Taruna Law: Journal of Law and Syariah

Perkawinan dalam Perspektif Hukum Adat Indonesia: Ragam Sistem, Tradisi, dan Tantangan Modern

elvira damayanti, Divani, Daffa — Thu, 31 Jul 2025 00:00:00 +0000

Marriage in Indonesia’s customary communities is not merely a legal union between two individuals, but a socio-cultural institution imbued with symbolic meanings and noble values. Customary law, as a living legal system within society, comprehensively governs all aspects of marriage from the proposal process to the resolution of marriage dissolution. The academic concern that underpins this study lies in the limited understanding of the complexity of customary marriage systems amidst the tide of modernization and the dominance of formal legal norms, which often overlook local legal diversity. This paper employs a descriptive qualitative method with a normative-legal and sociological approach. The data are collected through literature studies exploring various sources on customary law and legal anthropology to identify and elaborate on the concepts, forms, and systems of customary marriage, engagement procedures, ceremonial stages, property arrangements, and the legal consequences of marital dissolution from a customary law perspective. The findings indicate that each customary community In Indonesia possesses distinctive characteristics in conducting marriages, reflecting their kinship systems, social structures, and deeply held cultural values. The customary marriage process serves not only as a family event but also as a vehicle for preserving collective identity and social norms. Therefore, customary law in the context of marriage remains socially relevant and holds significant potential to contribute to the development of a pluralistic and context-sensitive national legal system.

Childfree Perspektif Quraish Shihab: Analisis Tafsir Al-Mishbah terhadap QS. Al-Baqarah Ayat 233

Thu, 31 Jul 2025 00:00:00 +0000

The phenomenon of childfree as a conscious decision not to have children has become a growing issue in modern society, including among Indonesian Muslims. This study aims to examine M. Quraish Shihab's perspective on the concept of childfree through an analysis of QS. Al-Baqarah verse 233 in the Tafsir Al-Mishbah. The research employs a qualitative method using a thematic exegesis (maudhu‘i) approach and content analysis. The primary source is Tafsir Al-Mishbah, supported by relevant secondary literature. The results indicate that QS. Al-Baqarah verse 233 emphasizes the significance of children's presence in marriage as a trust and as part of the Islamic legal objective (maqāṣid al-sharī‘ah), particularly in preserving lineage (ḥifẓ al-nasl). According to Quraish Shihab, both mother and father share responsibilities in breastfeeding and financial support to ensure a child's optimal growth. A permanent decision to remain childfree, especially without a legitimate religious reason, contradicts these core Islamic principles. This study concludes that the childfree choice must be critically examined and should not disregard the spiritual and social responsibilities inherent in the Islamic family institution.

Struktur Sosial dan Dinamika Persekutuan Hukum Adat di Indonesia: Kajian terhadap Kekerabatan, Ketetanggaan, dan Keorganisasian

mohammad hikmal hkbar, Lubabin Nawval Muhammad, Najwa Faridillah — Thu, 31 Jul 2025 00:00:00 +0000

This study comprehensively reviews the structure and dynamics of customary law communities in Indonesia, which until now still play a vital role in the social order of traditional communities. This material highlights three main forms of customary law associations, namely: kinship associations, neighborhood associations, and organizational associations, each with its own characteristics, structures, and governance systems. The close relationship between individuals and customary communities is also reviewed, where personal interests are always weighed against communal and social values. This study also explores how customary law is not only a legal instrument, but also part of the cultural identity of local communities that regulate the rights and obligations of its citizens collectively. In addition, it also highlights the challenges faced by customary law in dealing with external influences such as colonization, modernization, globalization, and changes in national law, which have the potential to erode local wisdom values. This material provides an overview of the importance of preserving and revitalizing customary law as part of the nation's rich and diverse cultural heritage. With a multidisciplinary approach, this discussion is not only descriptive but also reflective, making this paper relevant to legal studies, anthropology, and public policy based on local wisdom.

