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Achmad Rizky Airlangga; Faiq Muhammad Zufar; Syahputra Aditya Kusrin Surbakti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Fairuz Sabiq; Muhammad Himmatur Riza; Masjupri Masjupri; Andi Mardian

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The determination of the beginning of the lunar month is an important issue in religious practice and the establishment of the Hijri calendar in Indonesia. The diversity of imkan rukyat criteria used across countries necessitates an evaluation of international standards, including the 2016 Turkish Criteria, which are considered more progressive with parameters of a minimum crescent altitude of 5° and an elongation of 8°. This article examines the relevance of the 2016 Turkish Criteria within the astronomical and jurisprudential context of Indonesia, as well as its implications for the process of determining the beginning of the lunar month by the government and Islamic organizations. Through literature review, comparative astronomical analysis, and examination of hisab–rukyat practices in recent years, this study finds that the 2016 Turkish Criteria exhibit strong astronomical consistency and can enhance calendar predictability. However, its application in Indonesia may lead to discrepancies with the government’s criteria, which currently require a crescent altitude of 3° and an elongation of 6.4°. These implications include potential differences in month beginnings, the need for harmonizing criteria, and the importance of dialogue between national and international astronomical authorities. This study recommends strengthening astronomical and jurisprudential assessments prior to adopting new criteria and encourages the integration of global data to improve the accuracy of the Hijri calendar in Indonesia.

Siti Kasiyati; Abdullah Tri Wahyudi; Muhammad Julijanto; Muhammad Taufiq

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyse the development and compare the legal politics of the Religious Court in Indonesia and Turkey. This study is library research with an interdisciplinary approach to historical-legal and comparative law research. This study presents a historical-legal perspective and a comparative analysis of the law to obtain similarities and differences in the legal politics of the Religious Court in Indonesia and Turkey. The legal politics of the Religious Court in Indonesia are divided into pre-Colonial, independence, and reform periods. In Turkey, the Religious Court is divided into three periods: before the Tanzimat, after the Tanzimat, and during Mustafa Kemal Atatürk's reforms. A comparative analysis of the law found that the Religious Courts in Indonesia and Turkey initially applied Islamic law. Still, later restrictions were placed on it in an attempt to abolish it. The difference is that the Religious Court in Indonesia still enforces Islamic law as a positive law in certain fields and regions. The Religious Court in Turkey was abolished and replaced by a regular Court based on European law. The existence of the Religious Court in Indonesia demonstrates the success of legal pluralism, while legal secularism has shifted legal pluralism in Turkey.

Ita Irianti Selan; Esrah D.N.A Benu; Diana S.A.N Tabun; Rudi Rohi

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is entitled “The Ecofeminist Movement of Mollo Indigenous Women in Rejecting Marble Mining (study: Rejection of Marble Mining in Fatumnasi Village, South Central Timor Regency)” which aims to understand and analyze the ecofeminist movement carried out by Mollo indigenous women in rejecting marble mining activities in Fatumnasi Village. The presence of marble mining in the Mollo indigenous area has posed a threat to Environmental sustainability, water sources, and cultural values that have long been the identity of the community. Through a descriptive qualitative approach, this study describes the role and form of resistance of Mollo indigenous women based on the ecological relationship between women and nature. Data were obtained through in-diepah interviews, field observations, and documentation of the head of Fatumnasi Village, traditional women’s figures, religious figures, community leaders, and youth leaders. The results of the study indicate that the movement to reject marble mining is not merely a form of protest against environmental damage, but also a form of ecofeminist awareness that emphasizes that women’s bodies and the body of nature are an inseparable whole. This movement is expressed through various acts of resistance such as traditional rituals, weaving, demonstrations, and customary deliberations, each carrying symbolic meaning about the harmony between humans and nature. Based on Françoise d’Eaubonne’s theory of ecofeminism, the Mollo women’s movement reflects critical awareness toward patriarchal and capitalist systems that exploit both women and the environment. Thus, it can be concluded that the ecofeminist movement of Mollo indigenous women in rejecting marble mining is a form of women’s struggle to maintain environmental sustainability and maintain cultural identity through loclah wisdom practices.Ecofeminism, Mollo Indigenous Women, Marble Mining, Fatumnasi Village, Environment

