Pub Date : 2018-12-28DOI: 10.15642/alhukama.2018.8.1.240-269
Nurul Asiya Nadhifah, Siti Tatmainul Qulub
Understanding of women's fiqh associated with female bleeding (dima' al-mar'ah) is very important to be owned by men especially by women. Syari'ah and Law Faculty’s students are required to understand Shari'ah and law knowledge, one of which is about women's bleeding. However, in the curriculum of study programs in the Faculty of Shari'ah and Law of UINSA no one specifically discussed the matter. Understanding of students related to menstrual blood, childbirth and istihadhah majority is still at the moderate level. They can only define and know the difference in time when the blood comes out. As for the wisdom and legal implications for women who experience bleeding in the implementation of worship, they still do not know and define it. The implications of legal law that they know are only limited to prayer, fasting and carrying, holding and reading the Qur'an. The rest they are still confused or do not know. Of the several factors that influence a person's understanding, there are five main factors that greatly influence students' understanding regarding menstrual blood, childbirth and istihadhah, namely factors of experience, intelligence, gender, education and school environment. Other factors that are age, occupation, socio-culture and economy, and the amount of media information does not affect the students' understanding regarding menstrual blood, childbirth and istihadhah.
{"title":"PEMAHAMAN MAHASISWA FAKULTAS SYARI'AH DAN HUKUM UIN SUNAN AMPEL TENTANG FIQH PEREMPUAN","authors":"Nurul Asiya Nadhifah, Siti Tatmainul Qulub","doi":"10.15642/alhukama.2018.8.1.240-269","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.1.240-269","url":null,"abstract":"Understanding of women's fiqh associated with female bleeding (dima' al-mar'ah) is very important to be owned by men especially by women. Syari'ah and Law Faculty’s students are required to understand Shari'ah and law knowledge, one of which is about women's bleeding. However, in the curriculum of study programs in the Faculty of Shari'ah and Law of UINSA no one specifically discussed the matter. Understanding of students related to menstrual blood, childbirth and istihadhah majority is still at the moderate level. They can only define and know the difference in time when the blood comes out. As for the wisdom and legal implications for women who experience bleeding in the implementation of worship, they still do not know and define it. The implications of legal law that they know are only limited to prayer, fasting and carrying, holding and reading the Qur'an. The rest they are still confused or do not know. Of the several factors that influence a person's understanding, there are five main factors that greatly influence students' understanding regarding menstrual blood, childbirth and istihadhah, namely factors of experience, intelligence, gender, education and school environment. Other factors that are age, occupation, socio-culture and economy, and the amount of media information does not affect the students' understanding regarding menstrual blood, childbirth and istihadhah. ","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121216225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-27DOI: 10.15642/ALHUKAMA.2018.8.1.215-239
Silmi Mursidah
This Supreme Court regulation was formed because there is still widespread discrimination and gender stereotypes in the courts in Indonesia. This regulation is a maslahah hajiyah because this benefit is needed by humans, especially women who are faced the law for the convenience of their lives. If this regulation is not implemented, it will cause difficulties and negative impacts on women, both psychologically and physically. However, these difficulties do not damage the order of human life. The issuance of the Supreme Court regulation, it is expected that gender stereotypes will no longer occur in examinations in courts that can have a negative impact on women dealing with the law, both psychologically and physically, and the issuance of decisions that are gender biased. Supreme Court Rule Number 3 of 2017 concerning Guidelines for Judging the Case of Women Facing the Law, hoped that it can become a standard for judges and all judicial apparatus, in the process of examination in the courts in handling cases involving women, both as perpetrators, victims, witnesses and parties, so that the goal of eliminating all potential discrimination against women facing the law can be achieved.
