sexual violence or marital rape. Therefore it is necessary to formulate rules that can reduce the number of violence, especially marital rape which is a concern for everyone to get married. Maqosid Syariah is one of the appropriate alternative sources of law originating from sources of Islamic law. The following research is a qualitative descriptive research equipped with library research methods with a normative juridical approach. The formulation for regulation of domestic violence in Law Number 12 of 2022 concerning the Law on Sexual Violence has fulfilled the dharuriyat category or primary needs in Maqashid Syariah related to kulliyat al khams, one of the main things, namely Hifzu al-nafs (life protection). In this position, the Act on Sexual Violence can use Maqashid Syariah as an alternative point of view. By formulating these regulations, the concept of Maqashid Syariah can be used for the purpose of common interest has been implemented. With regulations like this, it can be a benchmark for reducing domestic violence.

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