scholarly journals Implementation of Mediation and Hakam in Divorce Case in Religious Court

2020 ◽  
Vol 8 (2) ◽  
pp. 274-281
Author(s):  
Salman Salman
Keyword(s):  
Islamic Law ◽  
Divorce Rate ◽  
Litigation Process ◽  
Religious Courts

The resolution of divorce cases in the Religious Courts is still more dominant in the orientation of the litigation process than the non-litigation process, even though the spirit of suppressing the increase in the divorce rate from year to year is one of the missions that the Religious Courts want to achieve. Mediation institutions are actually established to encourage the realization of these ideals, but the results are still far from adequate. In fact, there are other ways in Islamic law that are believed to be effective in reducing the divorce rate, namely hakam. Unfortunately the rights have not been maximally applied by judges in resolving divorce cases at the Religious Courts

scholarly journals IMPLEMENTASI KEBIJAKAN PERATURAN MAHKAMAH AGUNG NOMOR I TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN AGAMA BANDUNG KELAS I.A

1970 ◽  
Vol 18 (1) ◽  
pp. 1-18
Author(s):  
Kun Budianto
Keyword(s):  
Dispute Resolution ◽  
Islamic Law ◽  
Regulatory Policy ◽  
Mediation Process ◽  
Court Cases ◽  
Policy Rules ◽  
Litigation Process ◽  
Settlement Of Disputes ◽  
Sense Of Justice ◽  
Religious Courts

This article discussed regulatory policy on mediation in religious courts way dispute resolution through mediation according to Islamic law and implementation of mediation in settlement court cases in Religious Courts Bandung Class I A. This research base on the policy rules by mediation in the  Religious Courts;  (a)  the  benefits to  be  gained if mediation used as a means in the  settlement  of  disputes,  namely  the  mediation process  could overcome  the  problem  of  accumulation of  matter,  the  mediation process is viewed as a means of dispute resolution that is faster and cheaper than the litigation process, enforcement of mediation can expand access for all parties to gain a sense  of  justice,  (b)  provision their peace  efforts in legislation.  (c) Indonesian society is a society that likes peace. The Implementation of the mediation process done with two ways, namely mediation initial litigation, and over litigation.

scholarly journals DIVORCE BEYOND THE COURT OF RELIGION FOR HIGHER EDUCATION (GRADUATE)

2020 ◽  
Vol 12 (1) ◽  
pp. 57-70
Author(s):  
Yanti Yanti
Keyword(s):  
Higher Education ◽  
Islamic Law ◽  
History Of Higher Education ◽  
Educational History ◽  
The People ◽  
Litigation Process ◽  
History Of ◽  
Religious Courts ◽  
Court Hearing ◽  
High Educational

The background in this study is divorce outside the Religious Courts conducted by couples who have a history of higher education (bachelor). In-Law Number 1 of 1974 Article 39 and Compilation of Islamic Law Article 115 which states that "Divorce can only be carried out before a Religious Court hearing after the Religious Court has tried and failed to reconcile the two parties". The existence of these laws and regulations applies to all Indonesian citizens who are Muslim. Although it has been explicitly explained in the legislation regarding the necessity of divorce before a court hearing, in reality, the law is still ignored. Just like what happened in Renah Sungai Ipuh Village that the people in this village are still conducting divorce outside the court, from the data obtained by the author from 2013-2017 there were 24 couples who had divorced outside the Religious Court and 7 pairs of the perpetrators of the divorce were couples who have a high educational history (bachelor). The method used in this research is to use qualitative methods, namely analyzing the data that has been obtained. The conclusion of this research is first, that the causes of divorce outside the Religious Courts are 1. because they follow customs, 2. because they want to maintain their good name, 3. because of coercion from parents and 4. because the litigation process is too long and difficult. Second, the response of BP4 to the practice of divorce outside the Religious Courts, BP4 felt very concerned about the condition of the community who did not want to register their divorce in the Religious Courts, this BP4 has carried out its duties and functions to the maximum extent but has not been successful.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.

scholarly journals POLITICAL PARTIES AND ISLAMIC LAW POSITIVIZATION IN CONTEMPORARY INDONESIAN GOVERNANCE

2021 ◽  
Vol 9 (2) ◽  
pp. 75-86
Author(s):  
Arip Purkon
Keyword(s):  
Political Parties ◽  
Islamic Law ◽  
Boarding School ◽  
Religious Communities ◽  
Analysis Techniques ◽  
The Reformation ◽  
Aceh Province ◽  
Legal Position ◽  
Religion And State ◽  
Religious Courts

Purpose of the study: This research aims to analyze the existence of Islamic law formalized into Indonesian law in the Reformation Era from 1999 to 2019 and explore whether it is legally stronger or weaker. Also tries to explore what Islamic law fields are formalized into Indonesian national law. Methodology: This research is qualitative research that is doctrinal law research with juridical analysis methods. The main source of research data is the law established between 1999-2019. Data is described systematically and objectively, then analyzed using content analysis techniques. Main Findings: During the Reformation Era 1999-2019, 17 Indonesian national laws contained formal Islamic law. The legal position of Islamic law became stronger in several fields, namely hajj (pilgrimage) and umrah management, management of zakat, implementation of special privileges Aceh Province, endowments (waqf) management, religious courts, state sharia securities, Islamic banking, halal product guarantee, marriage law and the existence of pesantren (Islamic boarding school). Applications of this study: This study is useful as a model example of a relationship between religion and state. Islamic law can be transformed into state law without changing the state principles. This research also provides a solution to Muslims (they are the majority in Indonesia) that Islamic law can be constituted as national law constitutionally and tolerant of other religious communities. Novelty/Originality of this study: The object of research is positivization in contemporary Indonesian governance that has been enacted between 1999-2019. In terms of time, this is very representative and updated.

