scholarly journals الشذوذ الجنسية عند المذاهب الأربعة والقانون العقوبات الإندونيسي

2018 ◽  
Vol 19 (2) ◽  
pp. 175-182
Author(s):  
M Muinudinillah Basri ◽  
Syafruddin Maulana

The development of social interactions variety and the flow of information that brings positive and negative value, impact on social life and human behavior. Among them there is a wise attitude by always making religion as a guide and lifestyle, but some people lost his life orientation. Even penetrated the lifestyle associated with sexual behavior. Sexual behavior is one of the serious issues detil discussed in Islam. This is because the impact is very wide in various aspects of life. Islam considers that the biological need is the sunnah of life that every Muslim must live, in order to achieve the balance between the human side as a servant of Allah Ta'ala and as a keeper of the stability of social life of society. Sex disorientation is a threatening balance. That will affect the survival of human life in general or personal perpetrators. Among the disorientation is lesbi, gay, have sex with animals or known as zoofilia, also the trangender which is one of the identity of lesbian and gay. This study aims to examine whether the laws and sanctions of these sexual disorientations, presented comparatively between Islamic law and Indonesian criminal law. The results of this study concluded about the prohibition of lesbian, gay, zoophilia and trangender in Islamic law. While about the punishment, there are some differences between the 4 Imams. Some give death penalty. Some others conclude about the enactment of ta'zir where the judge is given a policy in determining the type of punishment. While in Indonesian, this is contained in the chapter asusila. Which concludes that lesbian, gay, zoofilia is something that gets a criminal penalty and is binding only on an adult perpetrator with as a victim is an immature child. As for if the perpetrator and the victim is mature, then not touched with criminal trap. And the trangender has not regulated it specifically. Berkembangnya bentuk interaksi antar manusia dan pesatnya arus informasi dengan seluruh muatan positif dan negatifnya telah memberikan dampak pada tatanan hidup setiap individu dan masyarakat. Di antara mereka ada yang menyikapi hal ini dengan penuh kehati-hatian dan menjadikan agama sebagai pembimbing dan pedoman. Namun tidak sedikit juga yang tersesat dan melampaui batas khususnya dalam hal-hal yang berkaitan dengan moralitas seksual. Dalam hal ini agama sebagai pedoman hidup telah menempatkan seksualitas sebagai salah satu pilar yang menentukan baik buruknya kehidupan sosial dan telah mengaturnya dalam rumusan pernikahan. Pada sisi lain agama juga memberikan perhatian khusus pada seluruh bentuk disorientasi seksual yang menyelisihi garis besar pernikahan yang telah diatur di dalamnya. Dari sekian hubungan yang mendapatkan perhatian khsusus tersebut adalah homoseks, lesbi, zoophilia, dan transgender. Kaitannya dengan hal ini, hukum positif di Indonesia telah menempatkan perhatian yang khusus, karena adanya visi dan misi dalam membentuk masyarakat yang berkemanusiaan, adil dan beradab. Hanya ada beberapa perbedaan yang mendasar antara apa yang telah dimuat oleh hukum Islam dengan apa yang menjadi ketentuan dalam KUHP. Seluruh Imam empat madzhab yang dikenal luas dikalangan ummat Islam bersepakat tentang keharaman homoseks, lesbi, zoophilia dan transgender. Walaupun mereka berbeda dalam mengklasifikasi bentuk hukuman apa yang tepat untuk setiap perbuatan pidana tersebut. Ada yang menentukan hukuman mati, ada yang menyamakannya dengan hukuman zina dan ada pula yang menjatuhkan hukuman ta'zir yang dikembalikan kebijakan penentuannya pada hakim. Sementara KUHP memasukkan homoseks dan lesbi sebagai pidana aduan, pada pasal-pasal pencabulan dalam bab asusila yang memfokuskan hanya pada sisi korban di bawah usia dewasa. Sehingga terdapat kekosongan hukum ketika pelaku dan korban adalah orang dewasa. Adapun tentang zoophile maka termuat pada pasal penganiayaan hewan. Sementara pada masalah transgender, KUHP belum mengklasifikasikannya sebagaimana pidana delik perzinaan, pemerkosaan atapun pecabulan.

