Vol. XI, No. 2, September 2010-Januari 2011
Addiarrahman
Abstract
The desire to form the state base on islamic law (read; formalization of islamic law) which is sound-back post reformation era, create Muslim-Christian relation or with non-Muslim in generally have been convulsively. Every religion group, had been hidding the feeling threatened (perasaan terancam) that was colonial heritage. This is more sensitive and make the conflict among them frequently. Deservedly, antagonistic discourse must be avoid and deep communication very important to make religious live more tolerant, harmonious, and peaceful. This is vary difficult if we not begin with revealed the moment of history that had a long time been making the collective memory those feeling threatened. By these reason, this writings made one.
Keywords: formalization of Islamic Law, muslim-christian relation, feeling threatened, collective memory
Kawin Beda Agama dalam Legislasi Hukum Perkawinan Indonesia Perspektif HAM
Faiq Tobroni
Abstract
In the universal standards and appropriate covenants on civil and political rights is stated that any institution is not allowed to handcuff someone’s freedom to choose a partner. However, in practice in the context of Indonesia is not as easy as that discourse. In this context the concept of utilitarianism Maqashid Shariah and legal formulation laid spirited serious benefits. Two of these concepts turned out to affect the dynamics of the formulation of the rules of marriage in Indonesia. In Article 2 of the Act No.1 / 1974 of the marriage has been declared that the marriage is valid if conducted according to religion and belief. Furthermore, a very sharp contradiction is visible on the existence of Presidential Directive 1991 on the Compilation of Islamic Law and Counter Legal Draft of Compilation of Islamic Law. In the CLD-KHI in Article 54 states unequivocally that interfaith marriages are allowed to keep records to fulfill the purpose of marriage, the happiness of the couple. Here, the formulation is consistent with the concept of utilitarianism serious benefits. In the context of human rights, human happiness (the couple) would be used as a right that can not be reduced under any circumstances (non-derogable rights), while the interest of following the religion as an interest that could be reduced in certain circumstances (derogable rights / interests).
Keywords: pernikahan, agama, hukum keluarga, dan fiqh
Hak Non Muslim Terhadap Harta Waris (Hukum Waris Islam, KHI dan CLD-KHI di Indonesia)
M. Syafi’ie
Abstract
This paper discusses the pros and cons of the inheritance rights of non-Muslims in the treasury of Islamic thought., Differences of opinion concerning the inheritance rights of non Muslims are preceded by a difference of opinion about terminology or infidels and apostates. Differences of opinion Ulama ‘of classical and contemporary Islamic thinker in this matter was influenced instrumentation Islamic family law in Indonesia. Fiqh opinions as expressed by the scholars’ classic especially Imam Shafi’i become the foundation of family law in Islamic Law Compilation (KHI) as the Presidential Instruction No. 1 of 1991. According to the rules of KHI Article 171 (b, c), religious differences between muwarris and heir of a barrier right to inheritance. While the opinion of contemporary Islamic thinkers such as Abdullah Ahmed An-Na’im and Asgar Ali Engineer, an inspiration ijtihad discussion CLD-KHI. In chapter 2 CLD-KHI mentioned that the problem of different religions is not a barrier because of the legacy inherited. CLD-KHI drafting team believes, religious discrimination in inheritance rights is part of a form of discrimination, injustice and violation of human rights and should be replaced with a more contextual.
Keywords: hak, waris, non muslim, keadilan, dan HAM
HAM dalam Ruang Domestik: Studi terhadap UU. No. 23 Tahun 2004 Tentang PKDRT
Habib Shulton Asnawi
Abstract
This article describes about Domestic Violence: Perspectives of the Act. No. 23 of 2004 on Domestic Violence: An Effort In the Struggle for Human Rights “Human Rights”. Women’s issues that dimapankan for several generations until today is in line with the process of strengthening the traditional Islam (classical), which tend to be conservative and literal in understanding the religious messages and doctrines that exist, patiarkhi an established cultural constructs are universally and lasts for centuries, and the justification of authority backed by the state law. Therefore, this condition resulted in follow-up of violence by husbands against wives. Domestic violence (domestic violence) can be positioned as a result of which was born from a gender-biased social system. All forms of violence, particularly Domestic Violence (Domestic Violence) is a violation of human rights (human rights), and the evil of human dignity and a form of discrimination that must be removed.
