QISTHOSIA : Jurnal Syariah dan Hukum

Praktik Kawin Tangkap (Piti Rambang): Konflik Hukum Adat dengan Hukum Perkawinan Nasional dan Hukum Islam

Wiwin, Auliah Ambarwati, Johamran Pransisto, Irwan Surya Darmawan, Irwan — Sun, 29 Jun 2025 00:00:00 +0800

The practice of kawin tangkap is a traditional custom in Sumba in which a man or his family unilaterally abducts a woman to be married without her prior consent. This practice has sparked controversy due to its perceived violation of women's rights, while on the other hand, it is regarded by some as a part of customary law. This study aims to analyze the legal standing of the kawin tangkap practice from the perspective of Law No. 1 of 1974 on Marriage and Islamic law. The research employs a normative legal method with a statutory approach, analytical approach, and Islamic legal approach. The findings indicate that the practice of kawin tangkap is in conflict with Article 6 paragraph (1) of the Marriage Law, which explicitly requires the consent of both prospective spouses as a condition for a valid marriage. Consequently, a marriage conducted through kawin tangkap may be annulled pursuant to Article 22 of the Marriage Law. Furthermore, kawin tangkap contradicts Islamic law as it involves ikrah (coercion) in marriage, which is prohibited by Islamic principles and Article 16 paragraph (1) of the Compilation of Islamic Law. Although kawin tangkap is rooted in customary law, its enforcement cannot be legitimized as it violates Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (which requires customary law to align with the principles of the Republic) and the theory of receptie a contrario (which mandates that customary law must conform to Islamic law).

Reinterpretasi Ḥifẓ an-Nasl menurut At-Ṭāhir bin ‘Āsyūr dan Relevansinya terhadap Konsep Ketahanan Keluarga

Alwan Subaki, Khafid Abadi Khafid — Sun, 29 Jun 2025 00:00:00 +0800

This article explores the reinterpretation of the concept of ḥifẓ an-nasl by contemporary maqāṣid scholar Muhammad At-Tahir bin ‘Ashur and its relevance to the development of family resilience. Unlike classical scholars who tend to view ḥifẓ an-nasl in a protective sense—mainly through the prohibition of adultery to safeguard lineage—Ibnu ‘Āshūr offers a more proactive and comprehensive approach. He incorporates aspects of education, economy, social well-being, and psychology as integral parts of lineage protection. This study employs a qualitative library research method using the maqāṣid asy-sharī‘ah framework. The findings indicate that the expanded concept of ḥifẓ an-nasl supports the strengthening of five key indicators of family resilience: family unity, physical resilience, economic stability, social cohesion, and psychological well-being. Thus, Ibnu ‘Āshūr’s thought provides a significant contribution to building families that are not only legally valid but also holistically strong and prosperous in the face of modern challenges.

Penyidikan Tindak Pidana Pembunuhan Berencana Yang Secara Kolekti: Studi Kasus di Polres Bengkulu Tengah

Ela Darma Pertiwi, Alauddin, Rosmanila — Sun, 29 Jun 2025 00:00:00 +0800

This article analyzes the investigation process of premeditated murder committed collectively within the jurisdiction of the Central Bengkulu Police Department. The study employs an empirical legal method with a socio-legal approach, relying on interviews with investigators, perpetrators, and victims’ families, as well as an examination of official documents. The findings reveal significant obstacles, including the perpetrators fleeing across regional boundaries, strong solidarity among the offenders, and the destruction of evidence. Investigators adopted cross-sectoral strategies and utilized forensic technology to overcome these challenges. This study emphasizes the importance of inter-agency coordination and an integrative approach in handling collective crimes.

Direksi Hakim atau Kepatuhan Hukum: Analisis Dasar Pertimbangan Putusan Bebas dalam Perkara Korupsi di Pengadilan Tipikor Bengkulu

Tari Corisa Ariani Putri, Alauddin, Ependi — Sun, 29 Jun 2025 00:00:00 +0800

This research seeks to examine the basis of judicial reasoning behind the acquittal of defendants in corruption cases at the Bengkulu Corruption Court. The research employs an empirical legal approach using interviews, observation, and literature review techniques. hese problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level. hese problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level.. The challenges identified include a lack of independent witnesses, incorrect application of legal articles, and administrative irregularities during court proceedings. These problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level. The study recommends improving inter-agency coordination among law enforcement bodies and enhancing judicial capacity in handling corruption cases.

Perlindungan Konsumen Online Dalam Perspektif Maqāṣid al-sharī‘ah: Studi Sosio-Legal di Indonesia

Herman Herman, A Edeth Fuari Anatasya — Sun, 29 Jun 2025 00:00:00 +0800

The digital economic transformation has massively expanded online transactions, yet it has also triggered various challenges concerning consumer protection. In this context, maqashid al-shari'ah offers a comprehensive philosophical framework for establishing fair and maslahah-oriented e-commerce regulations. This study aims to examine how the principles of maqashid al-shari'ah can serve as a foundation for formulating consumer protection regulations in online transactions through a socio-legal approach. The method used is normative legal research with a socio-legal approach, analyzing e-commerce regulations in Indonesia and interpreting them based on maqashid values such as hifz al-mal (protection of property), hifz al-nafs (protection of life), and hifz al-'aql (protection of intellect). The findings reveal that regulations based solely on a positivist approach have not optimally safeguarded consumers from risks such as fraud, data theft, and transactional injustices. Integrating maqashid al-shari'ah into e-commerce regulation enriches the protective dimension by embedding values of justice, welfare, and transparency, thereby strengthening consumer trust within the digital ecosystem. This study recommends the formation of regulations grounded in maqashid values and the need for legal reform based on a contextual understanding of the dynamics of digital society to achieve effective and equitable consumer protection.

Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi

Sun, 29 Jun 2025 00:00:00 +0800

This study aims to analyze the juridical aspects of granting remissions to prisoners convicted of corruption crimes, focusing on the legal requirements and their alignment with Indonesian law. The primary questions addressed include the conditions under which remissions are granted, particularly within a moratorium framework, and how these legal regulations synchronize with other relevant laws in Indonesia’s legal system. The research employs a normative legal methodology, reviewing relevant legal materials, theories, principles, and regulations related to the issue. The main findings reveal that the legal requirements for remissions are stipulated in several government regulations, with notable differences between criteria for ordinary and extraordinary crimes, specifically for corruption offenses where stricter conditions are applied, complicating prisoner eligibility. Additionally, legal inconsistencies exist because the moratorium on remission for corruption prisoners conflicts with constitutional provisions and human rights laws. The study emphasizes the urgent need to revise existing regulations to prevent unconstitutional policies, advocating that the government, especially the Ministry of Law and Human Rights, should adhere to principles of correctional principles and human rights in the formulation of policies regarding prisoner development. The results contribute to ongoing debates on legal reforms and the protection of human rights within Indonesia’s correctional system, highlighting the importance of harmonized legal frameworks that respect constitutional and human rights standards.