THE MOVEMENT OF STRUGGLING OF NEO-COMMUNISM RISING IN POST-REFORM (A Study of Ideology and Struggle Movement in Indonesia)

The trauma of the nation's children has not been able to recover from the betrayal many times for the same cause by the PKI. The events of Madiun in 1948, and G.30S PKI became menumental witnesses of the martyrdom of thousands of scholars and students of PKI's savagery, as well as the death of the nation's heroes because they were kidnapped, slaughtered, sliced and dragged into crocodile holes. The reform era, which tends to care about human rights, democratization, and freedom of thought, expression and opinion, has been misused for the growth and re-emergence of communism in Indonesia. Thus the research was proposed: "The Post-Reformation Neo-Communism Struggle Movement. (Study of Ideology and Struggle Movement in Indonesia). This research is specifically to discuss Neo-Communism and its relation to the possibility of a revival in Indonesia. The problem formulation is the movement for the struggle for the rise of Neo-Communism after Reformation in Indonesia, especially from the ideological aspects and the struggle movement. This type of research is qualitative and presented in descriptive exposures. Regional sample; North Sumatra, Aceh, DKI and West Java. Research findings; "Neo-Communism in Indonesia has emerged despite a small movement.  Keywords; Neo-Communism, Movement, internalization, religion

HATE SPEECH FOR THE PURPOSE OF CREATING HOSTILITY IN INDONESIAN COMMUNITIES (Study of Criminalization and Legal Reality According to Criminal Law Experts)

Especially printed media sheets and electronic media monitors, as well as direct educational exposure, always fulfills important information presentations that are sometimes mixed with Hate speech in the digital age, and democratization is growing very rapidly lately. In addition to its many benefits, it will also be able to threaten the integrity of the nation. Hate speech (hate speech) can trigger the occurrence; riots, hostilities, fights, even wars. This research has some influence, because the previous article "TWITTER: Expressing Hate Speech Behind Tweeting Yudha Wirawanda and Tangguh Okta Wibowo, in" Prophetic Communication Journal "Sunan Kalijaga State Islamic University, Yogyakarta, only offered findings about the pattern of tweeter usage patterns among Indonesians, where they tend to be able to freely devote their particular emotions in cyberspace. This research is specifically for questioning; How do the expressions of hate speech in Indonesia give birth to the criminalization and legal reality according to Criminal law experts? This research is presented in the form of field research. The type of research is qualitative in descriptive exposure. The sample; North Sumatra, Aceh, DKI and West Java. Research findings; "No settlement of hate speech cases is found as an act of criminalization in the midst of Indonesian society. It is estimated, there are a handful of public perceptions that criminalization of the handling of hate speech cases in Indonesia, especially the hate speech clamps aimed at the Governmen

The Disparity Of Judge's Verdict On Child Custody Decision In Aceh Sharia Court

This article aims to explain the difference in the judge’s ruling (disparity) related to child custody (hadhānah) in the Aceh Sharia Court. This article is field research with a qualitative approach. The research method used is a normative-empirical law phenomenology that compares several judges' verdicts on hadhānah cases in the Aceh sharia court. In addition, it also describes that although Indonesia has the same Islamic legal product (KHI) but in implementation between one Judge and another can produce a different verdict. The disparity of the judge's decision that occurred in some cases in Aceh began from the legal provision that the child could not choose a father or mother if the condition had not been mumayiz. In the context of age, custody is given to his mother. In fact, there is a problem with a different verdict by KHI, that is the custody given to the father at the first stage and custody back to the mother at the appeal stage in Sharia Court. The results of the study are; First, the disparity of the judge's verdict is a reasonable situation that occurs depending on the explanation of witnesses and the fact-finding in the field. Second, the KHI format is not absolute in deciding the cases, it takes other proof so that the Judge invites expert witnesses to consider the verdict. Third, consideration of the child's mental, environmental, and condition should be a priority to decide on ideal custody

Application of the Simple, Fast and Light Cost Principles in the Determination of Time for Case Settlement in the Religious Court / Syar’iyah Court in Perspective of Maqashid Syari’ah

Courts under the Supreme Court of the Republic of Indonesia are always in the spotlight of the public and the media both about their performance and about the weaknesses and shortcomings in these institutions as judicial institutions that carry out the mandate of the provisions of the law. the determination of the time period for case settlement in various courts including the Religious Courts and the Syar’iyah Court quickly as mandated by the provisions of the Law which regulates that judicial procedures must be based on the principles of simple, fast and light costs. In reality, in judicial proceedings that take place in the Religious Courts and in the Syar’iyah Court, not always the principles of simplicity, speed and low cost can be applied. Often there are cases whose resolution takes a protracted time so that the litigants themselves certainly feel tired of undergoing all the existing judicial processes. When viewed from the point of view of Islamic law, a decision / law that is born by humans must actually be in line with the intent and purpose of the Islamic law itself or known as Maqashid al-Syari’ah. In this study using the type of library research (library research), the object of this research is a court decision, the nature of this research is Descriptive-analytic and Qualitative Data Analysis. The results of the study concluded that from the point of view of Maqashid al-Syari’ah, the application of the principles of simple, fast and light costs in case settlement in the Religious Courts and the Syar’iyah Court is classified as the application of Maqashid at the hajiyyah level, namely to provide convenience for justice seekers in obtaining access to justice as fair as possible

