scholarly journals INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE

2020 ◽  
Vol 50 (2) ◽  
pp. 361
Author(s):  
Adi Nur Rohman ◽  
Sugeng ◽  
Hesti Widyaningrum

Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex-officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law

2020 ◽  
Vol 2 (2) ◽  
pp. 122-139
Author(s):  
Hamzah Hamzah

AbstractThis study examines the role of religious courts in the construction of Islamic inheritance law. Its urgency is to open the dimensions of birth and the growth of inheritance law in the development period of religious courts. In addition, it opens up concrete reasons for the existence of the inheritance law bill that has yet to reach a climax. The methodology in this study is a narrative literature study, with a historical approach by observing juridical aspects in the growth of inheritance law.The findings in this study show that Islamic law existed since the era of the sultanate and was used as an applied law in society, including inheritance law that has been embedded in Islamic law. The authority of the religious judiciary in the field of inheritance became disoriented when the colonialists entered the colonies by applying the receptiveness theory as outlined in the form of the Staatsblad. The climax of the authority of the religious courts is the unification of the judiciary (one roof system) and its independence as the executor of judicial power. The challenge for religious courts in the field of inheritance is the unavailability of material law and the inheritance law bill which creates uncertainty.Keywords: Dynamics; Inheritance law; Religious Courts.


2020 ◽  
Vol 1 (2) ◽  
pp. 133
Author(s):  
Trubus Wahyudi ◽  
Masrur Ridwan

The law enforcement paradigm regarding the legal imposition of the Defendant in the case of sued divorce lawsuit as the implementation of Perma No. 3 of 2017, the factor of law protection and justice for women and children's rights due to the divorce of their parents in the Religious Court is essential as the upholding of the rule of law and justice. Judges in adjudicating women's cases against the law must adhere to the following principles: respect for human dignity, non-discrimination, gender equality, equality before the law, justice, benefit and legal certainty. The process of adjudicating a divorce case, even if the initiative of the case is from the woman, her rights must be protected by the former wife, as well as the rights of her child. Normatively, the legal arrangements for the divorce case are Article 73 to Article 83 of Law Number 7 of 1989 Jonto Article 114 to Article 156 Compilation of Islamic Law, and as the initiator of the filing of the divorce case is the wife as the plaintiff. This study uses a sample of several decision objects in certain Religious Courts in the jurisdiction of the High Court of Religion, Central Java, through a series of research methods with a sociological juridical approach or social legal research, and data collection techniques through interviews and literature study. The implementation of Perma No. 3 of 2017 regarding the legal imposition of the Defendant in the case of sued divorce lawsuit in the Religious Court can be formulated in the form of a dictum of the Judge's decision "Condemnatur" as a court product that contains the rights of the former wife as the Plaintiff, as well as the rights of child support, fees sustainability of education and health that is just.


2019 ◽  
Vol 8 (2) ◽  
pp. 228
Author(s):  
Nurhadi Nurhadi

Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.


2020 ◽  
Vol 8 (01) ◽  
pp. 116
Author(s):  
Dwi Wulandari

During this time, science Mawaris only studied in the Islamic legal literature, which is still general science. The distribution of inheritance follows what has been mentioned in the Qur'an and al-Sunnah and there are additions from the ijtihad results of the Companions in the Arab countries. The structure of Indonesian people's life which is different from the Arab community, makes the Islamic Inheritance Law appear rigid and difficult when applied in Indonesia, so that many Muslims in Indonesia prefer adat inheritance law. Through the literature study method, writing examines as well as disseminates information related to the Compilation of Islamic Law that is used to implement Islamic inheritance law in Indonesia that is not widely known by the public. Indonesian ’ulama who have studied mawaris, are trying to formulate Islamic inheritance law by considering the conditions of Indonesian society, so that this Islamic inheritance law can be accepted by Indonesian Muslims. The efforts of the 'ulama bore fruit with the birth of the Compilation of Islamic Law, even though its status is still the President's instruction and has not been made official as a law. But it has been applied in the Religious Courts and is disseminated and reviewed in tertiary institutions.