{"title":"ANALISIS MASLAHAH TERHADAP PERMA NOMOR 3 TAHUN 2017 TENTANG PEDOMAN MENGADILI PERKARA PEREMPUAN BERHADAPAN DENGAN HUKUM","authors":"Silmi Mursidah","doi":"10.15642/ALHUKAMA.2018.8.1.215-239","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2018.8.1.215-239","url":null,"abstract":"This Supreme Court regulation was formed because there is still widespread discrimination and gender stereotypes in the courts in Indonesia. This regulation is a maslahah hajiyah because this benefit is needed by humans, especially women who are faced the law for the convenience of their lives. If this regulation is not implemented, it will cause difficulties and negative impacts on women, both psychologically and physically. However, these difficulties do not damage the order of human life. The issuance of the Supreme Court regulation, it is expected that gender stereotypes will no longer occur in examinations in courts that can have a negative impact on women dealing with the law, both psychologically and physically, and the issuance of decisions that are gender biased. Supreme Court Rule Number 3 of 2017 concerning Guidelines for Judging the Case of Women Facing the Law, hoped that it can become a standard for judges and all judicial apparatus, in the process of examination in the courts in handling cases involving women, both as perpetrators, victims, witnesses and parties, so that the goal of eliminating all potential discrimination against women facing the law can be achieved.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115214169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-26DOI: 10.15642/alhukama.2018.8.1.194-214
Budiono Budiono
الزواج يعد من أهم الموضوعات التي يحتاج إلى الاهتمام بها اهتماما للغاية لتعلقه بالأغراض التي يعد حفظها أحد المقاصد الكلية للشريعة الإسلامية , ولأجل ذلك جعل المشرع للولي أمر مباشرة عقد النكاح. ويكون دور الولي في هذا الأمر يتجسد في المحافظة على المرأة حتى يتحقق فيه من مصلحة لها , و كذلك ينأى بالمرأة عن مباشرة عقد الزواج وفي ذلك دفع للحرج عنها . نرى في هذه الأيام الأخيرة بعض الولاة يتعسفون في استخدام حقهم من خلال اجبار المرأة على النكاح دون النظر إلى تحقيق المصلحة المرجوة من قبل المرأة , أو من خلال منع المرأة من حقها في النكاح ظلما وعدوانا . انطلاقا من هذا , كان المشرع بالنسبة إلى الولي الظالم يجعل للمرأة سبلا عديدة تمكنها التخلص من هذا الظلم . ويعرف العضل بأنه منع ولي المرأة لها من التزويج بكفئها إذا طلبت ذلك، ورغبَ كل واحد من الزوجين في صاحبه. ويتبين لنا أن العضل وأد للآمال والطموحات وقتل الحقوق والتطلعات, فهو حرمان لحق من حقوق الشريعة التي كفلها الحق للمرأة , ألا وهو الحق في الزواج ولما كان للعضل كل تلك الآثار السيئة على المرأة والمجتمع كان لزاما على الدعاة والمؤسسات التعليمية والحقوقية والإعلامية والقضائية اتخاذ إجراءات للحد من انتشار تلك الظاهرة السيئة التي قد ظهرت من عصر النبي ص بل سبقه.
{"title":"ظاهرة ظاهرة العضل في النكاح","authors":"Budiono Budiono","doi":"10.15642/alhukama.2018.8.1.194-214","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.1.194-214","url":null,"abstract":"الزواج يعد من أهم الموضوعات التي يحتاج إلى الاهتمام بها اهتماما للغاية لتعلقه بالأغراض التي يعد حفظها أحد المقاصد الكلية للشريعة الإسلامية , ولأجل ذلك جعل المشرع للولي أمر مباشرة عقد النكاح. ويكون دور الولي في هذا الأمر يتجسد في المحافظة على المرأة حتى يتحقق فيه من مصلحة لها , و كذلك ينأى بالمرأة عن مباشرة عقد الزواج وفي ذلك دفع للحرج عنها . نرى في هذه الأيام الأخيرة بعض الولاة يتعسفون في استخدام حقهم من خلال اجبار المرأة على النكاح دون النظر إلى تحقيق المصلحة المرجوة من قبل المرأة , أو من خلال منع المرأة من حقها في النكاح ظلما وعدوانا . انطلاقا من هذا , كان المشرع بالنسبة إلى الولي الظالم يجعل للمرأة سبلا عديدة تمكنها التخلص من هذا الظلم . ويعرف العضل بأنه منع ولي المرأة لها من التزويج بكفئها إذا طلبت ذلك، ورغبَ كل واحد من الزوجين في صاحبه. ويتبين لنا أن العضل وأد للآمال والطموحات وقتل الحقوق والتطلعات, فهو حرمان لحق من حقوق الشريعة التي كفلها الحق للمرأة , ألا وهو الحق في الزواج ولما كان للعضل كل تلك الآثار السيئة على المرأة والمجتمع كان لزاما على الدعاة والمؤسسات التعليمية والحقوقية والإعلامية والقضائية اتخاذ إجراءات للحد من انتشار تلك الظاهرة السيئة التي قد ظهرت من عصر النبي ص بل سبقه. \u0000 ","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121353384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-18DOI: 10.15642/alhukama.2018.8.1.169-193
Salman Alfarisi