scholarly journals PENELANTARAN RUMAH TANGGA SEBAGAI BENTUK KEKERASAN DALAM RUMAH TANGGA YANG MENJADI ALASAN PERCERAIAN DI MASA PANDEMI COVID-19 (Studi Kasus Pengadilan Agama Siak)

2021 ◽  
Vol 9 (2) ◽  
pp. 281
Author(s):  
Yusnanik Bakhtiar
Keyword(s):  
Empirical Research ◽  
Government Regulation ◽  
Islamic Law ◽  
Divorce Rate ◽  
Economic Factors

ABSTRACTDivorce can occur in every household that is experiencing problems. Many factors cause divorce, among which the most dominant is disputes and quarrels continuously, leaving one party, economic factors. At the time of the Corona Pandemic, of course, it will affect the divorce rate at the Siak Religious Court. The effect of this corona pandemic can cause the divorce rate to increase or vice versa to decrease. This type of research is an empirical research using juridical empirical research with a sociological juridical approach. This research is located at the Siak Religious Court. From the results of the research conducted by the author, data on the divorce rate entered into the Siak Religious Court in 2019 were 581 cases consisting of 175 divorce cases and 406 divorce cases. Meanwhile, in 2020 to October there is a tendency of decreasing divorce cases by 459 cases, consisting of 131 cases of divorce and 328 cases of divorce. So it can be concluded that the corona pandemic has no impact on divorce cases in the Siak Religious Court. The cause of divorce was motivated by the continuous disputes and quarrels as much as 78.50%, leaving one party 16.20% and economic factors as much as 3.55%. Regarding divorce itself is regulated in Law No. 1 of 1974 concerning Marriage, Government Regulation No. 9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage, and Inpres No. 1 of 1991 concerning Compilation of Islamic Law. Keywords: Divorce, Household Abandonment, Economy, Pandemic, Corona

scholarly journals The Discourse and Practice of Islamic Family Law in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Court System ◽  
Islamic History ◽  
Law System ◽  
Muslim Countries ◽  
Changing Times ◽  
The Impact ◽  
Civil Law System ◽  
Religious Courts

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.

scholarly journals Cerai Lebe sebagai Inisiatif Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar (Studi Kasus di Desa Cangkring Kabupaten Indramayu)

2020 ◽  
Vol 14 (1) ◽  
pp. 113-129
Author(s):  
Wardah Nuroniyah
Keyword(s):  
Social Action ◽  
Geographical Location ◽  
Legal Protection ◽  
Divorce Rate ◽  
Early Marriage ◽  
Cultural Conditions ◽  
The People ◽  
The Individual ◽  
The Village ◽  
Religious Courts

There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.

scholarly journals Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts

2017 ◽  
Vol 17 (2) ◽  
Author(s):  
Saut Maruli Tua Manik ◽  
Yaswirman Yaswirman ◽  
Busra Azheri ◽  
Ikhwan Ikhwan
Keyword(s):  
Islamic Law ◽  
Judicial Power ◽  
Economic Community ◽  
Second Amendment ◽  
Legal Construction ◽  
Religious Courts

The research focused on the importance of the establishment of special courts within the Religious Courts in the settlement of sharia economic disputes, and the legal construction of the establishment of a special syariah economic court within the Religious Courts. The results of research: First,the establishment of a special syariah economic court within the Religious Courts can achieve efficiency and professional realization so that the belief of sharia economic community towards the Religious Courts is realized. Second,the construction of the special law court of Islamic law within the Religious Courts is the 1945 Constitution and Law Number 48 Year 2009 on Judicial Power, and the position within the Religious Courts under the Supreme Courtin accordance with Law No. 3 of 2006 on Amendment to Law Number 7 of 1989 concerning Religious Courts jo Law Number 50 Year 2009 concerning Second Amendment to Law Number 7 Year 1989 on Religious Courts. DOI: 10.15408/ajis.v17i2.6082

scholarly journals Kedudukan Anak Non Muslim Terhadap Harta Warisan Ditinjau dari Kompilasi Hukum Islam

2019 ◽  
Vol 1 (1) ◽  
pp. 13-24
Author(s):  
Nizmah Nizmah
Keyword(s):  
Islamic Law ◽  
Literature Analysis ◽  
High Court ◽  
Muslim Children ◽  
The Law ◽  
The Right ◽  
Religious Courts

The noble Qur'an has explained the laws of inheritance, the conditions of each heir with a sufficient explanation, where no one among humans escapes the inheritance or inheritance. Because the Qur'an is the backing in establishing the law and the extent of its parts. And very few are determined based on Sunnah or ijma. there is no position of nonMuslim children on inheritance in compilation of Islamic law. While the Religious Court is a court that has the authority to examine and try inheritance disputes for people who are Muslim. Thus, if there is a dispute over inheritance issues between children of Muslims and non-Muslims, it must be resolved through the Religious Courts. Formulation of the problem in this study is how the position of non-Muslim children on the inheritance of Islamic heirs is reviewed from the Compilation of Islamic Law. with literature analysis it means that the author takes data based on existing literature. Based on the results of the study, according to the Compilation of Islamic Law dividing inheritance to the entitled heirs is the obligation of heirs to the heir to be implemented after the heirs have carried out other obligations as contained in. The position of nonMuslim children on the inheritance of Islamic heirs based on Islamic law does not obtain inheritance from the inheritance of their parents. According to the Compilation of Islamic Law as in the case of the Religious Court, it shows that the position of non-Islamic children on inheritance from the inheritance of the property of their parents does not receive the right inheritance, but based on the Religious High Court, get a section called "Wasiah Wajibah".

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