scholarly journals Hakikat Perceraian Berdasarkan Ketentuan Hukum Islam Di Indonesia

2020 ◽  
Vol 11 (1) ◽  
pp. 87
Author(s):  
Dahwadin Dahwadin ◽  
Enceng Iip Syaripudin ◽  
Eva Sofiawati ◽  
Muhamad Dani Somantri
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Basis ◽  
Legal Development ◽  
Is Implementation ◽  
Two Sides

<p>Divorce is one of the provisions contained inside constitution number 7 years 1989 article 65 about religious justice and compilation of islamic law article 115 and constitution number 1 years 1974 about marriage article 39 explain that divorce only can be done in front of the trial religious court after religious court trying and not succeeding reconcile the two sides. The main purpose divorce to be affairs authority religious court (see article 49) is to give discipline de jure for people who are Muslim in handling family matters. So that with various presence which mandates divorce done in front of the trial give taste satisfaction and comfort for seekers justice in search justice on environment of the religious court. Theory in writing this is used as basic analysis write in reviewing normatively and scientific  that is legal purpose theory, legal development, law enforcement and law enforcement in Indonesia. Normatively study write used legal basis which applies in the environment religious court in Indonesia. Between : 1) constitution number 1 years 1974 about is marriage. Constitusion number 7 years 1989. Constitution number 3 years 2006 <em>Jo </em>constitution number 50 years 2009 about is religious court, compilation of islamic law, and PP number 9 years 1975 about is implementation constitution number 1 years 1974 with the purpose of creating justice, benefit, discipline and peace of the community, and benefit for people who seek justice in the environment religious court in Indonesia.</p><p> </p><p><strong>Abstrak</strong></p><p>Perceraian merupakan salah satu ketentuan yang terdapat di dalam Undang-undang No 7 Tahun 1989 Pasal 65 tentang Peradilan Agama dan Kompilasi Hukum Islam (KHI) Pasal 115 dan UU No. 1 Tahun 1974 tentang Perkawinan Pasal 39 menjelaskan bahwasannya perceraian hanya dapat dilakukan di depan sidang Pengadilan Agama setelah Pengadilan Agama  berusaha dan tidak berhasil mendamaikan kedua belah pihak. Tujuan utama perceraian menjadi urusan wewenang pengadilan agama (lihat Ps. 49) adalah untuk memberikan ketertiban secara hukum bagi orang-orang yang beragama Islam dalam menangani persoalan keluarga. Sehingga dengan hadirnya berbagai ketentuan yang mengamanatkan perceraian di lakukan di depan sidang pengadilan memberikan rasa kepuasan dan kenyamanan bagi para pencari keadilan dalam mencari keadilan di lingkungan badan peradilan agama. Teori dalam penulisan ini yang digunakan sebagai dasar analisis penulis dalam mengkaji secara normative dan ilmiah yaitu teori tujuan hukum, pembangunan hukum, penegkan hukum dan pemberlakuan hukum di Indonesia. Kajian secara normatif penulis menggunakan dasar hukum yang berlaku di lingkungan lembaga pengadilan agama di Indonesia. Diantaranya : 1) UU No. 1 Tahun 1974 tentang Perkawinan. UU No. 7 Tahun 1989 <em>Jo </em>UU No. 3 Tahun 2006 <em>Jo </em>UU No. 50 Tahun 2009 tentang Peradilan Agama, Kompilasi Hukum Islam (KHI), dan PP No. 9 Tahun 1975 tentang Pelaksanaan UU No. 1 Tahun 1974 dengan tujuan untuk menciptakan keadilan, kemanfaatan, ketertiban dan ketentraman masyarakat, dan kemaslahatan bagi orang-orang yang mencari keadilan di lingkungan badan peradilan agama di Indonesia.</p>

scholarly journals Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1-23
Author(s):  
Zakiyatul Ulya
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Basis ◽  
Inheritance Law

Tradition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book.

scholarly journals THE DEVELOPMENT OF THE INDONESIAN CRIMINAL CODE DERIVED FROM THE YUDICIAL PARDON VALUE IN ISLAMIC LAW

ADDIN ◽  
2017 ◽  
Vol 11 (2) ◽  
pp. 295
Author(s):  
Sri Endah Wahyuningsih ◽  
Jawade Hafidz
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Qualitative Data ◽  
Islamic Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Legal Development

This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the <em>jarimah</em><em>-hudud</em> and <em>qisas-diyat</em> in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.

