scholarly journals ISBAT NIKAH PASANGAN DI BAWAH UMUR DI PENGADILAN AGAMA PURWAKARTA

Asy-Syari ah ◽  
2021 ◽  
Vol 23 (1) ◽  
Author(s):  
Hanif Fauzi

Abstract: Marriage ratification or itsbat nikah is a way out for unregistered marriages in order to obtain registration and recognition from the state. Not every application for ratification of marriage is always granted, sometimes the application is rejected which refers to the Compilation of Islamic Law. This paper has the aim of revealing the basis for the judge's considerations as well as having a role as chairman of the Purwakarta Religious Court when processing several cases regarding the legalization of underage marriages which always grants and never rejects the application, this is interesting because there is a decision by another Religious Court judge who refuses similar application. This study uses this analysis method (content analysis) with a qualitative approach. The results of this study show that the judge in question concluded that the age of the bride and groom is not a benchmark for accepting or rejecting the application for itsbat marriage, but the parameter is that every marriage that meets the conditions and pillars is legal and worthy of marriage, but unfortunately the conclusion is not attached to the sheet. the decision and give the impression that it is very easy to apply for an istbat. Therefore, underage marriages as long as they fulfill the pillars and requirements are treated as legal marriages and will always be accepted and granted the application for ratification of marriage.Absktrak: Pengesahan nikah atau itsbat nikah merupakan jalan keluar bagi pernikahan yang tidak tercatat demi mendapatkan pencatatan dan pengakuan dari negara. Tidak setiap permohonan pengesahan nikah itu selalu dikabulkan, adakalanya permohonan itu ditolak yang mengacu pada Kompilasi Hukum Islam. Tulisan ini bertujuan untuk mengungkapkan dasar landasan pertimbangan hakim sekaligus memiliki peran sebagai ketua Pengadilan Agama Purwakarta ketika menangani beberpa perkara tentang pengesahan nikah perkawinan anak di bawah umur yang selalu mengabulkan dan tidak pernah menolak permohonan tersebut, hal ini menarik karena adaya putusan hakim Pengadilan Agama lain yang menolak permohonan yang serupa. Penelitian ini mengguna­kan metode analisis ini (content analysis) dengan pendekatan kualitatif. Hasil penelitian ini menunjukan bawa hakim yang bersangkutan memberikan kesimpulan bahwa usia pengantin bukanlah patokan untuk menerima atau menolak permohonan itsbat nikah, melainkan parameternya adalah setiap perkawinan yang  terpeuhi syarat dan rukunya itu adalah sah dan layak untuk diistbatkan, namun sangat disayangkan ungkapan tersebut tidak dilampirkan dan dituliskan secara jelas dalam setiap lembaran putusan yang memerikan kesan bahwa hakim sangat mempermudah sekali untuk menga­bulkan istbat. Oleh karena itu pernikahan dibawah umur selama memenuhi rukun dan syarat dininai sebagai perkawinan yang san dan akan selalu diterima dan dikabulkan permohonan pengeshan nikahnya di Pengadilan Agama Purwakarta.

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Kurnia Khairany

This study aimed to determining the positioning of the State Museum of West Nusa Tenggara based on visitor’s perception. The research method used was qualitative approach with data collecting through interview, observation and documentation. Informants is selected by accidental sampling technique. Data  from  interviews  with 20  informants  were  analyzed  using content analysis method. The  results  showed  that  the  State  Museum  of  West  Nusa  Tenggara  hada positioning as edutainment with dimensions of value, uniqueness, credibility, sustainability and conformity. The museum should consider the desire and needs of visitors with the main purpose of the museum, which is to present the mission of education as well as entertainment to the public. Thus, the Museum of West Nusa Tenggara is expected to be a place to gain knowledge and experience as well as recreation that reaches all levels of society. The most important contribution of this study is the positioning model of the State Museum of West Nusa Tenggara based on the perception of visitors i.e. edutainment concept to become a pioneer for further empirical research. It is expected that in the future the managerial of West Nusa Tenggara State Museum can increase visit to the museum. Keywords: Museum, positioning, visitor perceptions, edutainment


Author(s):  
Suci Rahmawati

<p><em>This article would explain the testament of the testamentary gift Number: 69/Pdt.G/2009/PN.Pdg., in the Padang District Court. As for the background of this research is the settlement of the will between the people of Islam, but decided by the district court, so there are some irregularities, both in terms of formal law and Islamic law. This research is a normative legal research with data analysis method in the form of content analysis. Based on the results of the decision are considered appropriate by the panel of judges who completed the case. Although there are no legal remedies from the parties against the decision of the district court judge, from the perspective of Islamic law the decision is still contrary to what should apply to people of Islam.</em></p><p><em> </em></p><p> </p>


2020 ◽  
Vol 28 (3) ◽  
pp. 359-382
Author(s):  
Md. Habibur Rahman ◽  
Muhammad Amanullah

The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, salam contract is made valid as an exception from this, considering the need of the people. The study follows a qualitative approach and uses the content analysis method to achieve the objectives. For data source and analysis, the study consults with related classical and contemporary literature. The study finds that in general, the articles of the Mejelle on salam contract conform to the prominent Schools of Islamic law. Among the notable contemporary applications of salam contract are salam financing, parallel salam, salam ṣukūk, salam in short selling, and so forth.