This article is a study of the commercialization practice of secret marriage in Pekoren Village, Rembang Subdistrict, Pasuruan Regency, East Java Province. Secret marriage is carried out by the community using a broker service. In carrying out its duties, the broker asks for payment in the form of dowry money for operational costs and paying for the services of the Kyai who marry off. This case was analyzed using the eyes of Islamic law and juridical law. While the method used is a descriptive qualitative research method by collecting data through reading or reviewing the expressions and behaviors observed from the speakers in the field. From the field it is described, that the commercialization of secret marriage in Pekoren Village is a fixation of the price of dowry as an operational cost that uses the services of kyai and brokers to find the type of women wanted by interested person. In Islamic law, secret marriage is a legal marriage with the fulfillment of requirements and pillars of marriage. Brokers in this case can be categorized as buying and selling because of doing business, but it is still not suggested in Islam. In Positive Law, unregistered marriage is not valid because one element is not fulfilled, namely marriage recording. In line with these conclusions, the holders of the marriage registration policy must emphasize the regulation of marriage registration. For religious leaders, should not facilitate the secret marriage ceremonies which are patterned as pleasure.
{"title":"KOMERSIALISASI NIKAH SIRI DI DESA PEKOREN KECAMATAN REMBANG PASURUAN JAWA TIMUR","authors":"Salman Alfarisi","doi":"10.15642/alhukama.2018.8.1.169-193","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.1.169-193","url":null,"abstract":"This article is a study of the commercialization practice of secret marriage in Pekoren Village, Rembang Subdistrict, Pasuruan Regency, East Java Province. Secret marriage is carried out by the community using a broker service. In carrying out its duties, the broker asks for payment in the form of dowry money for operational costs and paying for the services of the Kyai who marry off. This case was analyzed using the eyes of Islamic law and juridical law. While the method used is a descriptive qualitative research method by collecting data through reading or reviewing the expressions and behaviors observed from the speakers in the field. From the field it is described, that the commercialization of secret marriage in Pekoren Village is a fixation of the price of dowry as an operational cost that uses the services of kyai and brokers to find the type of women wanted by interested person. In Islamic law, secret marriage is a legal marriage with the fulfillment of requirements and pillars of marriage. Brokers in this case can be categorized as buying and selling because of doing business, but it is still not suggested in Islam. In Positive Law, unregistered marriage is not valid because one element is not fulfilled, namely marriage recording. In line with these conclusions, the holders of the marriage registration policy must emphasize the regulation of marriage registration. For religious leaders, should not facilitate the secret marriage ceremonies which are patterned as pleasure.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134500636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/ALHUKAMA.2018.8.2.354-378
Firman Nurdiansyah
One of the topics that continues to reap controversy is polygamy. In the Islamic world, polygamy is interpreted differently through its main source, the Qur’an. One of the Muslim thinkers who contributed to the interpretation in this matter was Muhammad Syahrur who used the boundary theory in seeing the case of polygamy. By observing the context of the verse as a whole, Syahrur emphasized that polygamy can only be done if the second wife and so on are widows and have orphans. This paper is a study of the thoughts of Muhammad Syahrur through his monumental work Al-Kitab Wa Al-Qur’an Qira’ah Mu’asirah and his other works. The thought of Muhammad Syahrur is described and then analyzed for its relevance to the amendment plan. Compilation of Islamic Law as a material law in deciding polygamy issues. The requirement for polygamy must be with widows with orphans as a valuable input for KHI, which has included the conditions for polygamy which have departed from the shortcomings and weaknesses of women, a requirement considered by feminist as a gender bias.