Flaviana Lidia Yuyun; Rex Tiran; Ambrosius Dedi A. Sinu

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is titled Analysis of the Incumbent's Defeat in the 2024 Regional Head Election in East Flores Regency (A Study of Antonius Hubertus Gege Hadjon's Defeat in East Adonara District), with the aim of analyzing the factors that led to the defeat of incumbent Antonius Hubertus Gege Hadjon in the 2024 Pilkada. This study uses Pierre Bourdieu’s political modality theory, including political, social, economic, and cultural capital. A qualitative approach with a descriptive method is employed, and data is collected through interviews with subjects consisting of the incumbent candidate, a religious leader, a youth leader, a community leader, two party representatives, and the success team. The study focuses on the support base in East Adonara District. The results of the study indicate that the incumbent's defeat was caused by the weakening of political capital, especially due to the vacancy in the regent’s position for two and a half years, which strengthened the opponent's position. This caused stagnation in public services and a decrease in the intensity of local government communication. In addition to these structural factors, weak internal party consolidation and public sentiment about uneven development also contributed to the defeat, indicating the incumbent's failure to manage his political capital amidst the dynamics of governance.

Anas Prasetya; Syarifuddin Syarifuddin; Muhammad Rifa Badawi

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2025 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

Modern society faces multidimensional complexities, ranging from spiritual crises and technological disruption to social inequality. Muslims, with their theological and intellectual capital, are often perceived as suboptimal in responding to these challenges contextually and applicatively. This article aims to analyze the fundamental problems faced by Muslims in formulating answers to the problems of modern society and to explore the strategic role of Islamic higher education institutions, specifically the Muhammadiyah University of Malaysia (UMAM), in bridging this gap. This research uses a qualitative approach with a case study method at UMAM. Data was collected through literature study, observation, and structured interviews with academics and policymakers at UMAM. The findings indicate that the main problems lie in: (1) the dichotomy between naqli and aqli sciences, (2) a static approach to religious texts, and (3) a lack of integrative and innovative solution models. UMAM strives to address these issues through three main strategies: integration of knowledge in the curriculum, problem-based research, and empowering community engagement. This article concludes that UMAM has the potential to become a model social laboratory of Islam that combines the Muhammadiyah renewal ethos with the Malaysian socio-cultural context to produce relevant, humanist, and rahmatan lil 'alamin solutions.

M. Al Ravi Azis; Koko Adya Winata; Laesti Nurishlah; Syifa Rohmati Mashfufah; Romi Wilza

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2025 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

This article delves into the application of gamification in Islamic Religious Education (IRE) for primary school students, focusing on its impact on motivation, emotional engagement, and learning psychology. It offers a systematic review of relevant studies, evaluating both the positive outcomes and challenges of using gamification in IRE. A thorough library research approach was used, drawing from academic journals, books, and conference papers. Key databases like Google Scholar, JSTOR, and ERIC were searched to identify studies published between 2010 and 2025. Studies that met specific criteria relevance to the topic, educational level, and a focus on gamification, motivation, emotional engagement, and learning psychology were selected. The findings suggest that gamification in IRE can significantly enhance student motivation, emotional engagement, and learning outcomes. Elements such as rewards, challenges, and interactive activities help create a positive learning environment, promoting better retention and understanding of Islamic teachings. Emotional engagement is particularly heightened when gamification is tailored to the cultural and religious contexts of the students, fostering a deeper connection to the material. The study emphasizes that incorporating gamification in IRE could enhance the overall educational experience for primary students, boosting their motivation and emotional involvement in learning. It also highlights the importance of designing gamified content that is culturally relevant and contextually appropriate to maximize the positive effects on student learning. The study recommends that educators, curriculum developers, and policymakers consider using gamification to improve the quality of Islamic education in primary schools.

Agatha Jumiati; Esti Aryani; Kesya Zhalibina Sunarto

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This research analyzes the legal status of zakat within the state financial system and explores its potential integration as a sharia-based fiscal instrument in Indonesia through a comparative study with Malaysia. In Islamic law, zakat functions both as a religious obligation and as a mechanism for wealth redistribution aimed at achieving social justice. However, under Indonesia’s positive law framework, zakat is still treated as a socio-religious institution outside the formal state fiscal system, as stipulated in Law Number 23 of 2011 on Zakat Management. In contrast, Malaysia has successfully integrated zakat into its Islamic fiscal policy through the authority of the State Islamic Religious Council (MAIN), which holds legal legitimacy as a regional public body. This study adopts a normative and comparative legal approach by examining statutory regulations, Islamic legal doctrines, and zakat institutional practices in both countries. The findings indicate that the integration of zakat into Indonesia’s fiscal system is constitutionally permissible and does not conflict with Article 23A and Article 34 paragraph (1) of the 1945 Constitution, as it aligns with welfare state principles and the state’s responsibility toward poverty alleviation. The legal implications of such integration include the establishment of lex specialis regulating zakat as a sharia fiscal instrument, harmonization with state finance laws, and the strengthening of institutional legitimacy and accountability in zakat management. Therefore, zakat holds significant potential to become a core pillar of Islamic economic law that supports economic equity and enhances national fiscal resilience.