Criminal Provisions in Government Regulation Number 9 of 1975 According to Law Number 12 of 2011

This paper aims at explaining the criminal provisions in government regulation number 9 of 1975, according to Law Number 12 of 2011. The research method used in conducting this article is a qualitative research method with a normative juridical research type using the statute approach. Sources of data are divided into two forms, namely primary data sources obtained directly from main sources such as the head of the Regional Office of the Ministry of Religions of the Republic of Indonesia, Commission III of the House of Representatives of the Republic of Indonesia, the Head of the High Court of Religion of North Sumatra, and experts in the field of Islamic law. In addition, laws and regulations and the book of ushul fiqh are used as secondary materials. Data analysis was carried out in the stages of data reduction, data presentation, and conclusion. The results show that the criteria for marriage that can be punished or fined are divided into two, namely First, is the presence of intention. Second, the action is detrimental to another person, in other words, the injured person reports or complains about the detrimental action to the police so that it can be processed because the provision is a complaint offense. Tulisan ini bertujuan untuk menjelaskan ketentuan pidana dalam peraturan pemerintah nomor 9 tahun 1975 menurut Undang-Undang Nomor 12 Tahun 2011. Adapun metode penelitian yang digunakan dalam penulisan artikel ini adalah metode penelitian kualitatif dengan Jenis Penelitian yuridis normative menggunakan pendekatan statute approach. Sumber data terbagi pada dua bentuk yaitu sumber data primer yang diperoleh langsung dari sumber utama seperti kepala kanwil Kementerian Agama RI, Komisi III DPR RI, Ketua Pengadilan Tinggi Agama Sumatera Utara, dan pakar dibidang hukum Islam. Selain itu, Peraturan perundang-undangan dan kitab ushul fiqih dijadikan sebagai bahan sekunder. Analisis data dilakukan dengan tahapan reduksi data, penyajian data, dan kesimpulan. Hasil penelitian menunjukkan bahwa kriteria pernikahan yang dapat dipidana atau didenda terbagi kepada dua, yaitu ; Pertama, adalah adanya niat atau unsur kesengajaan. Kedua, tindakan tersebut merugikan orang lain, dengan kata lain, bahwa orang yang dirugikan tersebut melaporkan atau mengadukan perbuatan yang merugikannya kepada pihak kepolisian, sehingga dapat diproses, karena ketentuan tersebut merupakan delik aduan

Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships

In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally

The Integration of Islamic Law and Customary Law in the Marriage of Muslim Community in the Pakpak Dairi Ethnic Group

This research elaborates on the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district, including its forms, causes, and the impact of influence, along with an analysis of the integration between Islamic law and customary law in the marriage process of the Pakpak Dairi Muslim community. The type of research used in this dissertation is juridical empirical research, employing data collection techniques from field studies and literature. The data collection tools include document studies, interviews, and observations. Subsequently, the data is processed and analyzed descriptively using various theories as analytical tools, such as the 'urf (customary law), Maslahah (public interest), Receptio Exit and Recptio a Contrario, and Legal Awareness. First, the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district is divided into five stages. Preparation stage, which includes; Mangririt/mengindangi, Simerberum, Mersiberren Tanda Burju, Menglolo/mengkata utang  and Muat nakan, and tangis berru sijahe. Second, the integration of Islamic law and customary law in the marriage customs of the Pakpak Dairi Muslim community can be seen from three perspectives. 1) Form of integration, which includes the following elements; Determining the wedding day and date using the Islamic calendar, Conducting the khataman Alquran before the marriage contract, Reciting verses from the Holy Quran during the marriage ceremony, Offering a lightweight dowry, Providing words of advice,Reciting solawat syaroful Anam  such as barjanzi and Marhaba and Reciting additional prayers. 2) Causes of integration, such as the emergence of new ideas considered better, strong religious beliefs, fanaticism, and a willingness to learn about religion. 3) Impact of integration, including the following aspects; the emergence of legal awareness among the community, religious and customary leaders gaining equal authority and credibility and the development of religious understanding and the adoption of religious attitudes among the community

Marlojong Custom Contribution In Marriage Dispensation Case At Panyabungan Religious Court

Judges at Panyabungan Religious Court explored the prevailing values in society by consulting traditional figures, also known as hatobangon. This is a common practice when a marriage is based on marlojong custom. This study aimed to examine the contribution of customary laws in marriage dispensation decision at Panyabungan Religious Court by using the legal approach and the socio-legal approach. The legal approach was used to analyze marriage dispensation verdict at Panyabungan Religious Court. The socio-legal approach was used to analyze the social interactions that occur between the Religious Courts and customary institutions. The results of this study indicated that traditional leaders play an important role in providing legal advice in society. In cases of underage marriages, usually hatobangon (traditional leaders) propose two options; unregistered marriage or marriage dispensation application. In the latter case, hatobangon play their role assisting in the marriage dispensation request. Well-educated or knowledgeable hatobangon typically recommend submitting a request for marriage dispensation to Panyabungan Religious Court. This hatobangon statement letter serves as one of the requirements for the judge’s approval of marriage dispensation request. The contribution of customary laws reflects a manifestation of the prevailing Islamic values in society. Customary laws provide an alternative way to resolve marriage dispensation cases in the society and are used as an evaluation tool in stipulating a court decision. In addition, customary laws aid the public in understanding the inclusion of the Islamic laws in the state laws, such as age limit for marriage