The Implementation Of Islamic Law At The Early Spread Of Islam In Indonesian Archipelago

2018 ◽  
Vol 16 (2) ◽  
pp. 113
Author(s):  
Kasman Bakry ◽  
Edi Gunawan
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Two Dimensions ◽  
First Century ◽  
Legislative Process ◽  
Human Dimension ◽  
Legal Basis ◽  
Normative Approach ◽  
Indonesian Archipelago ◽  
Two Sides

The study on the gradualityprinciple (tadarruj) of Islamic law in the context of Islamic law legislation in Indonesia has broad issues. The process of Islamization in the archipelago has been taking place gradually, since the advent of Islam in the 7th century AD or the first century of the emergence of Islam in Arab. The legislation efforts of Islamic law in the context of the legal system of a country always raises two sides, they are universal and the particular. Universality and particularity of the Islamic laware motivated by two dimensions, ie the dimensions of divinity (ilāhiyyah) and the human dimension (insāniyyah). This paper is a qualitative research that focuses on discussing regarding the implementation of Islamic law at the early spread of Islamin the Indonesianarchipelago, with the historically normative approach. The conclusion is the graduality principle has been applied in the legislative process in the Islamic law in Indonesia,but it has no formal legal basis in the form of laws regulating the formation of a national law, although it has been implemented in the legislation process of Islamic law. Keywords: Islamic law; Graduality; legislation; Indonesian Archipelago

scholarly journals Juridical Analysis of the Amount of Diyat Toward Armed Conflict Victims in Aceh

2018 ◽  
Vol 1 (4) ◽  
pp. 104-113
Author(s):  
Munawarsyah Munawarsyah ◽  
Januddin Januddin ◽  
Muhammad Jafar
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Armed Conflict ◽  
Islamic Law ◽  
Central Government ◽  
Legal Basis ◽  
The Government ◽  
Responsible Party ◽  
Standard Concept

Islamic criminal law recognizes a kind of punishment called as diyat (compensation) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or damage of victim body. The legal basis for the determination of diyat can be found in Koran, chapter Al-Baqarah verse 178. Apart from that, there is Hadist of Muhammad Prophet written by Abu Dawud (peace be upon him), explaining the amount of diyat based on crime category whether murder or torture.Aceh Governance has implemented this kind of punishment as a solution on criminal offences in realizing and fulfilling justice for armed conflict victims since 2002. In providing the policy of such payment for the victims in Aceh is based on the assumption that they are under the responsibility of state, therefore the government has determined the compensation on them. The amount of the compensation provided for the victims is not equal to the amount ruled by Islamic criminal law. Therefore, it is interesting to explore regarding the concept becoming the basic for determining it by Aceh Government, and compared it to the amount ruled by the law.The research reveals that the sum of money for the compensation of what called diyat based on Islamic criminal law is the standard concept but it can be replaced by sum of money or properties that have equal price. The basic rules for this punishment in Islamic criminal law can be found in Al-Baqarah verse 178 of Koran. Moreover, regarding the sum of payment that should be provided can be found in Hadith of Prophet of Muhammad Peace be upon him which is told by Imam Abu Daud, mercy Allah for him. Practically, in Islamic criminal law the court, responsible persons and a due date for the payment must decide it.  The rule consisting in the Islamic law is really different from the implementation of compensation done by Aceh Government towards the victims in Aceh. It is recommended that the Aceh Government should realize the rules of the sum of compensation that should be received by the victims or the families based on the determination of the Court as a legal basis. In addition, the Central government as the main responsible party in repairing the condition of the society after the conflict should become the priority and absolute. The law enforcement in fulfilling the rights in Aceh should be done by involving some parties especially priest. Hence the society of the victims in Aceh obtains justice and legal certainty to get their rights.

