The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017

Jayusman, Jayusman

doi:10.22373/sjhk.v5i2.9166

Cited by 2 publications

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“…Thus, progressive law being implemented in Indonesia will positively impact the development of law in Indonesia (Jayusman et al 2021). The codification of Islamic law in Indonesia has received constitutional status based on philosophical, sociological, and juridical reasons (Sonafist et al 2020).…”

Section: Legal Analysis Of Death Sentences For Rape Defendants In Ind...mentioning

confidence: 99%

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia

Putra

Ahyani

2022

JIS

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Indonesia is a state of law related to the disparity in the decisions of different judges in deciding a case, especially in criminal decisions. A more in-depth study is needed, especially in the case of rape, where in rape cases in Indonesia, several judges have sentenced them to death. This study aims to uncover and explore the Internalization of Progressive Islamic Law (Mashlahat) in Amending Criminal Law in the Death Penalty by Judges Against Defendants in Rape Cases in Indonesia. Progressive Islamic Law promoting peace (Mashlahat) can realize legal protection and peace for the people of Indonesia. The approach in this study uses an empirical juridical approach. This research is also normative-legal, qualitative, and uses descriptive methods through literature studies. This research is sourced from various books, international journals, and national journals. The results of the study concluded that 1) Progressive Islamic Law Internalization in Indonesia in changing criminal law can be carried out by changing the law, which can be done through peace (maslahat) by prioritizing Islamic values rahmatan lil 'alamin in developing and incorporating Islamic legal values into the national legal system in Indonesia; 2) the occurrence of changes to criminal law in Indonesia which was decided by this Judge (Criminal Disparity), among others: a) the judge sentenced to life imprisonment; b) the death penalty; c) 12 years in prison; d) Castration punishment; e) 4 years imprisonment; 3) Internalization of Progressive Islamic Law towards changes in criminal law in Indonesia, when a court judge wants to decide his case, for example in a rape case, a decision can be made through the Mashlahat (peace) concept without having to decide the case with a life sentence or up to the death penalty, especially for perpetrators of rape.

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Section: Legal Analysis Of Death Sentences For Rape Defendants In Ind...mentioning

confidence: 99%

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia

Putra

Ahyani

2022

JIS

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“…Based on Article 2 Paragraph (1) of Law 1/1974 concerning Marriage which states that, "Marriage is legal, if it is carried out according to the law of each religion and belief". For liberal human rights activists and liberal religious leaders (Jayusman, Jaya, Julir, Tiswarni, & Hidayat, 2021), Article 2 Paragraph (1) is a provision that violates human rights. The reason is because it limits interfaith marriages for its citizens.…”

Section: Prohibition Of Interfaith Marriage From a Human Rights Persp...mentioning

confidence: 99%

Juridical Overview of the Prohibition of Interfaith Marriage from the Perspective of Human Rights and Criminal Law in Indonesia

Saragih

2022

JSRET

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Indonesia is a country that is famous for its multiculturalism, one of which is religion. Consequently, in living their lives, Indonesian people are faced with differences in various things, ranging from culture, way of life and interactions between individuals. The concern of the government and other components of the nation is the issue of inter-religious relations. One of the problems in inter-religious relations is the issue of mixed marriages (inter-religious marriages), which in this article are referred to as “interfaith marriages”. The condition of the pluralistic Indonesian society makes the association in society wider and more diverse. This has resulted in a more dynamic shift in religious values than what happened in the past. In fact, interfaith marriages in Indonesia are not justified based on positive national law that applies in the territory of Indonesia. It can be concluded that if the State legalizes interfaith marriages in Indonesia, the State is tantamount to violating the existing religious laws in Indonesia, and violating Article 29 of the 1945 Constitution which guarantees every citizen to embrace religion and worship according to their religion and belief, while Each religion has different procedures for marriage or worship. The view of human rights in Indonesia should refer more to the human rights arrangements contained in the 1945 Constitution, not to the UDHR which we ourselves do not know who made it and even what the agenda is for a country that is still very religious. Human rights in Indonesia, not secular human rights, which separate religion from the state, which legalize all means in the name of "human rights", this clearly contradicts the first principle of Pancasila, and this does not enter into the identity of the Indonesian nation. In this article, interfaith marriage will also be studied from the perspective of criminal law regarding its legality.

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The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017

Cited by 2 publications

References 0 publications

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia

Juridical Overview of the Prohibition of Interfaith Marriage from the Perspective of Human Rights and Criminal Law in Indonesia

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