scholarly journals PANDANGAN TOKOH MASYARAKAT KOTA MALANG TERHADAP KEABSAHAN PUTUSAN HAKIM PEREMPUAN DI PENGADILAN AGAMA DALAM SISTEM HUKUM INDONESIA DAN HUKUM ISLAM (Studi Pandangan Tokoh Masyarakat Kelurahan Ketawanggede Kecamatan Lowokwaru Kota Malang)

2016 ◽  
Vol 15 (2) ◽  
pp. 211
Author(s):  
Uswatul Fikriyah
Keyword(s):  
Legal System ◽  
Collective Decision ◽  
Equal Access ◽  
Men And Women ◽  
The People ◽  
Religious Courts

Indonesia as a legal state that concerns equality of rights between men and women in all fields one of them with the existence of legislation that contains the equality of rights. One of the interesting things is about equal access and opportunity for women to get a job. This is included in the work as a judge in the Religious Courts that began to be found even quite a lot of female judges throughout Indonesia. Logical consequences with the presence of female judges in Religious Courts is a lot of raises the number of perceptions and speculation about the validity of the judgment of women in the Community including in Malang where they are from different backgrounds still have different views in understanding the position and validity in the legal system of Indonesia and the Islamic legal system. From research conducted by the author can be known that the people of Malang City as they equate the validity of the judge’s decision with men, because the verdict certainly has a strong foundation and judges have been considered competent in the field. Then, those who differentiate the position and position of female and male judges tend to also differentiate the validity of the judges’ rulings. That is the decision of a female judge to be considered valid if in a collective decision, so that the individual’s decision is not absolutely valid. In this case they consider the verdict of a female judge if done collectively and in one of the assemblies there is a male judge.[Indonesia sebagai negara hukum yang memperhatikan kesetaraan hak antara laki-laki dan perempuan dalam segala bidang salah satunya dengan adanya peraturan perundangan- undangan yang mengandung kesetaraan hak tersebut. Salah satu hal yang menarik adalah mengenai akses serta kesempatan yang sama bagi perempuan untuk mendapatkan pekerjaan. Hal ini turut termasuk dalam pekerjaan sebagai hakim di Pengadilan Agama yang mulai ditemukan bahkan sudah cukup banyak hakim perempuan di seuruh Indonesia. Konsekuensi logis dengan adanya hakim perempuan di Pengadilan Agama ini banyak memunculkan banyaknya persepsi dan spekulasi mengenai keabsahan putusan hakim perempuan di Masyarakat termasuk di Kota Malang dimana mereka yang berasal dari berbagai latar belakang yang berbeda masih mempunyai pandangan yang berbeda- beda dalam memahami kedudukan dan keabsahannya dalam sisitem hukum Indonesia dan sistem hukum Islam. Dari penelitian yang dilakukan oleh penulisa dapat diketahui bahwa masyarakat Kota Malang sebagain mereka menyamakan keabsahan putusan hakim perempuan dengan laki-laki, karena putusan sudah pasti memiliki landasan yang kuat serta hakim sudah dianggap berkompeten di bidangnya tersebut. Kemudian sebagaian mereka yang membedakan posisi serta kedudukan hakim perempuan dan laki- laki cenderung juga membedakan keabsahan putusan hakim perempuan. Yaitu keputusan hakim perempuan dianggap sah jika dalam putusan kolektif, sehingga putusan individunya tidak sah secara mutlak. Dalam hal ini mereka menganggap sah putusan hakim perempuan jika dilakukan secara kolektif dan dalam satu majelis terdapat hakim laki-laki.]

scholarly journals Akses Keadilan Bagi Masyarakat Kabupaten Kepulauan Seribu

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Kamarusdiana Kamarusdiana
Keyword(s):  
Transportation Costs ◽  
Equal Access ◽  
Access To Justice ◽  
The People ◽  
Island Communities ◽  
The Cost ◽  
Religious Courts ◽  
Cost Of Transportation