2019 ◽  
Vol 2 (02) ◽  
pp. 66-78
Author(s):  
Nurul Fadilah

The ideology of Pancasila as a way of life, the basis of the state, and national identity has a various challenge from time to time so that the existence of Pancasila as an Ideology must be maintained, especially in industrial revolution 4.0. The research method used is a qualitative approach by doing study of literature. In data collection the writer used documentation while in techniques data analysis used content analysis, inductive and descriptive. Results of the research about challenges and strengthening of the Pancasila Ideology in facing the era of the industrial revolution 4.0 are: (1)  grounding Pancasila, (2) increasing professional human resources based on Pancasila’s values, (3) maintaining the existence of Pancasila as the State Ideology.


2019 ◽  
Vol 27 (1) ◽  
pp. 37-68
Author(s):  
Meirison Alizar ◽  
Qasim Muhammadi

The tolerant spirit of Islam has inspired Ottoman rulers to adopt policies relating to non-Muslim citizens. The leadership crisis in the Ottoman Empire and the Western interests through capitulation have changed judicial system in the empire, including the system for non-Muslims that allows them to conduct their own judiciary and provide absolute freedom of religious matters. Tanzimāt, which is expected to bring improvements to the legislation system in Ottoman Empire, has marginalized Islamic law which is only enforced in aḥwāl al-shakhṣiyyah. Sultan Abdul Hamid II tried to maintain Islamic law by codifying Western European style. Some legal codifications contain qawāid fiqhiyyah (principles of Islamic law) which are sourced from the books of the Hanafi School of jurisprudence, and some others adopt Western laws by taking a few opinions of Islamic jurisprudence. This study analyzed various literatures related to policies towards non-Muslim citizens in the Ottoman era. The study uses descriptive and qualitative methods with a content analysis approach. Broadly speaking, this study found that the Ottoman Empire had given good treatment to non-Muslim citizens. The non-Muslim citizens get various facilities from the State, including the establishment of special institutions that handle their own affairs, although at the same time they have been used by Western countries to support their interests in Ottoman Empire.


Author(s):  
Fitra Maulidya ◽  
Ninuk Lustyantie

This research intends to describe the types of deviations contained in the collection of poems Calligrammes by Guillaume Apollinaire. The approach used is a qualitative approach with content analysis method. The data collection technique used is Miles and Huberman. The theory used as the main reference is the deviation theory according to Geoffrey N. Leech which divides the deviation into eight types, namely lexical deviation, phonological deviation, grammatical deviation which includes morphological and syntactic, graphological deviation, semantic deviation, dialectal deviation, deviation of register, and deviation of historical period. The result of data analysis from 7 poems found 5 out of 8 types of deviation which are diffused in each poem, including 24 semantic deviations, 18 graphological deviations, 4 deviations of register, 3 syntactic deviations and 2 lexical deviations. While the types of phonological deviation, morphological deviation, dialectal deviation, and deviation of historical period are not found in any of the data in this collection of poems Calligrammes.


2017 ◽  
Vol 39 (2) ◽  
pp. 149 ◽  
Author(s):  
Saul Ferraz de Paula ◽  
Maria Helena Gehlen ◽  
Jeferson Ventura ◽  
Cláudia Zamberlan ◽  
Rosiane Filipin Rangel ◽  
...  

  The objective was to know the perception of the caregiver about the learning needs of care to be performed at home. This is an exploratory descriptive research, with a qualitative approach. Data collection occurred through a semi-structured interview, from August to October 2014, with six caregivers of patients hospitalized in a medium-sized hospital in the municipality of Santa Maria, Rio Grande do Sul State. The data were analyzed by the content analysis method, identifying two categories: The caregiver's perception about the learning needs; The attendance of the caregiver's learning needs. The study showed that the learning based on empirical, instinctive and observational methodologies, without the participation of the nurse in the process. There is need to improve this learning. The participation of the nurse as an educator in the planning, organization and development of the educational action stands out, since he/she is part of the care; however, the caregivers did not visualize this professional. 