2020 ◽  
Vol 8 (1) ◽  
pp. 75
Author(s):  
Ardhian Indra Darmawan ◽  
Shanti Wardhaningsih

Setiap manusia yang ada di dunia memiliki keyakinan yang dianut. Spiritual  adalah dasar dari kehidupan manusia dalam aktivitas kehidupan di dunia. Salah satu peristiwa yang terjadi dalam kehidupan adalah hubungan sosial antar manusia.  Perkembangan manusia dimulai dari bayi, balita, anak-anak, remaja, dewasa sampai lanjut usia. Masa remaja adalah fase transisi yang berada diantara fase anak - anakmenuju fase dewasa. Setiap fase perkembangan manusia dipengaruhi oleh beberapa faktor, salah satunya adalah faktor lingkungankeluarga dan spiritual. Abad 21 memberikan potensi adanya pergeseran nilai emosional dan sosial remaja ke arah negatif, seperti pergaulan bebas yang dilakukan oleh remaja. Data diambil  melalui PubMed, ProQuest, dan Google Cendekia menggunakan kata kunci: spiritual, sikap spiritual orang tua, perilaku sosial dan seksual remaja. Hasil dari delapan artikel yang diperoleh, diidentifikasi sebanyak empat tema, yaitu Spiritual dalam hubungan sosial, spiritual dalam perilaku dan kesehatan mental remaja, perilaku seksual berdasarkan budaya dan yang terkahir yaitu kontrol spiritual dalam perilaku dan pendidikan seksual. Hakekat dari nilai yang sosial yang terkandung dalam spiritual mampu memberikan dampak bagi kehidupan sosial remaja. Peran tingkat pengetahuan dan aplikasi nilai spiritual oleh orang tua dan lingkungan remaja tinggal mampu memberikan dampak bagi perilaku sosial remaja.  Perilaku sosial remaja yang didalamnya terdapat perilaku untuk memenuhi kebutuhan biologisnya yaitu perilaku seksual.  Remaja yang pengalaman hidupnya belum banyak, maka berisiko salah dalam mengambil keputusan untuk memenuhi kebutuhan dalam kehidupannya termasuk hubungan sosialnya. Meningkatnya pemahaman nilai spiritual akan mampu mengontrol perilaku yang dilakukan oleh remaja untuk memenuhi kebutuhan sosialnya. Kata kunci: peran spiritual, perilaku sosial dan seksual, remaja SPIRITUAL ROLE DEALING WITH SOCIAL AND SEXUAL BEHAVIOR OF YOUTH ABSTRACTEvery human being in the world have adopted beliefs. Spirituality is the foundation of human life in the world's life activity. One of the events that happen in life is the social relationships between people. Human development begins from infants, toddlers, children, teenagers, adults to elderly. Adolescence is a transitional phase that is between phases of a child - the child towards the adult phase. Each phase of human development is influenced by several factors, one of which is a spiritual family and environmental factors. The 21st century provides the potential for a shift in adolescent emotional and social values in the negative direction, such as promiscuity conducted by adolescents. Data retrieved via PubMed, ProQuest, and Google Scholar using keywords: spiritual, spiritual attitudes of parents, social behavior and sexual. Results from the eight articles obtained, four themes were identified, namely spiritual in social relationships, spiritual behavior and mental health of adolescents, sexual behavior based on culture and finally spiritual control in sexual behavior and education. The nature of the social values contained in the spiritual can provide an impact on the social life of adolescents. The role of the level of knowledge and application of spiritual values by parents and the environment of adolescents living is able to have an impact on adolescent social behavior. Adolescent social behavior in which there is behavior to meet biological needs, namely sexual behavior. Teenagers, whose life experiences are not many, then risk making the wrong decision to meet the needs in their lives, including social relationships. Increased understanding of spiritual values will be able to control the behavior carried out by adolescents to meet their social needs. Keywords: spiritual behavior, adolescents, adolescent sexual behavior 


Author(s):  
I Wayan Yudhasatya Dharma ◽  
Ulio SM

<p>Human life cannot be separated from a communication, because human is a social creature whose lives depend on one another and communication is an intermediary between humans with one another. Through communication the attitudes and feelings of a person or group of people can be understood by other parties. In proportion to communication and language, a culture called Mawewangsalan emerged, which of course contained both elements, namely the use of language in communication systems as outlined into an art, namely the art of spoken words. Mawewangsalan culture is found in Abang Batu Dinding Village, Kintamani District, Bangli Regency. Mawewangsalan related to the form and nature in communication community in Abang Batu Dinding are two sentences that experience reduplication (lengkara kalih palet). The first sentence is like an insinuation, about heart of someone who says it, but has a hidden meaning behind words that are said. The second sentence is the true meaning of intend words. based on its nature Mawewangsalan can be divided into three, namely are jokes, advice, and figures of speech.<br />The process of communication in Mawewangsalan conducted by the community in Abang Batu Dinding Village takes place in every situation and every place in the community's social environment. Mawewangsalan as a form of communication process in life of the community of Abang Batu Dinding Village has communication elements namely communicator, verbal code, and non-verbal code. In community of communication Mawewangsalan in Abang Batu Dinding Village has a cognitive impact, because in Mawewangsalan there are several things of educational values are contained. Affective effects also occur in this authority because it is able to influence attitudes and paradigm of people. As well as the impact of behavior is the next impact associated that changes in community behavior caused by the process of Mawewangsalan in the social life of the community.</p>


2021 ◽  
Vol 24 (2) ◽  
pp. 2189-245
Author(s):  
Mona Mahmod Farid Ahmed Ghaly

This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses. The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money. The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.