Abstract.Access to justice for island communities in Indonesia is different from access to justice for people living in the land. The island communities in Kepulauan Seribu Regency have their own characteristics, because in accessing justice in KUA they have to pay more for transportation costs, as well as in obtaining access to justice in the Religious Courts, the people of Kepulauan Seribu must increase the cost of transportation and lodging , because of the existence of the Religious Court in Plumpang North Jakarta. However, the religious court has granted equal access to Sisdukcapil services, so that the Kepulauan Seribu communities can have equal access to other communities.Keywords: Justice, Society, Kepulauan Seribu Abstrak.Akses keadilan bagi masyarakat kepulauan di Indonesia berbeda dengan akses keadilan bagi masyarakat yang tinggal di daaratan. Masyarakat kepulauan yang ada di Kabupaten Kepulauan seribu memiliki karateristik tersendiri karena dalam mengakses keadilan di KUA mereka harus mengeluarkan biaya yang lebih besar untuk biaya transportasi, begitu pula dalam memperoleh akses keadilan yang ada di Pengadilan Agama, masyarakat kepulauan seribu harus menambah biaya transporasi dan penginapan karena keberadaan Pengadilan Agama yang ada di  Plumpang Jakarta Utara. Namun demikian, pihak pengadilan agama telah memberikan akses keadilan yang sama dalam pelayanan Sisdukcapil, sehingga masyarakat kepulauan Seribu dapat memiliki akses yang sama dengan masyarakat lainya.    Kata Kunci: Keadilan, Masyarakat, Kepulauan Seribu

scholarly journals Sociological Aspects of Judges in Granting Applications for Marriage Dispensation (Study of Determination Number: 0038/Pdt.P/2014/PA.Pt)

2020 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Arina Hukmu Adila
Keyword(s):  
Empirical Method ◽  
Men And Women ◽  
The People ◽  
Minimum Age ◽  
Psychological Maturity ◽  
Age Limit ◽  
Religious Courts

<p>Many children have a pregnancy out of wedlock. Many factors make the parents marry off their underage children who are pregnant out of wedlock, by applying for matrimonial dispensation to the Religious Courts. Law Number 1 Year 1974 on Marriage has set a minimum age limit for men and women to marry with age and psychological maturity considerations, for the realization of the purpose of the marriage. This study uses a juridical-empirical method, which will see the Religious Courts as the authorized institution, having particular considerations in granting marriage dispensation applications in order to fulfill the rights of the people and to preserve the order of life in the community.</p><p align="center">[]</p><p><em>Banyak terjadi anak-anak mengalami kehamilan di luar nikah akibat dari pergaulan yang terlalu bebas antara laki-laki dan perempuan. Banyak faktor yang membuat orang tua menikahkan anaknya yang masih di</em><em> </em><em>bawah umur yang hamil di luar nikah, yakni dengan mengajukan permohonan dispensasi kawin ke Pengadilan Agama. Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan telah menentukan batas usia minimum bagi laki-laki dan perempuan untuk menikah dengan pertimbangan kematangan usia dan psikologis, demi terwujudnya tujuan pernikahan tersebut. Penelitian ini menggunakan metode yuridis-empiris, yang akan melihat Pengadilan Agama sebagai lembaga yang  berwenang, memiliki pertimbangan-pertimbangan tertentu dalam mengabulkan permohonan dispensasi kawin dengan tujuan untuk memenuhi hak-hak masyarakat.</em></p>

PENERAPAN PROSEDUR MEDIASI DALAM PENYELESAIAN SENGKETA WAKAF DI PENGADILAN AGAMA

2018 ◽  
Vol 1 (1) ◽  
pp. 21-36
Author(s):  
Syufaat Syufaat
Keyword(s):  
Social Dimension ◽  
Mediation Process ◽  
Mutual Trust ◽  
Mediation Model ◽  
The Public ◽  
Spiritual Dimension ◽  
The People ◽  
The Social ◽  
Legal Proof ◽  
Religious Courts

Waqf has two dimensional meaning; the spiritual dimension that is taqarrub to Allah and the social dimension as the source of Islamic financial for the welfare of the people. Waqf disputes can be caused by several reasons; waqf land is not accompanied with a pledge; waqf is done on the basis of mutual trust so it has no legal proof and ownership. Currently, the choice to use the court is less effective in resolving disputes. Hence, the public ultimately chooses non-litigation efforts as a way to resolve the disputes. Mediation process is preferred by many as it is viewed to be the fairest way where none of the two parties wins or loses (win-win solution). It is also fast and cheap. This study is intended to examine how to solve waqf dispute with mediation model according to the waqf law, and how the application of mediation in the Religious Courts system

Using Old Photographs in Interviews: Some Cautionary Notes About Silences in Fieldwork