2021 ◽  
Vol 6 (3) ◽  
pp. 196-202
Author(s):  
Nurul Fakriah

In the 17th century, Nuruddin Ar-Raniry wrote a manuscript about the Aceh Kingdom, namely Bustanussalatin, which means the garden of the kings. Following the working title, in one part of the chapter, he described the garden that was a kingdom in detail. This study aims to determine if the garden existed in that era can deliver as an Islamic garden, considering the Kingdom was ruled based on Islamic law. To answer the part of Bustanussalation which described the garden was carried out using the content analysis method. The coding and sorting based on the concept of Islamic garden based on Islamic source, which is the Quran and Hadits, which has been carried out by other research. The result showed that the garden implemented the Islamic garden concept in picturing the garden in Heaven. However, it can not be denied that some restriction in sharia was disobeyed in the garden in using the elements of the causing the garden element historical garden.


Author(s):  
Ahmad Edwar

INDONESIAN JURISPRUDENCE: ISLAMIC LAW TRANSFORMATION IN LAW SYSTEM OF INDONESIA.: This study discusses about the idea of Islamic law renewal in Indonesia, as well as the figures, and it makes the term of Indonesian Jurisprudence and its formalization into the law system of Indonesia. The purpose of this study is to find the answer of these following points: Firstly, the interpretation or definition of Indonesian Jurisprudence concept; secondly, the figures who proposed Indonesian Jurisprudence and the result of their thoughts; and the third, the formalization of Jurisprudence concept with Indonesian nuance in the law system Indonesia. This study was a library research with a content analysis method. The results of this study are: (1) Indonesian Jurisprudence could be interpreted as a Jurisprudence concept that is more Indonesian local-based; (2) Hasbi As-Shiddiqi and Hazairin are two figures who proposed Indonesian Jurisprudence model, apart from other intellectuals. Hasbi is one of modernists who offered his ideas comprehensively, started from his “Indonesian Jurisprudence” concept until the law renewal including its principle and method. Meanwhile Hazairin offered the development of a new heritage system which interpreted and elaborated based on Al-Qur’an scriptural perception and Sunnah which is not a patrilineal system but bilateral (family model); and (3) formalization of Indonesian Jurisprudence concept produces some ordinance regulation products which are important formally and materially, such as Ordinance of Islamic Marriage Law, and also other rules under the Ordinance, such as Government Law, President Instruction, and Supreme Court Law, as well as Islamic Law Compilation and Sharia Economic Law Compilation


2015 ◽  
Vol 14 (1) ◽  
pp. 26-38
Author(s):  
Luisya Kamagi

Abstrak Tujuan penelitian ini untuk memahami secara komprehensif nilai-nilai humaniora dalam antologi puisi "Blues untuk Bonnie" karya WS Rendra. Metode penelitian yang digunakan deskriptif dengan pendekatan kualitatif. Teknik pengumpulan data dengan studi pustaka, dan teknik analisis data dengan analisis isi melalui kajian struktural semiotik. Hasil penelitian yakni antologi puisi Blues untuk Bonnie karya WS Rendra mengandung nilai-nilai humaniora yang terlihat melalui tanda-tanda semiotik berupa moralitas, simpati, empati, kasih sayang, kepedulian, kerjasama, dan toleransi. Temuan penelitian ini merekomendasikan bahwa masih banyak jenis-jenis karya sastra yang dapat dijadikan objek kajian dengan menggunakan pendekatan-pendekatan yang berbeda untuk mengungkap nilai-nilai pendidikan terutama pendidikan karakter bagi siswa dan mahasiswa. Temuan penelitian ini memberikan implikasi terhadap pengajaran sastra di sekolah lanjutan sampai perguruan tinggi dalam bentuk penyusunan bahan ajar atau pengembangan model pembelajaran apresiasi sastra sebagai alternatif pemecahan masalah pendidikan karater bangsa. Kata Kunci: Nilai-nilai humaniora, antologi puisi, kajian struktural semiotik Abstract The objective of this research is to understand comprehensively the humanities values in antology of poetry "Blues for Bonnie" by WS Rendra. The research used content analysis method with qualitative approach. Data collection techniques are used library study and data analysis techniques with content analysis through the study of structuralism semiotic. The result was the antology of poetry 'Blues for Bonnie" by WS Rendra contains humanities values seen through semiotic signs are morality, symphaty, empbaty, love, care, togetherness, and tolerant. The findings lead to the recomendation that there are still many kinds of literary works which can be the object of research by using different approaches for investigating education characters! values for students. This finding implicates to literary instruction in schools to universities in forms of teaching materials or literary appreciation instruction as one of the alternative problem solving of the nation character education. Keywords: humanity values, poetry antology, structuralism semiotic research


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