2021 ◽  
Vol 19 (1) ◽  
pp. 118-118
Author(s):  
Hanna Rugała

The media serve as a tool used for transmitting information, as well as a centre of social life. There is no doubt that over time they also became one of the most dominant areas of activity for children and young people. The paper aims to present the role and importance of the media in the lives of every human being, with particular emphasis on the young generation. The author takes a closer look at the media as an educational environment shaping society’s behaviour and way of thinking. The paper also outlines several examples of the impact and consequences that the use of mass media has on health and social functioning.


2018 ◽  
Vol 2 (2) ◽  
pp. 65-75
Author(s):  
Achmad Rifa'i ◽  
Nurvita Retno Dewi

The environment is often regarded as affected by the economic activity. Many studies have attempted to prove the Environmental Kuznets Curve (EKC) phenomenon, but few aimed to look beyond the impact of environmental quality and its contribution to the economic growth. This research aims to fill the gap of the literature. ASEAN is a region which is currently trying to maximize the potential of its natural resources to increase the economy of the region. With the abundance of existing natural resources, it is expected to make the region as a new economic source in the world. Panel data from 10 countries from 1994-2015 was employed to look at the environmental impacts of the ASEAN region on economic growth. Empirical results indicated that population, forest area, and CO2 emissions significantly affect economic growth. Nevertheless, it is suggested to be more prudent in using existing resources to maintain the stability of the economic growth without sacrificing the environment that has the very essential importance in the human life.


2018 ◽  
Vol 14 (1) ◽  
pp. 51
Author(s):  
Elena Serukhina

<p>Globalization covers the most diverse spheres of human life, including social, where the processes of migration and globalization of culture take on special significance. Cultures arise and develop, interacting with each other. And the first field of this interaction is the diaspora. Diaspora is the environment where culture is directly developed and enriched. The development of diasporas is carried out by spreading the culture, values and traditions of their people, but at the same time integrating into society with a different culture, which implies the acquisition of new socially and spiritually significant qualities. The psychological reason for the emergence of the diaspora is that people far from their homeland begin to understand, appreciate and even more love their native culture. The development of the modern world is characterized, as we know, by globalization. Can the phenomenon of the diaspora in modern social life be associated with it? No, because the diaspora is directly connected with culture, while globalization is opposed to culture. Globalization is aimed at unification, ignoring the problem of cultural identity. Globalization involves the erasure of cultural features, the loss of cultural, ethnic, religious differences. But at the same time, globalization contributes to the growth of population migration, which leads to an increase in the number of diasporas abroad. The rapid growth of immigrant communities and their institutionalization forced to talk about "the diasporaization of the world" as one of the scenarios for the development of mankind. One way or another, this process deepens and takes more and more new forms, and the role of diasporas and their influence are intensified.</p>


2020 ◽  
Vol 2 (1) ◽  
pp. 232-252
Author(s):  
Samina Nasir

مسلم تہذیب و تمدن پر ہندؤ تہذیب کے اثرات: پاکستانی تناظر میں جائزہ Islam provides a complete and comprehensive concept of civilization that includes all aspects of human life and provides a complete philosophy of life. Generally speaking a civilization is the expression of any philosophy or belief that develops into the political, social, economical and cultural norms. Main focus of the present research is the impact of Hindu civilization on our society, we see that by living with the Hindu society, their beliefs, casteism, rituals, have influenced the people around them. Pakistan is and always has been an amalgam of a diverse culture. Pakistan has a rich culture without a doubt, but this culture is in the line of fire in association to powerful Indian culture. From birth to death, there are small rituals that were normally associated with Hindus, have also slowly mixed with Islamic culture and have become inseparable. Change in the social life of Muslims of subcontinent is due to conversion of a large number of Hindus to Islam. They accepted the preaching of Islam but did not give up their practices and rituals. Consequently, their rituals and practices were incorporated into the Muslim society. Some social ceremonies associated with births, deaths, and marriages were influenced by Hindu culture. It is a fact that media played a great role in propagating Hindu culture. Therefore, in this article, efforts are made to analyze all the factors due to which we are facing challenges of Hindu civilization and how we can get rid of its impacts on Muslims thoughts, culture and society. Allah Almighty says: O people, who believe in Allah, enter the whole circle of Islam. So, to address all above-mentioned challenges, a comparative and analytical research methodology with qualitative paradigm has been conducted in this research paper. At the end, solutions have been provided.