1990 ◽  
Vol 17 ◽  
pp. 327-334 ◽  
Author(s):  
Bill Bravman
Keyword(s):  
Power Relations ◽  
Men And Women ◽  
Cultural Assumptions ◽  
The People ◽  
Taita Hills ◽  
National Archives ◽  
Long Time ◽  
Photo Collection ◽  
Image Production ◽  
To Come

In September 1987, early in my research at the Kenya National Archives, I came across a collection of photographs taken by a British missionary during the 1920s and early 1930s. The collection contained nearly 250 photos of the terrain and people of Kenya's Taita Hills, where I would soon be going for my fieldwork. I pored over the photo collection for a long time, and had reproductions made of twenty-five shots. The names of those pictured had been recorded in the photo album's captions. Many of the names were new to me, though a few WaTaita of the day who had figured prominently in the archival records were also captured on film. When I moved on to Taita in early 1988,1 took the photographs with me. Since I would be interviewing men and women old enough either to remember or be contemporaries of the people in the pictures, I planned to show the photos during the interviews. At first I was simply curious about who some of the people pictured were, but my curiosity quickly evolved into a more ambitious plan. I decided to try using the photographs as visual prompts to get people to speak more expansively than they otherwise might about their lives and their experiences.In the event, I learned that using the photographs in interviews involved many more complexities than I had envisaged in my initial enthusiasm. I found that I had to alter the expectations and techniques I took to Taita, and feel out some of the limitations of working with the photographic medium. I had to recognize the power relations embedded in my presence as a researcher in Taita, in my position as bearer of images from peoples' pasts, and in the photos themselves. I found, too, that I needed to come to grips with a number of issues about the politics of image production, and the historical product of those politics: the bounded, selected images that are photographs. Finally, I had to address some of my own cultural assumptions about photography and how people respond to pictures, assumptions that my informants did not necessarily share.

Morality and Monarchy in the Queen Caroline Affair

1991 ◽  
Vol 23 (4) ◽  
pp. 697-722 ◽  
Author(s):  
Tamara L. Hunt
Keyword(s):  
Party Politics ◽  
British Society ◽  
British History ◽  
Cultural Significance ◽  
Wide Spread ◽  
Men And Women ◽  
The People ◽  
Moral Standards ◽  
The Press ◽  
The Government

The licentious career of Caroline of Brunswick, the most notorious queen in modern British history, was only exceeded by that of her husband, George IV, and the scandal that emerged when he attempted to obtain a divorce inspired one of the most unusual episodes of nineteenth-century British history. For six months the attention of the country was focused on the queen's trial; massive demonstrations in her support were familiar sights in London streets and news of the matter dominated the columns of the press. The popular outpouring of support for the queen often took the form of reviling the king and his ministers, and revolution seemed to be in the air, yet because no lasting political change resulted from this tumult, historians have tended to dismiss the affair as relatively unimportant. However, to view this interlude primarily in terms of party politics is to overlook the fact that the majority of the people who formed the massive crowds that so alarmed the government were neither radicals nor reformers, and many, if not most of them were unenfranchised. In order to better understand the implications of this unrest, it is important to identify those factors that inspired British men and women to openly denigrate their ruler and to heap opprobrium on the members of government in defense of a woman who, ironically, many believed to be guilty as charged. Such an examination makes it clear that this was an event of profound cultural significance and was in some respects the first wide-spread popular expression of the moral standards that have come to be labelled “Victorian.”Any attempt to judge “public opinion” is fraught with difficulty. Most of the surviving journals, memoirs, and collections of letters from this period were written by members of the gentry and aristocracy; most of the middle and working-class people who actively demonstrated in support of the queen or who signed the numerous addresses sent to her have tended to remain silent and anonymous. Newspaper and other written accounts of the affair were often extremely partisan, for British society was sharply divided on this issue. Political caricatures, however, overcome some of these difficulties.

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

The Maze and the Masses

2012 ◽  
Author(s):  
Hélène Landemore
Keyword(s):  
Decision Procedure ◽  
Collective Intelligence ◽  
Thought Experiment ◽  
Collective Decision ◽  
The People ◽  
Collective Decisions ◽  
Definition Of ◽  
The Masses

This chapter argues that collective intelligence offers an attractive solution to the problem of the average citizen's ignorance and irrationality. It first illustrates this point by presenting the metaphor of the maze, inspired by Descartes' thought experiment in the Discourse on Method. Next, the chapter sets out the definition of “democracy,” which gains a certain meaning and relevance within the context of this book—as, primarily, an inclusive collective decision procedure, that is, a procedure for collective decisions characterized by the fact that it is inclusive, more or less directly, of all the members of the group for whom decisions need to be made. The chapter then considers the domain of democratic reason and politics, before turning to the concept of democratic reason as the collective intelligence of the people. Finally, the chapter closes with a brief overview of the following chapters.

