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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : 28298373     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
A Comparative Study of Blasphemy Law in Indonesia and America: Religious and Legal Aspects Febrianti Dwi Puspaningrum; Christoper Theovino Adhi
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.59064

Abstract

Article 29 of the 1945 Constitution states that the state is based on the One Godhead and the state guarantees the independence of each resident to embrace their own religion and to worship according to their religion and beliefs. The United States guarantees the freedom of worship and practice of religion for every citizen. This is stated in the first amendment to the United States Constitution which reads, "Congress does not make laws regarding the formation of a religion or prohibit freedom of religion; or restrict freedom of speech, or freedom of the press, or the right to peaceful assembly, and the right to petition for demanded compensation and lodged a complaint with the government." Based on the constitutions of the two countries, it is clear that freedom of religion and the right to embrace religion are protected by the state and everyone is obliged to respect the beliefs held. Although constitutionally freedom of religion has been regulated by each country, the potential for criminal acts of blasphemy still exists. The policies of two different countries are influenced by the government system adopted by Indonesia using the Criminal Code as a basis for punishment for perpetrators of blasphemy, while the United States does not federally regulate blasphemy, but states are given the authority to provide protection for their citizens by making legal products that impose penalties for blasphemy.
A Discourse of Capital Punishment in the Islamic Law and Human Rights Law Muhammad Eko Saputro; Andhika Febriansyah; Faradisya Diandra Putri
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66291

Abstract

The death penalty for convicts is an age-old subject to a lot of criticism from various quarters. The implementation of the death penalty is considered inconsistent with the principles of human rights which are principles of international law where countries cannot refuse because of common alignments, namely the right to life. The punishment of m ati raises pros and cons in Indonesian society, some agree with this punishment because the death penalty intends to protect the public interest and not a few oppose it, they argue that the death penalty is contrary to human rights principles. This fact encourages the author to examine the implementation of the death penalty based on human rights and Islamic law, this is because the majority of Indonesians are adherents of the Islamic religion and also because the implementation of the death penalty is still carried out in Indonesia in certain crime cases. To examine this conflict, the author uses a normative juridical method with the conclusion that the death penalty is contrary to human rights because it eliminates the right to life for a person, but the implementation of the death penalty can be justified if the implementation of the death penalty is carried out in order to protect human rights and is also imposed on convicts who commit crimes beyond the limits stipulated in the legislation.
Reconstruction of Sharia Tourism in the New Normal Era Through the Implementation of the Halal Tourism Concept in Indonesia Rizqiya Lailatul Izza; Adelia Arnanda Arifin; Ulifah Anggarini
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66293

Abstract

Recently, Indonesia has entered the new normal era, where every daily activity must comply with health protocols, including in the tourism sector. The pandemic period also had an impact on the decline in tourists at various tourist objects, including halal tourism. This article discusses how to implement the concept of halal tourism and strategies during this new normal period. By using descriptive analytical method, the writer explains the findings and discussion in this article. Which with the concept of halal tourism, Muslim visitors still feel comfortable when visiting tourist attractions. In addition, to restore the tourism sector, the government has planned a new normal era tourism strategy.
Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah Zainurohmah; Marcelia Puspa Andini; Anisa Vira Damayanti
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66295

Abstract

Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved after the married couple divorces is the problem related to the division of common property. Indonesia is a country where most of its citizens convert to Islam so knowledge related to how to regulate common property in marriage according to Islamic Law is important to discuss. This study aims to examine property in marriage with the perspective of Islamic Law. This type of research is normative juridical research with a statutory approach. The results showed that joint property according to Islamic law is that there is property obtained either singly or with the husband and wife during the marriage bond. According to the Compilation of Islamic Law, the division of common property in the event of a divorce, be it a dead divorce or a living divorce, the spouse is entitled to obtain half of the amount of common property as long as it is not otherwise specified in the marriage agreement.
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law Adlian Aldita Alif Aisyah Ainur Khoyum; Bertha Amilia; Candra Hafidz Ardana
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66343

Abstract

At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia Atha Difa Saputri; Ricky Julianto
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.67671