Irfan Fauzi; Arini Nabila Azzahra

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

State-based conservation in Indonesia often faces institutional failure and social resistance, resulting in continued deforestation. Conversely, Indigenous conservation models in West Java, specifically the Leuweung Larangan (forbidden forest), demonstrate significant ecological resilience. However, the legal standing of these customary practices within Islamic jurisprudence remains under-theorized, creating a dichotomy between Adat (custom) and Sharia. This study proposes a juridical reconstruction of the Sundanese taboo mechanism (Pamali) as Jarimah Ta’zir (discretionary sanction) to strengthen environmental law enforcement. Utilizing a socio-legal approach and ecological hermeneutics, this research analyzes Yusuf al-Qardhawi’s concept of Fiqh al-Bi’ah and Seyyed Hossein Nasr’s sacred science, alongside relevant empirical data on Indigenous forest governance. The findings demonstrate that Leuweung Larangan structurally manifests as Hima Syar’i (sacred protected zone). Operationally, Pamali functions not merely as a cultural myth, but as a preventive legal instrument (Sadd al-Dzari’ah) where environmental violations constitute religious criminal acts. This creates a "Sundanese Eco-theology" model that establishes a double-layered compliance system—social sanctions and theological liability—proving more effective for carbon preservation than state regulations alone. The study recommends integrating this model into the Green Constitution framework to resolve tenurial conflicts and enhance climate resilience.

Keisya Amanda Putri; Adelia Dwi Ratri; Tria Patrianti

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study investigates how Lembaga Musik Pervagatus, a group that does not display Islamic identity, creates an Islamic musical image when performing at religious events in Islamic campuses.  This study investigates how visual elements, song selection, and stage interaction influence audience perception. It does so using qualitative methods through interviews and performance observations.  How the band's performative identity is influenced by attributes such as appearance, personality, cultural values, and audience relations is studied using Kapferer's Brand Identity Prism model.  Conversely, Stuart Hall's theory of representation helps explain how Islamic meaning emerges in the context of events. The results show that the image of Islamic music attached to Pervagatus does not originate from the band's original identity; rather, it is a construction of meaning influenced by the context of religious events and the audience's interpretation of the song ‘Maulana Ya Maulana’ that they performed.  This perception was further reinforced by their neat, polite, and enthusiastic appearance.  The results show that the relationship between performance, context, and audience interpretation shapes the image of Islamic music on campus.

Saka Shofa'il Asroor

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Nurwihda Ramadani; Sakina Sakina; Putri Abelia Z; Kurniati Kurniati

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.

Fery Suryono

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.

Aisha Salsabila; Raisa Diaz Aisya; Nurul Aeni; Febriana Nurrahmania F; Alif Khomsani Margi Utami

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Islamic boarding schools play a strategic role in national development, not only as religious educational institutions, but also as agents of social and economic empowerment for the people. Law No. 18 of 2019 strengthens their position in the national legal system, in line with the values of Pancasila, which emphasizes social justice and respect for diversity. This study aims to analyze the position of Islamic boarding schools within the national legal framework, emphasizing the relevance of Pancasila and their contribution to strengthening the economy of the Muslim community. The method used is a qualitative approach with normative-legal literature study and qualitative analysis of regulations, literature, and practices of economic empowerment in Islamic boarding schools. The results of the study show that Islamic boarding schools have legal legitimacy as independent institutions in education, da'wah, and community empowerment, while also playing a role in developing cooperatives, micro-enterprises, and santri-based entrepreneurship. Thus, Islamic boarding schools have proven to be important actors in strengthening the economy of the Muslim community and implementing the Pancasila value of social justice.

Nadilla Dewi Ningrum; Dori Efendi; Mariatul Qibtiyah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes how strategi politik identitas is systematically used by K.H. Rifa’i, S.H. in winning the 2024 Provincial DPRD Election of Jambi in the Bungo–Tebo Electoral District. The main issue of this research stems from the strong influence of identitas keagamaan in the political behavior of Jambi’s majority Muslim society, making religious figures occupy a strategic position in electoral contests. This study aims to explain the process of mobilizing identitas keagamaan, utilizing social networks based on pesantren, and constructing a religious image as political capital that contributes to electoral victory. The analysis integrates the concepts of politik identitas and voter behavior as a foundation to understand how collective identity and psychological perceptions of society work in determining political preferences. This study employs a qualitative approach with a case study method, using interviews, observation, and document analysis as the main data collection techniques. The results show that identitas keagamaan, jaringan pesantren, relationships with local religious groups, and the use of religious symbols become determining factors that shape emotional closeness and political trust among the community. This strategy enabled K.H. Rifa’i to obtain the highest votes and outperform the incumbent candidate. The contribution of this research lies in a comprehensive mapping of how politik identitas operates within a local religious political context, and how this strategy can alter electoral configurations and political support patterns at the regional level.

