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All Journal Smart: Journal of Sharia, Tradition, and Modernity
Siti Nurjanah
Lecturer State Islamic Institute Metro Lampung
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION OF CHILD VICTIMS OF SEXUAL VIOLENCE AS A CONTINUOUS PROTECTION MEANS (Islamic Law Studies and Psychoanalytic Psychological Theories) S. Sulastri; S. Suharto; Z. Zuhraini; Siti Nurjanah
SMART: Journal of Sharia, Traditon, and Modernity Vol 1, No 2 (2021): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.151 KB) | DOI: 10.24042/smart.v1i2.10976

Abstract

Child protection is a right that must be obtained by children as it has become their rights as stated in the law. Child protection is a guarantee for its part to be upheld because in the constitution there is a guarantee of human rights, especially if you have been a victim of sexual violence. This article aims to find out how legal protection is for Child Victims of Sexual Violence and from the point of view of Islamic law and psychoanalytic psychology theory, which in the end can become sustainable protection. As a country that has various religions, there is Islam which plays a role in providing enlightenment, which is described in Islamic law with various theories. In addition, psychological impacts occur for children, will affect development so it is necessary to know how efforts must be made in terms of Psychoanalytic Psychology theory for this is an ongoing protection given to children as victims of sexual violence. This study uses a qualitative method with subjects AM (14 years) and MT (12 years) who are victims of sexual violence and stepfather perpetrators. The results of the research are: Legal protection must still be obtained, even though there has been a statement of forgiveness by the child as a victim inasmuch as this is clearly influenced by the psychological energy of anxiety caused by him getting wrong treatment from people who must provide protection to him. Islamic law exists so that children get their rights, including protection, education rights, custody rights, housing rights, the right to make choices, the rights of opinion and rights as children who are the hope of the nation.Keywords: Legal Protection, Child Victims Of Sexual Violence, Continuous Protection Means, Islamic Law, Psychoanalytic Psychological Theories
DOWRY FUNCTION IN PERSPECTIVE OF MUBADALAH Siti Zulaikha; Siti Nurjanah; Mu'adil Faizin; Agus Salim Ferliandi
SMART: Journal of Sharia, Traditon, and Modernity Vol 2, No 1 (2022): SMART: Journal of Sharia, Tradition, and Modernity
Publisher : SMART: Journal of Sharia, Traditon, and Modernity

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.778 KB) | DOI: 10.24042/smart.v2i1.11064

Abstract

Dowry is a gift from a husband to his wife which is done at the time of the marriage contract. Dowry is something that is not included in the conditions and pillars of marriage, but it must exist. Meanwhile, mubadalah is an approach used to understand the verses in the Qur'an which are general in form but at first glance, they seem to be biased towards one gender, or specifically for men where women are not addressed, and specifically women and men have not been addressed. so that the main message of the text can then be applied to the two sexes. This paper aims to examine the function of dowry using a young perspective which will use the literature study method, with data sources from all literature discussing dowry and mubadalah. The analysis will be carried out using qualitative methods with deductive thinking. In the discussion, it is known that dowry in the perspective of mubadalah is a provision that is set to strengthen the position of women. So it can be concluded that the dowry is actually to uphold the honor of women, so that the higher the appropriateness of the dowry given voluntarily, it can be considered as an indicator that the husband is committed and can prove his promise of sincerity. Keywords: Dowry, Mubadalah, Level of Appropriateness
Co-Authors Agus Salim Ferliandi Faizin, Mu'adil S. Sulastri Siti Zulaikha Suharto Z. Zuhraini