Penyimpangan Seksual sebagai Alasan Terjadinya Perceraian Menurut Pengadilan Agama Cibinong:

2021 ◽  
Vol 4 (2) ◽  
pp. 117-124
Author(s):  
Izwar Alhifni ◽  
Yono Yono ◽  
Mukhtar Mukhtar

Sexual deviation as a reason for divorce has given a negative and ambiguous stigma to society, especially to the views of judges and Islamic law based on these factors which are the study of sexual deviation as a reason for divorce. Therefore this research is entitled: Sexual Deviance As the Reason for Divorce According to PA Cibinong. The formulation of the problem from this research is to answer (1) What are the factors causing divorce in the Cibinong Religious Court, (2) What is the Judge's view on sexual deviation as a reason for divorce, (3) What is the view of Islamic Law on Sexual Deviance as a reason occurrence of divorce. The method used in this research is descriptive qualitative which is carried out to find out what the views of Islamic law on sexual deviance are as well as the impact that occurs due to sexual deviant behavior on marriage. This study uses primary data, namely observations in an object, interviews and secondary data sourced from Case Number: 5318/Pdt.G/2018/PA.Cbn, documents, books, and so on that are related to this research. The results of this research with factors that cause sexual deviance are due to weak faith, unable to contain lust, and the arrival of this aspect in almost every aspect of modern life that grows and develops not on the basis of the concept of religion. sexual intercourse without regard to the satisfaction of the opposite sex and in practice it is often accompanied by violence (hitting, kicking, etc.) which results in injury to the partner. So according to the Cibinong Religious Court Judge when viewed from PP No. 9 of 1975 Article 19 of this Sex Deviance can be categorized as a reason for divorce, in point d of the article it is explained, ie one party commits cruelty or severe abuse that endangers the other party in general about sexual violence in the household, and sexual deviance in particular is a new reason that is used as a reason for divorce before the court. without paying attention to the satisfaction of the opposite sex and not infrequently in practice it is spiked by violence (hitting, kicking, etc.) which results in injury to their partner. So according to the Cibinong Religious Court Judge when viewed from PP No. 9 of 1975 Article 19 of this Sex Deviance can be categorized as a reason for divorce, in point d of the article it is explained, that is, one party commits atrocities or severe abuse that endangers the other party in general about sexual violence in the household, and sexual deviance in particular is a new reason that is used as a reason for divorce before the court. Sexual violence in the household or sexual irregularities in the household that are widely used as reasons for divorce are physical violence, such as beatings, economic violence, in terms of economic neglect. Meanwhile, psychological violence and sexual deviations are rarely revealed in court. Unless these two types of deviation are simultaneously experienced by victims with physical violence. Keywords: Court, Judgment, Deviant Factors

2017 ◽  
Vol 41 (S1) ◽  
pp. S748-S748
Author(s):  
T. Vertommen ◽  
J. Kampen ◽  
N. Schipper-van Veldhoven ◽  
K. Uzieblo ◽  
F. Van Den Eede

IntroductionA recent cohort study in the Netherlands and Belgium showed that 38% of children experienced psychological violence, 11% physical violence, and 14% sexual violence in sport (Vertommen et al., 2016). This study aims to explore the long-term consequences on anxiety, depression and somatic complaints in adults who experienced psychological, physical or sexual violence in the specific context of organized youth sport.MethodsA web survey in a representative sample of adults, prescreened on having participated in organized sport before the age of 18 (n = 4043) was conducted. In this sample, depression, anxiety and somatic problems were assessed using the brief symptom inventory. A generalized linear model was used to quantify the impact of experiencing severe interpersonal violence in sport on psychopathology.ResultsAll three types of severe interpersonal violence (psychological, physical and sexual) were significantly associated with the total score and the subscales of the brief symptom inventory. The effect remains significant after controlling for socio-demographics, as well as disability, sexual orientation, adverse childhood experiences outside sport, recent trauma and family history of psychological problems.ConclusionsExperiencing interpersonal violence against in youth sport is associated with mental health problems in adulthood. This is an important finding to consider in child protection policy in sport.Disclosure of interestThe authors have not supplied their declaration of competing interest.