{"title":"Pendapat Muhammad Syahrur Tentang Poligami Serta Relevansinya Bagi Rencana Perubahan KHI","authors":"Firman Nurdiansyah","doi":"10.15642/ALHUKAMA.2018.8.2.354-378","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2018.8.2.354-378","url":null,"abstract":"One of the topics that continues to reap controversy is polygamy. In the Islamic world, polygamy is interpreted differently through its main source, the Qur’an. One of the Muslim thinkers who contributed to the interpretation in this matter was Muhammad Syahrur who used the boundary theory in seeing the case of polygamy. By observing the context of the verse as a whole, Syahrur emphasized that polygamy can only be done if the second wife and so on are widows and have orphans. This paper is a study of the thoughts of Muhammad Syahrur through his monumental work Al-Kitab Wa Al-Qur’an Qira’ah Mu’asirah and his other works. The thought of Muhammad Syahrur is described and then analyzed for its relevance to the amendment plan. Compilation of Islamic Law as a material law in deciding polygamy issues. The requirement for polygamy must be with widows with orphans as a valuable input for KHI, which has included the conditions for polygamy which have departed from the shortcomings and weaknesses of women, a requirement considered by feminist as a gender bias.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123847824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/alhukama.2018.8.2.507-531
M. Zaman
Verification in the Religion Court is important because the court upholds law and justice based on no other evidence, including in civil cases, such as divorce. One of the proofs is a witness testimony. The majority of Islamic law experts like Imam Malik, Imam al-Shafi'i or Imam Ahmad ibn Hanbal agreed that a witness must be a Muslim, so that in a case witnessed by someone who is not Muslim, his testimony is deemed invalid. This article wants to see a case of establishing non-Muslim witnesses in a divorce case in the Sidoarjo Religious Court by using descriptive analysis, which is systematically describing the facts and characteristics of the object studied by the later analysis and using the istihsan theory. Based on the analysis, the Sidoarjo Religious Court in Case No. 1889/Pdt.G/2017/PA.Sda. has received the status of a non-Muslim witness because it has fulfilled formal requirements in a civil procedure law. In line with istihsan theory, non-Muslim testimony is permissible because of the development of the present era and its greater difficulties so that it can be accepted in religious courts. If it is forced that witnesses to be Muslim, then justice seekers will be harmed and have difficulties.
{"title":"Analisis Istihsan Atas Pertimbangan Hakim Terhadap Saksi Non Muslim Pada Perkara Perceraian","authors":"M. Zaman","doi":"10.15642/alhukama.2018.8.2.507-531","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.2.507-531","url":null,"abstract":"Verification in the Religion Court is important because the court upholds law and justice based on no other evidence, including in civil cases, such as divorce. One of the proofs is a witness testimony. The majority of Islamic law experts like Imam Malik, Imam al-Shafi'i or Imam Ahmad ibn Hanbal agreed that a witness must be a Muslim, so that in a case witnessed by someone who is not Muslim, his testimony is deemed invalid. This article wants to see a case of establishing non-Muslim witnesses in a divorce case in the Sidoarjo Religious Court by using descriptive analysis, which is systematically describing the facts and characteristics of the object studied by the later analysis and using the istihsan theory. Based on the analysis, the Sidoarjo Religious Court in Case No. 1889/Pdt.G/2017/PA.Sda. has received the status of a non-Muslim witness because it has fulfilled formal requirements in a civil procedure law. In line with istihsan theory, non-Muslim testimony is permissible because of the development of the present era and its greater difficulties so that it can be accepted in religious courts. If it is forced that witnesses to be Muslim, then justice seekers will be harmed and have difficulties.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116052872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/ALHUKAMA.2018.8.2.320-353
Nur Lailatul Musyafaah
The KB village has several programs, namely Family Planning (KB), Tribina which includes Family Development Coaching, Adolescent Family Development, Elderly Family Development (BKB, BKR, and BKL), Efforts to Increase Prosperous Family Income (UPPKS), and Information and Counseling Center Youth (PIK_RM). Based on the analysis of Islamic law, the Family Planning Village program in general is in accordance with the principles of Islamic law, but there are a number of programs whose laws are disputed by Jurisprudence. The Tribina program is in accordance with Islamic law, because the obligation of parents to care for and educate their children from toddlers to adolescents is good, and caring for elderly parents is an obligation of children to their parents. Regarding the family planning program, the majority of scholars allow for the use of contraceptives not to be permanent, not harmful and carried out by experts, while the permanent contraception, such as vasectomy and tubectomy, the majority of scholars forbid them. In connection with the UUPKS, the legal UUPKS may even be recommended because part of mutual assistance. But what needs to be considered is that the business must be in accordance with the concept of Islamic business, including not containing elements of gharar (uncertainty) and usury. The PIK_RM is in accordance with Islamic law, because fostering teenagers with proper and good guidance is highly recommended in Islamic law, so that they can become a superior generation and not fall into bad things.
