JIL : Journal of Indonesian Law

KEABSAHAN ẒIHAR SEBAGAI PUJIAN MENURUT PERSEPSI TEUNGKU DAYAH KECAMATAN JULI, BIREUEN

Muhammad Husnul — 2024-06-15

Ẓihar is historically a form of disliking a husband or a form of punishment towards his wife. The wife's status becomes dependent, unclear, she cannot marry someone else, and has no right to claim anything. In this context, the wife feels like she is being bullied and feels psychologically hurt by her husband. Islam then came to reconstruct ẓihar if a husband had already performed zihar on his wife, then at that moment his wife would no longer be halal for him. If the husband wants to cancel his words (ẓihar) then he is charged with paying kafarat (fine) as stated in QS Al-Mujadilah verses 3-4. The problem is when ẓihar as exemplified in fiqh "you are to me like my mother's back" is said by the husband as a form of praise or respect, not the other way around. This happened in the community of Juli District, Bireuen Regency. Based on this phenomenon, a study was carried out on the perception of teungkudayah (Islamic boarding school kiai) regarding the validity of ẓihar, the purpose of which is praise or respect, considering that the Juli sub-district is surrounded by Islamic boarding schools and the community is generally obedient and obedient to teungkudayah. The research method used is a qualitative research method with a juridical-empirical approach. Data was obtained from interviews with teungku dayah from four Islamic boarding schools (purposive sampling results) based on population. The results of the research show that the perception of teungku dayah is that it is haram for husbands who perform zihar in a sharih manner, such as husbands equating their wife's physical parts with their mother's physical parts. However, it is different if the type of pronunciation is used in the context of character, such as a husband who equates his wife's character with his mother's character, especially if the expression is praise or respect then it does not fall into the ẓihar category.

RELEVANCE CAUSA PARADIGMATIC OF LEGAL POSITIVISM

Deny Puspitasari — 2024-06-15

Law, as a science, is philosophical series of reasoning towards comprehensive rules, while law as an instrument is set of rules that regulate behavior is very profane and tends to have a one-way perspective. That beside das sein and das sollen sometimes be through contra productive assumptions, implementation, perceptions and expectations, especially those related the reasons behind legal determination. Interesting one thing is positivism paradigm. Where reason constructs values based solely on legal postulates, ignoring the context, forming reasoning, assumptions, perceptions and simbiota fact that encourage legal violations. The aims of this research is to examine how the construction, logical implementation, and whether there are logical contradictions of the positivism paradigm in law. As a result, this paradigm is aimed forming a perception of the text as a fact of knowledge. Implementably, construction of positivism paradigm cannot be separated from the construction of its constituents, that philosophy which includes what positivism is (ontology), how positivism is formed or obtained (epistemology) and why positivism was born (actiology) and logical contradictions in the positivism paradigm are influenced by differences in form, both of aspects elemental construction, basic thoughts, basic perceptions, basic assumptions, basic interpretations, factual basics in the social domain which form logical reasoning based on factual factors in society.

SECURITIES CROWDFUNDING: KAJIAN REGULASI PASAR MODAL DI INDONESIA

Yusian Mutiara — 2024-06-15

The concept of crowdfunding based on securities offerings allows micro, small and medium enterprises to obtain funds and capital through securities crowdfunding. However, investors in this case have a great risk of loss because issuers who issue securities through securities crowdfunding are not companies like issuers in the Stock Exchange. This causes many of them to be very new, so they may not have good management. This research aims to see how the law can protect securities crowdfunding investors. This research uses a juridical-normative approach to see the legal protection of securities crowdfunding investors in Law No. 4 of 2023 concerning Strengthening and Development of the Financial Sector and the Financial Services Authority Regulation (POJK). The results of this study indicate that Law No. 4 of 2023 concerning Development and Strengthening of the Financial Sector and Financial Services Authority Regulation (POJK) No. 16/POJK.04/2021 have provided legal protection to securities crowdfunding investors, namely preventive protection and repressive protection. However, regarding the protection of the parties, it is still hampered by several factors, such as investor ignorance, unpreparedness of human resources, and slow handling of complaints by the organizers. In addition, the prospectus issued by the issuer often cannot be confirmed for accuracy, due to differences in information disclosure standards such as securities offerings on the Stock Exchange and the absence of involvement of professional institutions.

THE ROLE OF GENDER STUDIES CENTER AND CHILD (PSGA) IAIN SALATIGA IN PREVENTING SEXUAL VIOLENCE PERSPECTIVE OF MAQASID SYARIAH

Nastangin — 2024-06-15

Sexual violence and harassment is a very inhumane act. This is a violation of both religious and state regulations. Nowadays, there are so many cases of sexual violence committed by perpetrators. Cases of sexual violence can take various forms of women, for example rape. In fact, this case does not only happen to adult women but also to children who are still underage. In essence, woman is a noble figure who must be protected. Therefore, the researcher has two questions related to this research, that : What steps does the PSGA take in preventing sexual violence and what is the role of PSGA in preventing sexual violence perspective of Maqasid Sharia. This research uses a type of qualitative research, namely research that aims to understand phenomena about what is experienced by research subjects, for example behavior, perceptions, motivations, actions, etc., holistically, and in a descriptive way in form of words and language, in a special natural context and by utilizing various natural methods. The results of this research are first steps of PSGA in preventing sexual violence, that: socialization, holding training, conducting counseling, having campus regulations, preparing guidelines related to sexual violence, making SOP (Standard operating procedure) and forming student agents. These are the steps that have been taken by PSGA to prevent sexual violence. Second, role of PSGA in preventing sexual violence has been carried out well through: As the leading sector (driving force) for violence prevention at IAIN Salatiga, as the person responsible for socializing prevention of sexual violence and drafting regulations of Chancellor regarding prevention and handling of sexual violence. These roles, when viewed from the perspective of Maqasid Sharia, basically have same goal as one of the goals of Maqasid Sharia that to protect the soul and descendant. Because if sexual violence does not occur, lives and descendant can be protected, which is what the PSGA actually hopes for.

PEMILIHAN HARI BAIK PERKAWINAN MASYARAKAT AENG PANAS SEBAGAI UPAYA PENCEGAHAN PERCERAIAN PERSPEKTIF MAQASHID AL-SYARI’AH

Ahmad Hafidz — 2024-06-15

This article explains a Javanese tradition, namely in the form of choosing a good day for marriage that occurs in Aeng Panas Village, Pragaan, Sumenep, in this case the people of Aeng Panas Village think that for couples who are going to get married they must look for a good day, because the selection of a good day in marriage according to the calculation has a positive impact and a negative impact, Positive impacts can launch and bring happiness to the bride and groom, the negative impact can bring bad luck and bad luck. Meanwhile, in the view of the Islamic context, it is not explained that there is an unlucky day or a bad luck bearer. This study uses a qualitative research approach using ethnography, which is research that describes a culture from a group of people, the culture in question is to understand and study the life of the individual studied through maqashid al-syariah. Based on research, it was found that the people of Aeng Village are hot when they are going to carry out a wedding first, they will go to their teacher or elders in the village who understand in terms of choosing a good day for the bride and groom. The background for choosing a good day is as a medium (washilah) for the safety of one's household, as well as maintaining traditions that have been passed down from generation to generation from ancestors. From the perspective of maqashid sharia, choosing a good day as one of the marriage rites is included in the category of al-maslahat tahsiniyyat (tertiary). The tradition contains positive values, namely for the safety of his household and to avoid divorce.