2021 ◽  
Vol 1 (1) ◽  
pp. 10
Author(s):  
Aretha Ever Ulitua ◽  
Cindy Claudia Soen ◽  
Irena Monica Hardjasasmita

COVID-19 berdampak pada beberapa aspek kehidupan manusia sehingga dapat mempengaruhi kesejahteraan hidup seseorang. Salah satu hal yang dapat digunakan sebagai bentuk coping untuk menghadapi masa pandemi yang mendatangkan stres untuk sebagian orang ini adalah aktivitas seksual yang pada akhirnya dapat menyebabkan munculnya perilaku penyimpangan seksual. Penelitian ini bertujuan untuk melakukan kajian literatur terkait penyimpangan seksual sehingga menemukan faktor penyebab munculnya perilaku penyimpangan seksual. Pengambilan data dilakukan dengan mereview beberapa jurnal penelitian. Penyebab munculnya perilaku penyimpangan seksual dapat diulas dengan pendekatan behavioristik, psikoanalisis dan kognitif. Dengan adanya reinforcement dapat menyebabkan perilaku terjadi berulang dan pengalaman masa lalu seseorang yang tidak menyenangkan dapat menjadi salah satu penyebab munculnya penyimpangan seksual. Penangan yang dapat diberikan untuk mengurangi perilaku tersebut adalah dengan CBT. Temuan ini dapat menjadi salah satu acuan teori yang dapat digunakan oleh peneliti selanjutnya dalam mencari tahu penyebab munculnya penyimpangan seksual dan menemukan penanganan yang efektif dan spesifik. COVID-19 is undoubtedly having an immerse impact on well being. One way of coping to tackle the impact of this pandemic outbreaks is through sexual activity which can cause the development of sexual deviation. The purpose of this literature review is to gain understanding of the existing research and theories relevant to sexual deviation, and to present the review in the form of a report. Sexual deviation can be explained from the perspective of behavioristic, psychoanalytic, and cognitive. Reinforcement can cause the behavior to be repeated and traumatic childhood experience may result in sexual deviance. One way to treat sexual deviance is Cognitive Behavior Therapy (CBT). We believe the result of this study can be used as reference to find the cause of sexual deviation and come up with specific treatment.


1998 ◽  
Vol 5 (2) ◽  
pp. 165-195 ◽  
Author(s):  
Haim Gerber

AbstractIn this study I reexamine some well-known generalizations about Islamic law prior to the impact of the West, e.g., the contention that Islamic law became increasingly closed, based more and more on blind imitation. My examination of the fatwā collection of the seventeenth-century Palestinian Muftī Khayr al-Dīn al-Ramlī suggests that increasing closure never took place. On the one hand al-Ramlī faithfully continues the tradition of his classical predecessors, or, in other words, he practices taqlīd by obligating himself to earlier authorities. On the other hand, his fatwās convey a sense of openness, flexibility, and liveliness. These characteristics are concretized in some of the major terms that he uses: ijtihād, or free discretion of the jurist in areas of the law that remained open; iṣtiḥsān, or relaxation of formal rules; and ʿurf, or local customary law, which, by definition, is changeable over time. In my view, the flexibility of Islamic law has been underemphasized in the scholarly literature, and hence it is on this factor in particular that I have chosen to concentrate.


Author(s):  
Masdoki

This study aims to determine what forms of sexual violence against wives are based on Law no. 23 of 2004 and Islamic Law. To find out what forms of sexual violence against wives in the decision of the Bangil District Court No. 912/Pid/B/2011/PN.Bgl, Denpasar District Court Decision No.89/Pid.Sus/2014/PN.Dps and Medan District Court Decision No.264/Pid.Sus/2018/PN Mdn. To find out what were the basis for the judge's consideration in giving a decision at the Bangil District Court, the Denpasar District Court decision, and the Medan District Court decision regarding sexual violence against wives. Qualitative research was conducted with a revelatory approach, a statute approach, a case approach and a comparative approach. The results of this study indicate that: (1) forms of sexual violence against wives based on Law no. 23 of 2004 and Islamic Law is any act in the form of coercion of sexual relations, in an inappropriate and/or inappropriate manner, forcing sexual relations with other people for commercial purposes and/or for specific purposes. (2) the forms of sexual violence against wives in the decisions of the Bangil District Court, Denpasar District Court decisions and Medan. (3) The consideration of the Bangil District Court judge.


2020 ◽  
pp. 088626052098330
Author(s):  
Elyse J. Thulin ◽  
Andrew Lustig ◽  
Violette Perrotte ◽  
Marx Lwabanya ◽  
Tyler Evans

Conflict settings are often the context of some of the highest rates of sexual and gender-based violence (SGBV). Although women are disproportionately the victims of SGBV, they are not the only victims. Indirect impacts of SGBV also impact men, families, and communities. Examining SGBV as only a woman’s concern reinforces the hegemonic gender-binary view that SGBV somehow does not include men, who can be direct victims of SGBV, family members of female victims of SGBV, and/or perpetrators of SGBV. This qualitative study seeks to fill a gap by exploring the impact of SGBV on individuals, families, and communities, and potential options to ameliorate those issues. Data were collected in 2019 from community-based discussions in South Kivu, Democratic Republic of Congo. Women described being direct victims of SGBV, as well as the burden of being at constant alert to the possible threat of violence. Men talked more about SGBV being perpetrated against women, and the indirect effect on men’s perception of their social husband and/or father role to protect and provide for their family. Taken together, women and men describe three types of violence: sexual violence by an unknown assailant who is often associated the rebel groups or the military; sexual violence from a known assailant within one’s community; and sexual or physical violence within intimate partnerships (i.e., intimate partner violence). Women focused more on community-based solutions to reduce their exposure to violence, while men discussed the government’s responsibility to end the long-standing conflict that has severely disrupted lives. Practically, these findings support the need to specify different types of SGBV, and the opportunity to tailor interventions by type.