Abstract

The practice of samen leven or cohabitation is a violation of the religious and cultural norms of Indonesian society, but semen leven is increasingly common in today's modern society, especially in Indonesia and Malaysia. The rise of this cohabitation shows a decline in moral and religious values ​​in society. Discussion in this article will cover various regulations related to semen leven or (cohabitation) included in the previous or new Criminal Code and discuss various polemics around them. Then it will also be discussed how legal, religious, and social perspectives are on the practice of semen leven and how the sanctions are imposed. The purpose of this paper is to understand the legal views governing the act of cohabitation as well as efforts to deal with the problem of samen leven in Indonesia by comparing and analyzing a comparison of the two views of the legal system that applies between Malaysia and Indonesia towards the practice of cohabitation. The approach research method that we use is carried out through a literature review and normative juridical methods using primary sources in this study in the form of the Criminal Code, Law Number 1 of 1974 concerning marriage, the 1984 Islamic Family Law concerning marriage and divorce in Malaysia. Secondary sources in the form of all legal publications, including textbooks, legal dictionaries, legal journals, legal articles, and comments on court decisions. KEYWORDS: Samen Leven, Cohabitation, Legal Comparasion.
Ownership Status of Implementation of Assets in Mixed Marriages Bintang Nur Rohman; Vina Durrotul Mukhoyyaroh; Adelia Arnanda Arifin
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.68854

Abstract

The division of assets is often the main problem in divorce cases. It's like a treasure trove that becomes a problem for both parties. This article discusses the status of ownership of fixed objects on the division of assets in mixed marriages. By using research that is qualitative in nature and sourced from the law as a primary source and research results as a secondary source of law. The author describes the findings and discussion in this article. Which marriage can also result in the complete absence of gono gini property but the husband's property remains the husband's property and the wife's property also remains the wife's property. The division of assets by types of fixed objects in arbitrary assets is also one of the main issues that becomes a problem.
Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era Rifki Fakihudin
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.68868

Abstract

Problems in the contemporary era provide challenges for policy makers in the formulation process, the use of Islamic law as a basis for making a policy is a step that must be tried because Islamic law has a firm and binding nature, but in the application of Islamic law in Indonesia with the diversity of its society must be adjusted first. In making a public policy, it must pay attention to several factors regarding what factors are needed to achieve a successful policy. The use of Islamic law in Indonesia has been applied since ancient times, this is influenced by the majority of the Indonesian population who embrace Islam, but in its determination it is only intended for special policies. In using Islamic law as a reference in making a public policy, it must be accompanied by in-depth research on how Islamic law can solve a problem in this contemporary era which has many new problems that arise. Research on the use of Islamic law as the basis for making a public policy must be based on reliable sources The Koran as a guide to human life is the source of the process of making public policy.
Early Marriage and Implications for Future Orientation in Islamic Law Farel Rifandanu; Ayu Febrianti
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.69114

Abstract

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage has stated that someone who wants to get married must be at least 19 years old. However, in practice, underage marriages or early marriages are still developing in society, especially in the city of Semarang. Even though Islamic law does not prohibit early marriage, it can cause various impacts that are more likely to be negative in achieving the future of children. The formulation of the problem used is why early marriage is still developing in society and how is the impact of early marriage on the future orientation of children in the Semarang City area. This study uses a normative juridical type with a statutory approach and a conceptual approach. The results of the study show that the impact of early marriage will be felt on a person's future orientation which includes one's education and career, one's reproductive health, psychological and even economic.
Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation Nurul Fazrie Fitriani; Elvita Trisnawati
Contemporary Issues on Interfaith Law and Society Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i2.69252

Abstract

The absence of a law that strictly prohibits female genital mutilation in Indonesia has increased the number of women and girls victimized by this practice. While some communities may justify female genital mutilation as a religious practice, there is no religious justification for this, and neither is Islam, the dominant religion in Indonesia. The United Nations has defined female genital mutilation as a harmful practice that can cause physical and psychological harm to women and girls. Moreover, it is also closely linked with violations of the right to freedom of religion or belief. This qualitative research uses a normative approach by analyzing Indonesian laws related to female genital mutilation and its compatibility with international human rights legal obligations. This research describes Indonesia's role in preventing, addressing, and protecting women and girls who have undergone female genital mutilation. The results show that Indonesian laws on female genital mutilation do not comply with international human rights laws, which prohibit all types of female genital mutilation practices. This research suggests that the Indonesian government should take all measures to eliminate the practice of female genital mutilation through legal action, creating binding and gender-perspective regulations and policies. Eliminating female genital mutilation will contribute to achieving gender equality and women's empowerment in Indonesia, as the country's commitment to the Sustainable Development Goals.

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