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INDONESIA
Jurnal Media Hukum
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 08548919     EISSN : 25031023     DOI : 10.18196/jmh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
MEDIA HUKUM (JMH) (ISSN:0854-8919, E-ISSN:2503-1023) is journal published by Faculty of Law Universitas Muhammadiyah Yogyakarta. JMH publishes scientific articles that related in law, development and harmonization of Shariah and positive law in Indonesia. JMH are published twice a year, in June and December. Articles are written in English or Bahasa Indonesia and reviewed by competence reviewers.
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Articles 12 Documents
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Search results for , issue " Vol 20, No 2 (2013)" : 12 Documents clear
ISLAMIC PERSPECTIVE ON MARITAL RAPE Susila, Muhammad Endriyo
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Marital rape has become a controversial issue in many countries including Indonesia. For the majority of the Indonesian people, it is impossible for rape to take place inside the marriage institution, however some other peoples believe that it possibly occurs. Since it is considered as a kind of rape anyway, those who agree with that concept, insist on the government of Indonesia to qualify marital rape as an offence. This is sounded usually by the human rights activists, especially the feminists. This research is aimed to elaborate the legal position of what so-call marital rape in Islam. As a country whose population is majority Muslim, it can be understood that the development of the Indonesian law is influenced by the Islamic values. This research provide an important reference to deal with the issue of the criminalization of marital rape in Indonesia.Since the research focuses more on the study of legal materials from various sources, it is qualified as a normative legal research. To support the collection of data, interview upon the competent legal experts has also been exercised. The standard of qualification of the legal experts involving in the interview are those who are interested in Islamic Law, especially Islamic Family law as well as Islamic Criminal Law.    Based on the research finding, it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturaly prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim familes, since the husband is bound with the obligation to treat her wife well (mu’asyarah bil ma’ruf). In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter. Meaning to say, the husband is obliged to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force her wife for sex when she is unwilling. It is better for the husband to sacrifice him self (to be patient) rather than sacrificing his wife. A good husband must be wise in choosing the better choice relating to the above issue. A good husband must be patient (shabr) for not saying that who is not patient is not a good husband.Keywords: Marriage, Rape, and Marital Rape
BENTUK-BENTUK PENERAPAN NORMA HUKUM ADAT DALAM KEHIDUPAN MASYARAKAT DI JAWA TENGAH Mulyono, Sutrisno Purwohadi
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The existence of customary law in the life of central java people has existed for a long time, the rules of law that accommodate and legalize have been there and stratified from the beginning to the level of the basic law to the operation of the rules. Reseach problem: How is the customary forms the rule of law in the life of Central Java people? Research aim, to find out the application forms of customary law in the life of Central Java people. Research kind is policy research. Research type is empirical juridic research. The research characteristic is descriptive with purposive and stratified sampling approach. Primar and secondary data use interview and document. The research method is analytical qualitative. The research result shows, the existence of customary law in the implementation in the people life has existed for a long time. However, there are diversity forms in its application, some directly and some indirectly, depending on the characteristics of the place and time where it is applied. Suggestion, The need for unity indigenous manifested in village administration in order to facilitate social interaction between citizens, in the diversity and protection against right indigenous people.Keywords: Application Forms, Akad, Customary Law, People Life.

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