scholarly journals Qânûn Jinâyat Aceh dalam Perspektif Negara Hukum Indonesia

2016 ◽  
Vol 16 (2) ◽  
pp. 151-162
Author(s):  
Kamarusdiana Kamarusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
Public Awareness ◽  
Law Enforcement Officers ◽  
Legal Development ◽  
Aceh Province

The Jinâyat Qânûn of Aceh in the Perspective of Indonesian Legal State. Act Number 18 Year 2001 on Specific Autonomy for Aceh as the province of Nanggroe Aceh Darussalam and Act Number 11 Year 2006 on Aceh Government further confirm that the existence of Islamic law in Aceh has become national law, in terms of legal materials, law enforcement officers, as well as increasing public awareness of Islamic law in Aceh. Jinayat Qanun in Aceh province is a renewal of criminal law in Indonesia because a good law must reflect the living law in the society. Therefore, the applied law in Aceh today can be used as a model of the national legal development in Indonesia.DOI: 10.15408/ajis.v16i2.4445

OPERATIVE-SEARCH MONITORING THE INTERNET AS AN ELEMENT OF COUNTERING CRIMES OF EXTREMIST DIRECTION

2020 ◽  
pp. 235-241
Author(s):  
Aleksey V. Kutuzov
Keyword(s):  
Law Enforcement ◽  
Relevant Information ◽  
Theoretical Development ◽  
The Internet ◽  
Legal Basis ◽  
Main Attention ◽  
Legal Norms ◽  
A Priority ◽  
Use Of Internet ◽  
Source Of Information

The article substantiates the need to use Internet monitoring as a priority source of information in countering extremism. Various approaches to understanding the defi nition of the category of «operational search», «law enforcement» monitoring of the Internet are analysed, the theoretical development of the implementation of this category in the science of operational search is investigated. The goals and subjects of law enforcement monitoring are identifi ed. The main attention is paid to the legal basis for the use of Internet monitoring in the detection and investigation of extremist crimes. In the course of the study hermeneutic, formal-logical, logical-legal and comparative-legal methods were employed, which were used both individually and collectively in the analysis of legal norms, achievements of science and practice, and development of proposals to refi ne the conduct of operational-search measures on the Internet when solving extremist crimes. The author’s defi nition of «operational-search monitoring» of the Internet is provided. Proposals have been made to improve the activities of police units when conducting monitoring of the Internet in the context of the search for relevant information to the disclosure and investigation of crimes of that category.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Konsep Khilafah Menurut Sayyid Quthb dan Taqiyuddin Al-Nabhani dalam Perspektif Syiasyah Syar’iyyah

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe
Keyword(s):  
Islamic Law ◽  
Descriptive Analysis ◽  
Data Sources ◽  
Primary Data ◽  
Legal Basis ◽  
Islamic World ◽  
The People ◽  
Qualitative Descriptive ◽  
The One ◽  
The Right

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.

scholarly journals The Request for Postponement of the Blashphemy Case Criminal Charge Reading by Police and Prosecutors

2021 ◽  
Vol 23 (1) ◽  
pp. 177-191
Author(s):  
Mohd Andalusia Masri ◽  
Dahlan Ali ◽  
Darmawan Darmawan
Keyword(s):  
Law Enforcement ◽  
Public Trust ◽  
Judicial Power ◽  
District Court ◽  
Legal Basis ◽  
Police Intervention ◽  
The Public ◽  
Positive Law ◽  
The North ◽  
Criminal Charge

This research aims to evaluate the police's request to postpone the criminal charge reading of the blasphemy case at the North Jakarta District Court, which was not based on Indonesia's positive law. The request to postpone a trial by the police without a legal basis could be considered a form of police intervention against the trial process, which has legal criminal consequences based on Article 3 Paragraph 2 and 3 of Law Number 48 of 2009 concerning Judicial Power. Meanwhile, the request for a two-week trial postponement by the public prosecutors due to their inability to complete the criminal indictment, as well as considering the request from the police, has created an impression that the public prosecutors have complied with the request of the police. It also injured public trust that demanded a fair and transparent law enforcement process.

Sign in / Sign up

Export Citation Format

Share Document