2021 ◽  
Vol 13 (1) ◽  
pp. 72-89
Author(s):  
Fatimah Fatimah

As creatures who have reason and mind, human life cannot be separated from the assessment of good and bad deeds. This is where the position of ethics is so important for the way or direction of human life. With reason, humans can position themselves to act. What to do and what to avoid and leave in accordance with the existing rules. Ethics as a branch of science from philosophy has received very good attention from philosophers. So that from the thinking of these philosophers emerged various types of ethics, one of which is the flow of pragmatic ethics. This pragmatic flow is found in England and America. One of the most influential pragmatists of his time was the pragmatism of John Dewey. The purpose of this study is to find out and describe how John Dewey's pragmatic ethical thinking is and how relevant it is to online learning in Indonesia. In line with the objectives, this research uses the type of research library research and uses descriptive analysis method. As the results of his research, John Dewey's pragmatic ethics teaches that something will be good if we can look for goodness that can be used and not just talk. An important point of John Dewey's teaching of pragmatic ethics is that experience is knowledge applied in practice. A truth will be seen in testing by experiences in practice. An action taken can be considered ethical if it brings a scientific benefit such as producing pleasure, satisfaction and goodness for society. Dewey strongly supports social life and does not like people who live individualistically. For him, a person will have meaning if they can blend in with society because humans cannot live alone and are very dependent on other people. If one lives without society, then one's life is meaningless (sociality education). John Dewey's ethics are closely related to life in today's modern era. The impact of the corona virus requires education in Indonesia to be carried out online or online. Thus, this implementation is related to John Dewey's pragmatic ethics which judges something good based on the practical benefits of a theory or the existence of proof of a theory.


2021 ◽  
Vol 1 (1) ◽  
pp. 25-34
Author(s):  
Ari Abi Aufa

Covid 19 has changed various orders in social life. Human beings, who are actually social creatures, are prevented from interacting each other, which results in obstructing efforts to fulfill the basic needs of human life. People must adjust the way they interact with each other to avoid the possibility of contracting Covid 19. But on the other hand, people still have to work to make ends meet for themselves and their families. The community of Tanjung Tambakrejo Bojonegoro village cannot be separated from the impact of Covid 19. This social service uses the ABCD method, which is service that focuses on the use of assets owned by the village to improve their lives. The existing assets in these areas are sometimes neglected and not fully utilized by the local community due to their ignorance. Therefore, this method is taken to reintroduce existing assets in the community so that they can be used to improve their lives. Based on the survey conducted, it was found that various vegetable assets have not been maximally utilized, one of which is Caesalpinnia sappan L. Through various research conducted, it turns out that Caesalpinnia sappan L can be used as a warm drink that is both delicious and healthy. Based on this, the people of Tanjung village were then taught how to make herbal drink made from Caesalpinnia sappan L, and how to sel it online to improve their health and also their economy.    


2019 ◽  
Vol 39 (1) ◽  
pp. 8-13
Author(s):  
L. Hrydkovets ◽  
A. Pohorilenko

The right to life is a fundamental right, the legal basis for all other human rights. Recognition and proper protection at the state level of this most important right is a prerequisite for the enjoyment of other rights. However, do we respect each life, regardless of any personal characteristics? The history of humanity shows that the caste/class approach to the formation of society is one of humanity's most brutal inventions. The categorization of people into more critical and less critical in many cases led to antihuman practices, such as slavery or serfdom, and atrocious crimes ranging from rape to murder. Scientific and social progress must have pushed aside such medieval approaches, but the results of this study indicate that social neglection just shifted from those who have stood for their rights for hundreds of years to those who cannot - to the unborn. In this study, we demonstrate the historical development of embryology, medicine, biology, psychology, and other sciences in order to understand the exact point of the beginning of human life. Scientists in the United States of the mid-19th century were found to be the leading opponents of artificial termination of pregnancy and believed that most abortionists carry vestiges of outdated dogmatic views on the nature of human life, including its beginning and prenatal development. We present that, despite the achievements of science, the society press the legalization of the murder of the unborn, the primary reason for which is the irresponsible attitude to sexual life. This study presents the positions of modern scientists on the prenatal development of the child; data on the old and the new paradigms in embryology in the context of the relationships between mother and child; the results of the psychological research on the impact of abortion scenario in the family system on the health of offspring; and other data indicating that a child before birth is not just a material clot of cells, but a full-fledged subject, person and participant of social life.


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