PEMAHAMAN DASAR DALAM HUKUM ADAT

Thu, 31 Jul 2025 00:00:00 +0000

Indonesia is a country with a very large diversity of indigenous tribes, and in each indigenous tribe in each region there are differences in the laws used in dealing with problems that occur in the respective regions of the indigenous tribe. The large number of indigenous tribes in each region gave rise to this article to provide practitioners with an understanding of fundamental knowledge about customary law in the territory of Indonesia. This study uses a juridical-normative method with a conceptual approach and a study of laws and regulations. The results of this study emphasize the importance of understanding the concept and definition of customary law itself. In addition, this article also highlights that customary law communities still maintain the validity of customary law until now because they believe that decisions made through customary justice mechanisms against a violation are able to present a sense of justice. Not only that, customary justice is also considered capable of restoring social and spiritual balance that is disturbed due to customary violations. And also with the many cultural diversities in Indonesia, it also provides differences related to the understanding or definition of customary law in each region, so that in this article there is how to define customary law in the Bugis and Minangkabau regions. Of course, both regions also provide different definitions regarding what customary law is and also in the process of forming customary law itself there are several stages which are also discussed in this writing.

Transformasi Hukum Adat di Tengah Modernisasi: Antara Pelestarian Nilai Tradisional dan Adaptasi Global

dika aries prasetyono, Mega Ayu Putri Sanjaya, Muhammad Ircham Faridil Kudsi — Thu, 31 Jul 2025 00:00:00 +0000

Customary law is part of the culture of the Indonesian nation that lived in society long before the existence of modern law. Customary law is a norm that is embodied in the behavior of society. Speaking of customary law in the aspect of culture, customary law was born or grew from the habits of society that interact with each other, which reflects the basic values of Indonesian culture. Customary law plays an important role in maintaining local culture, especially in the function of maintaining and preserving cultural heritage. In this paper, customary law will be studied in the aspect of culture which includes three main points, namely; culture in society, the culture of several tribes in Indonesia, and customary cases in cultural phenomena. The method used in compiling this paper is based on literature studies by reviewing several standardized scientific reading sources in order to enrich insight into the correlation of customary law with aspects of culture. In this paper, it can be seen that culture in society is a way of life that is passed down from generation to generation, and is an inseparable part of people's lives. The culture of several tribes in Indonesia symbolizes the diversity of cultures that are an integral part of the order of life of Indonesian people. As well as Customary Cases in Cultural Phenomena are interpreted as an action that leads to a form of violation of customary norms that gives rise to dynamics of social behavior in the wheel of community life, including the Gowok Tradition of the Javanese Tribe, the Kawin Tangkap Tradition in Poso, and Religious Conflict in Sumba.

Implikasi Putusan MK No 62 Tahun 2024 Terkait Penghapusan Presidential Threshold

Nur Alfi Rahmayanti, Ikhsan Fatah Yasin — Thu, 31 Jul 2025 00:00:00 +0000

There has been an elimination related to the presidential threshold in proposing presidential and vice presidential candidates by political parties in the Constitutional Court Decision Number 62/PUU-XII/2024 which tests Law Number 7 of 2017 concerning General Elections against the 1945 Constitution of the Republic of Indonesia. Regarding the elimination of the presidential threshold, it will bring significant changes to the general election system in Indonesia. This study aims to analyze the implications of the decision from a legal perspective and political reality through a juridical-normative approach and political analysis, this study finds that the elimination of the presidential threshold has the potential to expand the political participation of new and small parties, as well as independent candidates, but on the other hand it can also pose a risk of political fragmentation and government instability. The results of this study are expected to contribute to understanding the long-term impact of the Constitutional Court's decision on democracy and governance in Indonesia.

Qadzaf Dalam Perspektif Fikih Jinayah : Pengertian, Unsur-Unsur Dan Hukuman Bagi Pelaku

Nur Rahmawati Nur, Mad Sa’i — Thu, 31 Jul 2025 00:00:00 +0000

Qadzaf is one of the acts that is strictly prohibited in Islam because it is related to accusations of adultery without valid evidence. In Islamic jurisprudence, qadzaf is seen as a serious criminal act that can damage a person's honor and dignity. Islam highly protects human honor and strictly prohibits the act of accusing without a basis in truth, because this kind of accusation can have negative impacts, such as slander, division, and social damage. The method used in this study is a descriptive-analytical library research. Data collection was carried out through document analysis, by reviewing books and journal articles that are relevant to the topic discussed. The results of this study indicate that qadzaf linguistically also means accusing, throwing stones or other objects, while terminologically, qadzaf means accusing of adultery. So qadzaf is accusing a muhsan (adult, sane, free, Muslim, and good person) of committing adultery. Then the elements of qadzaf are three, namely the accusation of adultery or eliminating lineage, the accused person is a muhshan person and there is evil intent and unlawful intention. In addition to the elements of qadzaf in qadzaf there is a punishment for the perpetrator, namely the main punishment (volume or lashing eighty times) and additional punishment (not accepting his testimony).

