AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam

Gender Justice in Saudi Arabia: Sociotechnical Institutions' Approach to Addressing Domestic Violence Against Women and Men

2024-08-26T16:05:00+00:00

The aim of this research is to determine the effectiveness of a sociotechnical institutional approach in overcoming domestic violence against women and men in Saudi Arabia with a focus on achieving gender justice. This research uses an extensive literature review method by examining scientific literature, official documents, and reports from various sources to gain an in-depth understanding of this problem. This analysis involves a synthesis of literature findings to understand the dynamics of domestic violence and the effectiveness of sociotechnical strategies in promoting gender justice in Saudi Arabia. The research results show that domestic violence is a global phenomenon that is understood and handled with different approaches from Islamic, Feminist and Western perspectives. The Islamic perspective emphasizes the values of justice, respect and reconciliation in marital relations, as well as fighting for women's rights and opposing violence within the framework of religious teachings. Feminist approaches, particularly in Western contexts, highlight gender-based power dynamics and urge to address inequality as a root cause of domestic violence. In addition, the family violence perspective and ecological violence theory offer a broader view of this issue. In Saudi Arabia, the role of sociotechnical institutions is very important in overcoming the problem of domestic violence. A multidisciplinary approach that includes technology, legal reform, education, and community support contributes to creating a safer and more supportive environment for women. This research concludes that a sociotechnical institutional approach can be an effective strategy in achieving gender justice and reducing domestic violence in Saudi Arabia.

Going Further in Combating Transnational Bribery: Voluntary Disclosure and Federal Transparency in America's Foreign Corrupt Practices Laws

2024-08-26T16:05:00+00:00

The purpose of this research is to analyze the role of incentives and mitigation strategies related to voluntary reporting in enforcing anti-corruption laws, especially in the context of the Foreign Corrupt Practices Act (FCPA) in the United States. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. A company's decision to voluntarily report Foreign Corrupt Practices Act (FCPA) violations is a complex strategic move influenced by legal incentives, cost-benefit calculations, reputational risks, and financial impacts. Further research is needed regarding longitudinal studies to examine the long-term impact of voluntary reporting on corporate reputation and financial performance. This research underscores the importance of this study and its relevance in a global context that increasingly demands corporate transparency and accountability.

Marriage Agreement on Common Property in Marriage (Comparative Study of Indonesia and The United States)

2024-08-26T16:05:00+00:00

This article compares Indonesia and the United States to discuss a prenuptial agreement for joint marital assets. Indonesia adheres to a civil law legal system by basing prenuptial agreement on Article 29 of the Marriage Law. Meanwhile, the United States, which adheres to a standard legal system, implements the Uniform Premarital and Marital Agreements Act (UPMAA). The research method used in this writing is legal research with a statutory approach and a comparative approach. The results of this research are the reasons for making a prenuptial agreement, among others, because the agreement will facilitate the division of assets, which will benefit both parties in the event of a divorce and as a step to prevent conflicts from arising in the future. The difference between prenuptial agreements between Indonesia and the United States is that for prenuptial agreements in Indonesia, each couple can freely determine the contents of the prenuptial agreement as long as it does not conflict with law, religion, decency, decency, or public order. Meanwhile, in the United States, each couple has specific restrictions regarding what can and cannot be written in the prenuptial agreement. So, freedom in making prenuptial agreements is still bound and limited to specific points.

Community Understanding of Obligations as a Recipient of PKH Assistance in the Perspective of Islamic Law

2024-08-26T16:05:00+00:00

Understanding the obligations of PKH recipients helps the community understand that the assistance received must be used wisely and follow the program's objectives. Communities that understand the importance of good management will be more likely to use the assistance to improve family welfare, such as meeting basic needs, getting proper education, or developing economic skills. This study delved into the community's comprehension of the obligations of PKH recipients within the framework of Islamic law. Employing qualitative research methods, data collection encompassed in-depth interviews, observations, and documentation. Analysis indicated that most PKH beneficiaries grasp their responsibilities and strive to adhere to governmental directives. However, the involvement of religious leaders, though minimal, predominantly entails disseminating general religious messages. Specific initiatives to educate beneficiaries on their obligations within Islamic law are noticeably absent. Nevertheless, the PKH program aligns with the principles of maqashid al-shari'ah, safeguarding core aspects of faith, health, education, and property. Facilitating access to essential services fosters the well-being and advancement of marginalized individuals.