2019 ◽  
Vol 8 (2) ◽  
pp. 135-152
Author(s):  
Ahmad Yunus ◽  
Supianto Supianto

Harmonious households can occur due to several factors that support, including factors such as comfort, compatibility, the existence of goals and trust. Conversely, households that are not harmonious occur because of several factors, including the lack of compatibility and frequent conflicts. This research focuses on how the level of understanding and the impact of community understanding of UUPKDRT. The level of community understanding of Cangkring Village, Jenggawah Subdistrict, regarding the PKDRT Law is still low. They do not know that there are many kinds of violence, including physical violence, psychological violence, sexual violence, economic violence and domestic violence violence. The impact of the low understanding of the people of Cangkring Village on the PKDRT Law and also the low understanding of various forms of violence in household causes the high incidence of violence in the household whether it is realized consciously or not.Keywords: Understanding, Domestic violence, impact


2021 ◽  
Vol 12 ◽  
Author(s):  
Élise Marsollier ◽  
Denis Hauw ◽  
Fabienne Crettaz von Roten

Facing the important methodological limitations of the instruments used for assessing the prevalence of interpersonal violence faced by young athletes, the aim of the present study was to propose and describe the use of a research instrument adapted to young and French-speaking athletes. In addition, by collecting preliminary data with a Swiss sample, we aimed to measure the different forms of interpersonal violence young athletes have experienced at least once during their sport practice. Our questionnaire was based on three existing questionnaires and adapted for a young audience. Regarding prevalence, results showed that among the 210 respondents, 75% declared psychological violence, 53% physical violence, 28% sexual violence and 21% reported no violence. The other results showed that this instrument appears to be well-structured to measure interpersonal violence and understandable for young athletes. Based on the strengths and limits of our instrument, the methodological need of standardization of research instruments is discussed in line with a need of more studies to fully understand the phenomenon.


AL-HUKAMA ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 1-25
Author(s):  
Moh. Faizur Rohman ◽  
Muhammad Solikhudin

Abstract: Polygamy is one of the problem in the marriage of the most discussed widely and controversial. One side of polygamy is rejected with a variety of arguments between normative, psychological, even always associated with gender injustice-as revealed by gender activists or activists of women. In fact, Western writers often claim that polygamy is evidence that the teaching of Islam in the areas of marriage is very discriminatory against women. On the other side, polygamy campaigned as it is considered as one alternative to resolve the phenomenon of cheating and prostitution. Whatever the reasons said, clearly polygamy is a religion shari'ah presence clearly in the Qur'an, regardless of how this verse applied. The issue is under what conditions and by whom this polygamy shari'ah can be implemented. This paper attempts to examines polygamy on one side of the impact on social solution, on the other side can be regarded as sexual tourism which is conducted the husband, and could also both reasons join simultaneously. Furthermore, the authors discuss polygamy with analysis knife of Islamic Law, Law No. 1 of 1974, and KHI (Positive Law). Not only that, the authors also attempt to align polygamy study it with a knife of  analysis the theory of phenomenology in sociology. Keywords: polygamy, Islamic Law, Positive Law, Phenomenology.


2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.


2016 ◽  
Vol 46 (1) ◽  
pp. 38-47
Author(s):  
Geoffrey Squires

Modernism is usually defined historically as the composite movement at the beginning of the twentieth century which led to a radical break with what had gone before in literature and the other arts. Given the problems of the continuing use of the concept to cover subsequent writing, this essay proposes an alternative, philosophical perspective which explores the impact of rationalism (what we bring to the world) on the prevailing empiricism (what we take from the world) of modern poetry, which leads to a concern with consciousness rather than experience. This in turn involves a re-conceptualisation of the lyric or narrative I, of language itself as a phenomenon, and of other poetic themes such as nature, culture, history, and art. Against the background of the dominant empiricism of modern Irish poetry as presented in Crotty's anthology, the essay explores these ideas in terms of a small number of poets who may be considered modernist in various ways. This does not rule out modernist elements in some other poets and the initial distinction between a poetics of experience and one of consciousness is better seen as a multi-dimensional spectrum that requires further, more detailed analysis than is possible here.


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