KENDALA TERJADINYA PERMASALAHAN DALAM IMPLEMENTASI UNDANG-UNDANG PERLINDUNGAN ANAK

Alya Ariyanti, Hunainah — Thu, 31 Jul 2025 00:00:00 +0000

The implementation of the Child Protection Law (UUPA) in Indonesia faces a number of significant obstacles that hinder the achievement of the goal of protecting children's rights effectively. This study evaluates the main challenges that arise in the implementation of the UUPA. These obstacles include limitations in institutional resources and capacity (limited budget, lack of competent workers, and inadequate infrastructure); lack of coordination and synergy between institutions (overlapping authorities, weak referral mechanisms, and unintegrated data); variations in understanding and enforcement of the law (lack of understanding among officials and the community, and inconsistent enforcement); the existence of social stigma, patriarchal culture, and challenges in the digital world; and children's participation that has not reached optimal levels. This article concludes that the complexity of the issue requires comprehensive cooperation from all parties involved, including increasing the budget, strengthening capacity, adjusting institutions, disseminating broad laws, and adapting to new methods of crime. By addressing these challenges, it is hoped that the UUPA can operate more effectively in creating a safe environment and supporting the growth and development of children in Indonesia.

Mutasi Sekda Jepara ke Diskarpus dalam Perspektif Permenpan RB No. 15 Tahun 2019

Thu, 31 Jul 2025 00:00:00 +0000

This study examines the administrative legal implications of the transfer of the High Leadership Position (JPT) from Regional Secretary (Sekda) of Jepara to Head of the Archives and Library Office (Diskarpus), focusing on potential violations of meritocracy, legality, and transparency principles in civil servant management. The research aims to assess the compliance of the transfer process with the provisions of Ministry of Administrative and Bureaucratic Reform Regulation No. 15 of 2019 on Open and Competitive Filling of JPT, and to evaluate its impact on the integrity of local government governance. The study employs a normative juridical approach with an analysis of relevant legislation and a case study of the Sekda Jepara transfer. Findings reveal that the transfer was conducted without an open selection process, lacked recommendation from the Civil Service Commission (KASN), and disregarded the evaluation of qualifications and competencies as mandated by the merit system. These findings indicate violations of the principles of good governance, particularly legality, due diligence, and protection of civil servants’ rights, potentially leading to maladministration and reduced public accountability. Therefore, this study recommends strengthening external oversight by KASN, enhancing regulatory understanding among personnel authorities, and comprehensive reform of transfer governance to ensure legality, transparency, and accountability.

Tinjauan Hukum terhadap Mekanisme Gugatan Sederhana di Pengadilan Agama: Perspektif Asas Sederhana, Cepat, dan Biaya Ringan

Abdulloh Afifil Mu'ala — Thu, 31 Jul 2025 00:00:00 +0000

This study aims to analyze the implementation of the small claims mechanism in Religious Courts based on the principles of simplicity, speed, and low cost. This study uses a normative juridical method by reviewing laws and regulations such as PERMA Number 2 of 2015 in conjunction with PERMA Number 4 of 2019, as well as relevant legal literature. The results of the study indicate that small claims in Indonesia are an innovation of the small claims court concept in various countries and are regulated in PERMA Number 2 of 2015 in conjunction with PERMA Number 4 of 2019. Its application to Islamic economic cases in Religious Courts is a concrete manifestation of the implementation of the principles of simple, fast, and low cost justice as stated in Article 2 paragraph (4) of Law Number 48 of 2009 concerning Judicial Power. The appointment of a single judge in small claims also speeds up the trial process and reduces formalities, thereby providing wider access to justice. This study concludes that small claims are an important breakthrough in the modernization of the civil justice system in Indonesia, especially in the realm of Religious Courts because they reflect the principles of simplicity, speed, and low cost.