Anizar Maulana Ibrahim; Ashadiva Dinanti Puteri; Ahmad Ridho; Alif Musyafa Karim

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study is motivated by the emergence of public controversy surrounding the alleged sexual harassment case involving the preacher Gus Elham, which has sparked widespread debate about ethical boundaries in da’wah activities. This phenomenon reflects a moral and social crisis in contemporary da’wah practices, particularly in relation to power relations, child protection, and the moral responsibility of religious figures as public role models. This study aims to analyze violations of da’wah ethics in this case from moral and social perspectives, as well as to identify its impact on public trust in preachers and religious institutions. The method used is a descriptive qualitative approach through the analysis of online news, public statements, social media posts, interview recordings, and da’wah-related content associated with the case. The findings indicate that the actions in question not only violated norms of decency but also revealed a failure to understand principles of child protection and ethics of da’wah based on akhlakul karimah. Socially, the case demonstrates a moral crisis affecting religious authority and an increase in public skepticism toward religious figures. The implications of this study emphasize the importance of formulating stricter da’wah codes of ethics, strengthening ethical literacy among preachers, and integrating child protection values into da’wah practice to prevent similar cases from recurring.

Pujangga Candrawijayaning Fajri; Wahyuni, Hesti Ayu; Dewi, Monica Puspa

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this service is to increase the understanding of students at the Darul Falah Islamic Boarding School in Purwokerto regarding civic politics, which is currently experiencing a rather acute erosion, even tho civic politics is an important aspect of nationhood; it guaranties the right to life, the right to equal treatment and recognition before the law, the right to think, the right to express opinions, and the right to assemble. In this case, the method used is socialization based on a participatory approach thru lectures, discussions, and statements of attitude. The results of this service activity show that after the presentation of material on the history of santri and the rights of citizens, enthusiasm arose among the santri of Pondok Santri Darul Falah Purwokerto regarding the inherent rights and obligations of all citizens. Students can actualize civic politics by integrating religious sciences, such as by contextualizing environmental jurisprudence in response to the massive environmental damage occurring thanks to state policies. This service activity encourages the role of santri in the state, which was initially only stigmatized as being limited to the realm of seeking religious knowledge and preaching.

Syaiful Syaiful; Maudhy Satyadharma

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Transportation development is a key foundation for increasing economic growth, regional connectivity, and the quality of public services. In Southeast Sulawesi, Governor Andi Sumangerukka's vision of "Advanced, Safe, Prosperous, and Religious" demands a transportation transformation that focuses not only on physical development but also on governance, technology, sustainability, and the socio-cultural values ​​of the community. This article presents a critical review of this vision and mission by examining the readiness of the transportation sector, the role of the Provincial Transportation Agency, the opportunities and challenges of transformation, and policy recommendations. This study employed a qualitative approach. The research activities were conducted at several transportation infrastructure facilities under the jurisdiction of the Southeast Sulawesi Provincial Transportation Agency for two months, from September to October 2025. The study shows that although the development direction reflects the strategic needs of the archipelago, significant challenges remain, such as inter-island connectivity, gaps in transportation services, data digitization, and a culture of safety. Pentahelix-based, ecological, and technology-based transportation reforms are key to achieving the regional development vision.

Hasyarania Hasyarania; Nurjihad Nurjihad

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

Khusnul Khatimah; Fanti Rahmania Ramli; Kurniati Kurniati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Artificial Intelligence (AI) is a technology that has had a significant impact on various aspects of life, including science. Recent developments in AI have shifted the traditional boundaries of knowledge production and distribution, including in the religious realm. This research aims to fill the epistemological gap in contemporary Islamic legal thought by offering an integrative framework between traditional ijtihad and supervised digital ijtihad practices. This research uses a normative-qualitative (juridical-normative) approach. The researchers found that AI has the potential to be an effective tool for strengthening religious moderation, particularly through digital education, the dissemination of messages of tolerance, and the dissemination of counter-narratives against radicalism. For example, da'wah chatbots and digital interpretation applications can expand moderate religious literacy. However, the research also highlights various challenges, including epistemological issues stemming from AI's lack of a scientific chain of command, the risk of shifting authority from scholars to technology, and the lack of legal regulations governing responsibility for AI-generated religious content. Therefore, specific regulations and collaboration between scholars, the government, and technology developers are needed to ensure that AI continues to support the maqāṣid al-Shari'ah (the principles of Islamic law) and religious moderation.