Obstacles to Law Enforcement: The Use of Out-of-Court Resolutions in Domestic Violence and Abuse Cases in the United Kingdom

2024-08-27T11:35:08+00:00

This research aims to examine the impact and effectiveness of the use of out-of-court resolution in cases of violence and domestic abuse in the UK and the implications for justice and victim protection. The research method uses a comprehensive literature review, varied data sources, and appropriate data collection and analysis techniques. This research involved the use of Freedom of Information Requests, interviews with experts, and qualitative and quantitative analysis to understand the use of out-of-court resolutions in cases of domestic violence and abuse in the UK. The result of this research is an in-depth study of the problem of domestic violence in the UK, which outlines the various forms of detrimental behavior that occur and the challenges faced in law enforcement. For example, Physical violence and emotional abuse are often interrelated, thus eroding the victim's self-confidence and leaving deep emotional wounds. By considering the concepts of restorative justice and community healing, this research highlights the complexity of handling domestic violence cases and the need for a thoughtful approach. Although there is healing potential in alternative approaches, criticism of their implementation emphasizes the need to consider the gender and power dynamics underlying violence.

Implications Emergence Platform Tiktok Shop Against Regulations Trade in Indonesia (Analysis of Minister of Trade Regulation No.31 of 2023)

2024-08-30T11:35:15+00:00

The rapid development of technology has significantly impacted various aspects of human life, one of which is TikTok Shop, a social trading platform in Indonesia that has triggered legal issues and disrupted the e-commerce landscape. This research explores the analysis of Permendag No. 31 of 2023 concerning trade regulations in Indonesia. The method used in this study is a qualitative research method that analyzes the regulations issued by the Minister of Trade, alongside several journals that form the basis of the research. The data in this research article identifies the main legal issues contributing to the platform, including legal protection provided to MSMEs, taxation issues, and the regulations of the Minister of Trade. The results of this research indicate that electronic commerce business actors intending to provide services using an electronic system must register and apply for a commercial transaction permit via the electronic system. One of the government's primary objectives in requiring e-commerce players to register with the electronic system is to protect all stakeholders, including economic actors and consumers. The TikTok Shop feature is one of the reasons the Minister of Trade issued this regulation, as it does not yet have official permission to operate as an e-commerce platform. By complying with existing regulations, the business community can take advantage of the opportunities offered by the e-commerce ecosystem and contribute to building a fair and legal digital business environment.

Juridical Review of Inconsistency in The Implementation of Nafkah Iddah in Religious Court Rulings

2024-09-06T11:35:54+00:00

In divorce cases involving talak ba'in sughra, providing iddah maintenance for ex-wives is still a controversial issue in legal practice. SEMA Number 2 of 2019 emphasizes that even if a wife is divorced through talak ba'in, she is entitled to iddah maintenance by prioritizing humanitarian considerations. However, irregularities arose due to differences in interpretation among judges, some of whom adhered firmly to Article 149 letter B and Article 119 of the Compilation of Islamic Law, which stipulates that a divorced wife is not entitled to iddah maintenance. This inconsistency results in wives' rights not being enforced evenly, thus compromising justice. This research uses normative juridical methods to analyze the application of law and legal interpretation regarding maintaining iddah. This underlines the critical role of the judge in determining the extent of the wife's right to iddah maintenance after divorce. To reduce this gap, there is an urgent need for the Supreme Court and high courts to align their interpretations. Achieving consensus regarding the implementation of SEMA Number 2 of 2019 across all judicial bodies will ensure consistent and fair treatment of wives who earn iddah income, align legal practices with humanitarian principles, and safeguard women's rights in the divorce process.