Confronting Removal

2018 ◽  
pp. 83-100
Author(s):  
Amy Murrell Taylor
Keyword(s):  
Black Women ◽  
Black Men ◽  
Mississippi River ◽  
White Men ◽  
People Of Color ◽  
Men And Women ◽  
Racial Ideologies ◽  
The People ◽  
Competing Ideas ◽  
The Relationship

This chapter focuses on the relationship between race and space—between competing ideas for how people of different races should reside spatially—by looking at the Union army’s various attempts to remove refugees en masse. These removals attempted to resettle the people in places far removed from active combat, including northern states, islands in the Mississippi River, and even Haiti. Some of these efforts bore a great deal of resemblance to antebellum colonization plans, and, as in those cases, black men and women in the Civil War largely resisted being sent away. Most of the removals were justified by white officials in environmental terms, driven by racial ideologies that linked particular climates and landscapes to people of color. The chapter also argues that removals were sometimes triggered by concerns about gender and sex too—by beliefs that the physical proximity of black women and white men in military encampments had made rape inevitable.

Colossus, Codebreaking, and the Digital Age

Colossus ◽  
2006 ◽  
Author(s):  
Stephen Budiansky
Keyword(s):  
Digital Age ◽  
General Purpose ◽  
Second World War ◽  
World War ◽  
Men And Women ◽  
The People ◽  
History Of ◽  
The Government ◽  
Post War ◽  
Second World

The paths that took men and women from their ordinary lives and deposited them on the doorstep of the odd profession of cryptanalysis were always tortuous, accidental, and unpredictable. The full story of the Colossus, the pioneering electronic device developed by the Government Code and Cypher School (GC & CS) to break German teleprinter ciphers in the Second World War, is fundamentally a story of several of these accidental paths converging at a remarkable moment in the history of electronics—and of the wartime urgency that set these men and women on these odd paths. Were it not for the wartime necessity of codebreaking, and were it not for particular statistical and logical properties of the teleprinter ciphers that were so eminently suited to electronic analysis, the history of computing might have taken a very different course. The fact that Britain’s codebreakers cracked the high-level teleprinter ciphers of the German Army and Luftwaffe high command during the Second World War has been public knowledge since the 1970s. But the recent declassification of new documents about Colossus and the teleprinter ciphers, and the willingness of key participants to discuss their roles more fully, has laid bare as never before the technical challenges they faced—not to mention the intense pressures, the false steps, and the extraordinary risks and leaps of faith along the way. It has also clarified the true role that the Colossus machines played in the advent of the digital age. Though they were neither general-purpose nor stored-program computers themselves, the Colossi sparked the imaginations of many scientists, among them Alan Turing and Max Newman, who would go on to help launch the post-war revolution that ushered in the age of the digital, general-purpose, stored-program electronic computer. Yet the story of Colossus really begins not with electronics at all, but with codebreaking; and to understand how and why the Colossi were developed and to properly place their capabilities in historical context, it is necessary to understand the problem they were built to solve, and the people who were given the job of solving it.

scholarly journals Law in and Legitimacy South Africa

1995 ◽  
Vol 20 (02) ◽  
pp. 407-479
Author(s):  
Stephen Ellmann
Keyword(s):  
South Africa ◽  
Legal System ◽  
New South ◽  
The South ◽  
Men And Women ◽  
System A

This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response to the legal system: the conservatives, forbearing, mutely concerned with such issues as order and security, and perhaps disposed to be deferential to institutions of white authority; the speakers, fueled by faith in the truth or power of their speech, and welcoming the opportunity to be heard that courts could povide; and the activists, adamantly detennined to bnng down apartheid, and judgrng institutions and people by their conhibution to that goal. For men and women thinking in these ways, anti-apartheid lawyering probably did contribute to legitimizing the legal system and that system's ideals. But this partial legitimation of the legal system is, in the end, no came for regret; instead, it may have helped the new South Africa begin building a nation governed by law.

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