{"title":"Program Kampung Keluarga Berencana Menurut Hukum Islam","authors":"Nur Lailatul Musyafaah","doi":"10.15642/ALHUKAMA.2018.8.2.320-353","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2018.8.2.320-353","url":null,"abstract":"The KB village has several programs, namely Family Planning (KB), Tribina which includes Family Development Coaching, Adolescent Family Development, Elderly Family Development (BKB, BKR, and BKL), Efforts to Increase Prosperous Family Income (UPPKS), and Information and Counseling Center Youth (PIK_RM). Based on the analysis of Islamic law, the Family Planning Village program in general is in accordance with the principles of Islamic law, but there are a number of programs whose laws are disputed by Jurisprudence. The Tribina program is in accordance with Islamic law, because the obligation of parents to care for and educate their children from toddlers to adolescents is good, and caring for elderly parents is an obligation of children to their parents. Regarding the family planning program, the majority of scholars allow for the use of contraceptives not to be permanent, not harmful and carried out by experts, while the permanent contraception, such as vasectomy and tubectomy, the majority of scholars forbid them. In connection with the UUPKS, the legal UUPKS may even be recommended because part of mutual assistance. But what needs to be considered is that the business must be in accordance with the concept of Islamic business, including not containing elements of gharar (uncertainty) and usury. The PIK_RM is in accordance with Islamic law, because fostering teenagers with proper and good guidance is highly recommended in Islamic law, so that they can become a superior generation and not fall into bad things.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125238419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/ALHUKAMA.2018.8.2.270-291
Siti Dalilah Candrawati
This paper is a bibliographical research on how the implementation of children’s educational rights in the Children Development Institution of Blitar who is underwent criminal sanction for involvement in the murder of a student in Lamongan and how the application of legislation on educational rights of the students. The prisoners who are convicted of murdering student in Lamongan must undergo a 1 year term in LPKA of Blitar. During the sentence, LPKA Blitar has implemented a system of treatment of students through 4 (four) stages, namely 0-1/3 MP, 1/3-1/2MP, 1/-2/3 MP, 2/3 to free. During that time they got the right to attend their formal high school and non-formal education in LPKA, even 4 (four) children who were sitting in class XII strived to follow UNAS (national post test) at their own school and passed it well. Because their behavior in LPKA was well assessed by the Penetration Monitoring Team (TPP), it was granted conditional leave (CB) rights so that the criminal sanction was reduced by one third and after 8 (eight), they were transferred to Anta Sena Magelang institution to undergo rehabilitation. In order to obtain optimal results, LPKA of Blitar cooperates with related offices, both with the national education office of Blitar city and NGOs as well as civic organizations. In addition, the implementation of educational rights in LPKA of Blitar, juridically implements articles 1, 2, 3, 4, and 85 of the Act. No. 11 of 2012 on the Criminal System for Children and article 1, 9, 14, 23, 24 Act. No. 35 of 2014 on Amendments to the Law. No. 23 of 2002 concerning Child Protection.
