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All Journal Mazahib FENOMENA: Jurnal Penelitian Qonun Jurnal Hukum Islam dan Perundang-Undangan Al-Usroh : Jurnal Hukum Keluarga Islam
Nugraha, Alfajar
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Religion Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pilkada Langsung Dan Pilkada Tidak Langsung Dalam Perspektif Fikih Siyasah Nugraha, Alfajar; Mulyandari, Atika
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.521 KB) | DOI: 10.21093/mj.v15i2.630

Abstract

Direct and Indirect Regional Head Election (Pilkada), has been a long debate in the life of a democratic society in Indonesia. With Islam as a religious social background of the majority of the people of Indonesia, this makes the debate cannot be separated from the Islamic jurisprudence (fiqh). This paper is to compare the two electoral systems in light of Islamic constitutionalism (fiqh syasah). This study uses the theory of maqasid sharia of the maslaha as a tool to analyze the comparison of the two electoral systems. The findings of this study suggest that there are some positive things on one side, and some negative things on the other side on each system of direct election and indirect election. Taking into account the benefit of both the local election systems, the study concluded that direct election has more benefits that outweigh the indirect election. Some of the public benefits include: the strengthening of the people's sovereignty and avoid injustice in society at large as part of the learning aspects of politics and government. Second, it will build a litigious society and law enforcement officers who act decisively and are nonpartisan, which in turn creates a reverent attitude of the people towards the leader. In the field of socio-economic, public and private investors’ confidence in the system and the results of the election will increase due to the political stability that is essential for the economy.Keywords: Regional head election in Indonesia, direct election, indirect election, fiqh siyasah in Islam
Reconstruction of Examination of Marriage Dispensation As a Effort to Protect Children Nugraha, Alfajar
FENOMENA Vol 15 No 1 (2023): FENOMENA VOL 15, NO. 1, 2023
Publisher : LP2M UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/fj.v15i1.3576

Abstract

Abstract Marriage dispensation is one of the problems that is still unfinished to be discussed where there is a lot of debate that the marriage dispensation is a legality of underage marriage on the grounds that the provision of marriage dispensation is not based on child protection even some decisions of the Religious Courts have become a material for criticism where the consideration of the judges' decisions is still considered "not properly constructed both in terms of examination procedures and in terms of substantial legal considerations, therefore the Supreme Court as the highest institution within the scope of the Judiciary has issued Supreme Court Regulation Number 5 of 2019 as a regulatory framework for the judges of course to determine the granting of marriage dispensation to the prospective bride and groom whose age is still below the age of marriage with reference to child protection efforts such as in the absence of coercion, psychological maturity, reproductive health and sexuality, as well as economic and educational readiness of the prospective bride and groom which are seen as factors that must be considered so that child protection efforts can be achieved.
PERKAWINAN ANAK SEBUAH KRIMINAL ? Abdul Basir, Muchammad; Nugraha, Alfajar
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.328

Abstract

The problem of child marriage does not only occur in Indonesia but in all parts of the world still have problems In child marriage, in child marriage there are often violations in the form of discrimination related to children's rights even if the violation is a crime for the parties involved because there is a criminal threat in it. Therefore, in this case, the author will analyze the extent of criminal elements that occur in child marriage by examining based on the theory of the state of law and the theory of punishment related to child marriage. This research was conducted qualitatively using a normative juridical approach. Qualitative methods are used to understand and explain social phenomena or human behaviour. The focus is on context, meaning, and interpretation of the data. This approach focuses on how principles or standards are used in positive law. Based on the results of the author's analysis several criminal elements can be criminalized related to child marriage, namely as contained in articles 287-288 of the Criminal Code with subjective and objective elements, namely the woman who is by the husband is his wife, who is not yet married and causes injuries then threatened criminally and in article 26 paragraph (1) point c of the Child Protection Law,  Parents have violated children's rights by not trying to prevent marriage at the age of children. So that everyone, including parents who intentionally or unintentionally have committed acts of discrimination against children which results in children experiencing both material and moral losses so that their social functions or neglect of children that cause children to experience pain or suffering, both physical, mental and social, are threatened with crime which in this case can be associated as forced marriage by examining that a child cannot provide Informed consent so that the possibility of marriage being coerced in the form of persuasion from someone, both parents, family, and other people is a form of discrimination.
The Maqashid Syari'ah Perspective on The Subsistence Obligations by "Fathers" Against Children Due to Adultery Nugraha, Alfajar; Asmuni, Asmuni
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol 8 No 1 (2024)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v8i1.8240

Abstract

The accommodation of the clause "civil relations" by the Constitutional Court Number 46/PUU-VIII/2010 became a polemic because it showed a relationship between "fathers" and their biological children and indirectly "legalizes" the relationship both with no marriage process. Seeing the MUI as one of Indonesia's Islamic institutions provided a firm interpretation with interpretation that it still negated the lineage relationship between the "fathers" and their biological children, and the fall of rights and obligations is due to the punishment of "fathers," not the "fathers" and children ties. as stated in the MUI fatwa No. 11 of 2012, but a question arises as to whether the fatwa is in accordance with the provisions of the Shari'a. Therefore, later in this article, we would analyze descriptively and analytically the linkages of the MUI fatwa mentioned above with the construction of shari'ah provisions through the maqashid shari'ah aspect. The results of this study can be concluded that the MUI fatwa Number 11 of 2012 has fulfilled the maqashid syari'ah aspect as the construction of kulliyatul al khams asy syatibi, with the dharuriyat level category in the context of hifz nafs and hifz nasl as a form of protection and prevention of neglect, especially by giving ta'zir punishment to men who cause birth to meet their needs and as a form of syadz al-dzari'ah adultery in the context of not linking the lineage of "fathers" to their biological children as protection against honor and descendants for a person as a human being who is glorious.
Co-Authors Abdul Basir, Muchammad Asmuni Asmuni Mulyandari, Atika