Keywords: gender, ketidakadilan, kekerasan dalam rumah tangga, kebijakan pemerintah, dan hak asasi manusia
Perkawinan di Bawah Umur Perspektif HAM- Studi Kasus di Desa Bulungihit, Labuhan Batu, Sumatra Utara
Nurhidayatuloh dan Leni Marlina
Abstract
Paper below highlights the phenomenon of early marriage or underage marriage is happening in the Village Bulungihit, Labuhan Batu, North Sumatra that is with so many marriages occur with age that is still relatively young, especially from the candidate’s wife. Marriage is the case because of the influence of culture, arranged marriages, lack of education, economy, society is too free, and the willingness of the children themselves. Parents assume if a woman can read and write was considered sufficient, no need to continue their education to the next level. Because girls will eventually go back to the kitchen as well. With regard to the regulation of marriage rights under this age can be considered to violate the human rights provisions. Moreover, by manipulating the age of marriage will solve the problem, instead, will actually create new problems with regard to psychological kekurangsiapan child who married a minor. For that countries should take firm action against violations of human rights
Keywords: pernikahan, bawah umur, Sumatra Utara, dan HAM
Perlindungan Anak dalam Perspektif Hukum Islam dan HAM
Imran Siswadi
Abstract
In Islamic Law and the Act of the Republic of Indonesia Number 23 of 2002, on protection of children. Such protection is the protection from acts of violence against children in the household. Because it is a violation of the rights of children, since it is incompatible with human values and religious teachings. In Islamic law and this law a child’s rights are actually protected from the womb to age 18 years or until marriage. But from these two sources of law provides for tolerance “violence” as long as it does not affect on the physical and mental development as a means of education to the children, but still not violate the rights of a child. Both the Islamic Law and the Act No. 23 of 2002 regulates the protection of children in the womb until age 18.
Keywords: hukum Islam, perlindungan anak, undang-undang, dan HAM
Kuasa Hak Ijbar terhadap Anak Perempuan Perspektif Fiqh dan HAM
Arini Robbi Izzati
Abstract
This article discusses the rights of carers based on the opinions ijbar priest sect. Authorization rights ijbar guardian provide more authority for a guardian to marry off their daughters without first asking approval from the child. This is because a guardian is considered the most knowledgeable people about what is best for his daughter, so this happiness perspective formulated by the guardian. Women are considered not proficient in formulating the best things for him. Therefore, her consent is not a priority. In this case a gap between girls and parents, where full power is finally monopolize the interests of women. Right ijbar guardian has the potential to cause various kinds of violence against women which was distanced from the goals of marriage itself. Luckily the Marriage Law in Indonesia does not recognize the concept of rights ijbar. Just as education in the pesantren, one of the institutions of informal education, education curriculum was introduced that the materials are biased patriarchy. Book uqud dul lujain for example, used as the principal study on marriage presented with even marginalize women disproportionately.
Keywords: wali, ijbar, pernikahan, keluarga, dan HAM
Meredam Kemelut Kontroversi Nikah Sirri (Perspektif Maslahah)
Masnun Tahir
Abstract
At first Islamic-either the Koran or the as-Sunnah are not set in concrete, about the recording of marriage. This is different from the verse muamalah that in certain situations instructed to record it. This is sometimes the legitimacy of certain circles for a wedding or marriage is not registered under the hand (Sirri). Demands of development, with a variety of benefit consideration, the Islamic law in Indonesia, set it as in the discussion of this article. Therefore, discourse is also important that the recording of marriage is a way to protect the rights of wives and children. Because Indonesia’s strong evidence that marriage is a marriage deed itself. Even the public also needs to be given the understanding that marriage is not listed on the side is not legal under the state also is not valid according to religion. Furthermore, from the standpoint of the State legislation, should be given criminal punishment for couples who do marry are not listed.
Keywords: nikah sirri, maslahah, pembaruan, pluralisme hukum
Book Review: Kebebasan Beragama Perspektif Hak Asasi Manusia
Yusdani
Kebebasan agama atau keyakinan (freedom of religion or belief) merupakan salah satu bagian penting dari Hak Asasi Manusia (HAM). Meski hampir tidak ada lagi perdebatan substantif tentang esensialnya subjek ini. Akan tetapi kebebasan agama dan keyakinan masih menghadapi masalah dan kendala tertentu di berbagai belahan dunia, termasuk di Indonesia. Karena itu, kebebasan beragama atau berkeyakinan masih perlu perjuangan secara terus menerus pada berbagai level kehidupan.