本文对因参与拉蒙干一名学生谋杀案而受到刑事制裁的布利塔儿童发展机构的儿童受教育权如何落实以及立法如何适用于学生受教育权进行了文献研究。在拉蒙甘谋杀学生的囚犯必须在英国的LPKA接受1年的监禁。在服刑期间，LPKA Blitar对学生实施了4(4)个阶段的治疗体系，即0-1/3 MP、1/3-1/ 2mp、1/-2/3 MP、2/3 to free。在此期间，他们获得了在LPKA接受正规高中和非正规教育的权利，即使是坐在十二班的4(4)个孩子也在自己的学校努力遵循UNAS(国家岗位考试)并顺利通过。由于他们在LPKA的行为得到了渗透监测小组(TPP)的良好评估，因此获得了有条件休假(CB)的权利，从而减少了三分之一的刑事制裁，8(8)后，他们被转移到安踏Sena Magelang机构接受康复治疗。为了获得最佳效果，Blitar LPKA与相关部门合作，包括Blitar市国家教育办公室和非政府组织以及民间组织。此外，在Blitar LPKA实施教育权在法律上执行了该法第1、2、3、4和85条。关于儿童刑事制度的2012年第11号法令和第1、9、14、23、24条。2014年第35号，关于法律修正案。关于儿童保护的2002年第23号法令。
{"title":"Implementasi Yuridis Terhadap Pelaksanaan Hak Pendidikan Anak Didik Pemasyarakatan Pelaku Pembunuhan Santri di Lamongan","authors":"Siti Dalilah Candrawati","doi":"10.15642/ALHUKAMA.2018.8.2.270-291","DOIUrl":"https://doi.org/10.15642/ALHUKAMA.2018.8.2.270-291","url":null,"abstract":"This paper is a bibliographical research on how the implementation of children’s educational rights in the Children Development Institution of Blitar who is underwent criminal sanction for involvement in the murder of a student in Lamongan and how the application of legislation on educational rights of the students. The prisoners who are convicted of murdering student in Lamongan must undergo a 1 year term in LPKA of Blitar. During the sentence, LPKA Blitar has implemented a system of treatment of students through 4 (four) stages, namely 0-1/3 MP, 1/3-1/2MP, 1/-2/3 MP, 2/3 to free. During that time they got the right to attend their formal high school and non-formal education in LPKA, even 4 (four) children who were sitting in class XII strived to follow UNAS (national post test) at their own school and passed it well. Because their behavior in LPKA was well assessed by the Penetration Monitoring Team (TPP), it was granted conditional leave (CB) rights so that the criminal sanction was reduced by one third and after 8 (eight), they were transferred to Anta Sena Magelang institution to undergo rehabilitation. In order to obtain optimal results, LPKA of Blitar cooperates with related offices, both with the national education office of Blitar city and NGOs as well as civic organizations. In addition, the implementation of educational rights in LPKA of Blitar, juridically implements articles 1, 2, 3, 4, and 85 of the Act. No. 11 of 2012 on the Criminal System for Children and article 1, 9, 14, 23, 24 Act. No. 35 of 2014 on Amendments to the Law. No. 23 of 2002 concerning Child Protection.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133196449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/alhukama.2018.8.2.401-429
Hadaita Na'mah
This article examines the implementation of the Sakera Jempol program (Realizing the Violence of Women and Children with Ball Pick) in Pasuruan Regency and the Effectiveness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence Against the Government’s Pasuruan Regency program. The data of this study are collected from observation, interviews, and documentation. Data are then analyzed using descriptive methods with inductive mindset, which describe the results of the research systematically and then seen using a juridical perspective. Based on data in the field, the Sakera Jempol Program is a program for handling victims of domestic violence, such as health services, counseling, rehabilitation, and legal assistance. The effectiveness of this program in reducing the number of violence, seen from the graph of the distribution of the number of cases of violence against women and children in the 2015-2018 period, succeeded in reducing cases from 68 cases to 21 cases of Domestic Violence (KDRT). The speed of handling victims of domestic violence is seen from the graph of the speed of handling cases of violence against women and children in the 2015-2018 period, from 5 days to 1 day. This program, if viewed from the reporting and protection stages, the handling phase, and the rehabilitation phase, is in accordance with Law No. 23 of 2004 concerning the Elimination of Domestic Violence.
{"title":"Program Sakera Jempol (Sadari Kekerasan Perempuan dan Anak dengan Jemput Bola) Kabupaten Pasuruan Perspektif Yuridis","authors":"Hadaita Na'mah","doi":"10.15642/alhukama.2018.8.2.401-429","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.2.401-429","url":null,"abstract":"This article examines the implementation of the Sakera Jempol program (Realizing the Violence of Women and Children with Ball Pick) in Pasuruan Regency and the Effectiveness of Law No. 23 of 2004 concerning the Elimination of Domestic Violence Against the Government’s Pasuruan Regency program. The data of this study are collected from observation, interviews, and documentation. Data are then analyzed using descriptive methods with inductive mindset, which describe the results of the research systematically and then seen using a juridical perspective. Based on data in the field, the Sakera Jempol Program is a program for handling victims of domestic violence, such as health services, counseling, rehabilitation, and legal assistance. The effectiveness of this program in reducing the number of violence, seen from the graph of the distribution of the number of cases of violence against women and children in the 2015-2018 period, succeeded in reducing cases from 68 cases to 21 cases of Domestic Violence (KDRT). The speed of handling victims of domestic violence is seen from the graph of the speed of handling cases of violence against women and children in the 2015-2018 period, from 5 days to 1 day. This program, if viewed from the reporting and protection stages, the handling phase, and the rehabilitation phase, is in accordance with Law No. 23 of 2004 concerning the Elimination of Domestic Violence.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114191130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-03DOI: 10.15642/alhukama.2018.8.2.292-319
Nurul Asiya Nadhifah
This article is the result of the research on the role of the women's organizations in Sidoarjo in responding to violence against women and children in Sidoarjo. The women's organizations in Sidoarjo referred to in this study are Fatayat of NU Branch Sidoarjo, Muslimat of NU Branch Sidoarjo, Regional Administrators Aisyiyah of Sidoarjo, Student Association of Nahhdlatul Ulama (IPPNU) Branch of Sidoarjo and Nasyi'atul Aisyiyah of Sidoarjo. Domestic violence is any act against a person, especially women, which results in physical, sexual, psychological misery or suffering resulting from neglect of the household, including threats to do illegal acts of deprivation or deprivation of liberty within the household. The results of the study concluded that Fatayat of NU, Muslimat, Aisyiyah, Nasyi'atul Aisyiyah and IPPNU had an important role in participating and handling cases of violence against women and children that occurred in Sidoarjo. They realize that women's organizations must respond to community development and needs. They participated with the government in dealing with victims of violence against women and children in Sidoarjo. The handling of cases of violence against women and children is not only in legal protection, but trauma healing assistance to victims is also done so that victims can return to their activities as before the violence occurred.
{"title":"Peran Organisasi Perempuan Sidoarjo dalam Merespon Kekerasan Terhadap Perempuan dan Anak di Sidoarjo","authors":"Nurul Asiya Nadhifah","doi":"10.15642/alhukama.2018.8.2.292-319","DOIUrl":"https://doi.org/10.15642/alhukama.2018.8.2.292-319","url":null,"abstract":"This article is the result of the research on the role of the women's organizations in Sidoarjo in responding to violence against women and children in Sidoarjo. The women's organizations in Sidoarjo referred to in this study are Fatayat of NU Branch Sidoarjo, Muslimat of NU Branch Sidoarjo, Regional Administrators Aisyiyah of Sidoarjo, Student Association of Nahhdlatul Ulama (IPPNU) Branch of Sidoarjo and Nasyi'atul Aisyiyah of Sidoarjo. Domestic violence is any act against a person, especially women, which results in physical, sexual, psychological misery or suffering resulting from neglect of the household, including threats to do illegal acts of deprivation or deprivation of liberty within the household. The results of the study concluded that Fatayat of NU, Muslimat, Aisyiyah, Nasyi'atul Aisyiyah and IPPNU had an important role in participating and handling cases of violence against women and children that occurred in Sidoarjo. They realize that women's organizations must respond to community development and needs. They participated with the government in dealing with victims of violence against women and children in Sidoarjo. The handling of cases of violence against women and children is not only in legal protection, but trauma healing assistance to victims is also done so that victims can return to their activities as before the violence occurred.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122479452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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