2021 ◽  
Vol 4 (1) ◽  
pp. 41-58
Author(s):  
Imam Hafas

Pernikahan adalah sebuah ikatan lahir bathin antara dua belah pihak yang mempunyai tujuan membentuk keluarga bahagia. Adapun, pernikahan yang berlaku di Indonesia adalah pernikahan yang tercatat dan sah secara hukum Islam maupun hukum positif. Namun, dalam penelitian ini yang menjadi permasalahan adalah pernihakan yang tidak tercatat sebagaimana mestinya peraturan berlaku, yaitu nikah siri yang masih kerab terjadi, baik nikah siri yang biasa atau nikah siri dalam konteks poligami. Dalam kajian ini mencoba mencari dan menjelasn tentang sebuah permasalahan yang terangkum dalam rumusan masalah, yaitu faktor apa yang melatarbelakangi terjadinya nikah siri? Dan bagaimana keduduakan nikah siri dalam perspektif hukum Islam dan hukum positif?, dengan tujuan untuk mengetahui faktor yang menjadi penyebab terjadinya nikah siri dan kedudukan nikah siri. Jenis kualitatif yang berdasar pada liberary research dan pendekatan secara normatif serta komparatif serta penggunaan sumber data yang meliputi data primer dan sekunder. Studi dokumentasi dan wawancara menjadi tehnik pengumpulan data serta menggunakan deskriptif analisis sebagai analisa data yang diperoleh dalam penelitian ini. Hasil penelitian ini menunjukkan bahwa adanya nikah siri yang terjadi karena adanya biaya pernikahan yang mahal, kendala pada masa studi, serta kurangnya pendidikan dan pemahaman tentang pernikahan, sehingga nikah siri tersebut menjadi marak terjadi dikalangan masyarakat yang ada. Marriage is a physical and spiritual bond between two parties that has the goal of forming a happy family. Meanwhile, the marriage that applies in Indonesia is a marriage that is registered and valid under Islamic law and positive law. However, in this study the problem is that marriages are not recorded as the regulations should apply, namely unregistered marriages that still occur frequently, such as regular siri marriages or unregistered marriages in the context of polygamy. The formulation of the problem in this study is to determine the position of unregistered marriage in the perspective of Islamic law and positive law. This type of qualitative uses literature study methods and normative and comparative approaches and uses data sources that include primary and secondary data. Documentation studies and interviews are data collection techniques and use descriptive analysis as an analysis of the data obtained in this study. The results of this study indicate that the existence of unregistered marriage occurs because of the high cost of marriage, constraints during the study period, as well as a lack of education and understanding of marriage, so that unregistered marriages are prevalent among the existing society. Unregistered marriage or marriage without the registration of either single marriage or because polygamy is a marriage that is not valid under positive law.Buku Akbar S. Ahmed. (2002). Rekonstruksi Sejarah Islam, Yogyakarta: Fajar Pustaka Baru.Bustami, Muhammad Said. (1995). Gerakan Pembaharuan Agama Antara Modernisme dan Tajdiduddin, Bekasi: Wacana Lajuardi.Departemen Agama RI. (2015). Al-Quran dan terjemah, Bandung:CV Darus Sunnah.  Husain, Muhammad. (2003). Sejarah Hidup Muhammad.  Jakarta:  Tintamas. Moleong, Lexi J. (2002). Metode Penelitian Kualitatif, Bandung: PT. Remaja Rosda Karya.Murteza M. Mutahhari. (1985). Wanita dan Hak-haknya dalam Islam,Terj, Hashem, Bandnung: Pustaka. Suhali Sufyan, Muhammad. (2012). Fiqih Mawaris Praktis, Bandung: Cipta Pustaka Media Perintis. Jurnal :Arzam. (2014). Hukum Islam Sebagai Revolusioner dan Egaliter dalam Kehidupan Sosial. Islamika, Vol. 14,  No. 1. Juni. 1-15.Asrizal. (2016). Peletakan Dasar-Dasar Hukum Kewarisan Islam (Tinjaun Historis atas Hukum Waris Pra dan Awal Islam). Al-Ahwal, Vol. 9, No.1. 125-137.  Fauzi, Fahrul.(2020). Larangan Perkawinan Sepersusuan Ditinjau dari Perspektif Hukum Islam dan Medis. Tahkim: Jurnal Peradaban dan Hukum Islam, Vol. 3, No. 2. 39-58.Haris, Munawir. (2015). Pembaharuan atas Hukum Keluarga di Indonesia: Satu Tinjauan Sosiologis. Ulumuna, Vol. 19, No. 1. June. 137-158.Hasibuan, Nia Kurniati.(2020). Implementasi Hukum Waris pada Masyarakat Adat Mandailing Perantauan (Studi pada Pardomuan Muslim Sumatera Utara Kota Palangka Raya). Tahkim: Jurnal Peradaban dan Hukum Islam, Vol. 3, No. 2,  115-130.Hermawan, A. Hendri dkk. (2018). Kewenangan dan Kedudukan Perempuan dalam Perspektif Gender: Suatu Analisis Tinjauan Historis. Marwah, Vol. 17, No. 1. 43-62.Kamadi, Dahar. (2013). Rustam. Kesetaraan laki-laki dan  perempuan dalam Hukum Perkawinan Islam. Sawwa,  Vol. 8, No. 2, April. 363-383.Rahim Amin, Abd. (2012). Hukum Islam dan Transformasi Sosial Masyarakat Jahiliyyah: (Studi Historis tentang Karakter Egaliter Hukum Islam). Jurnal Hukum Diktum, Vol. 10, No. 1. 2-10.Romziyana,Luthviyah. (2014).Pandangan al-Qur’an Tentang Makna jahiliyah Perspektif Semantik.Mutawatir: Jurnal Keilmuan Tafsir Hadis, Vol. 4, No. 1,118-138.Wahyuni, Sri. (2013). PembaharuanHukum Keluarga Islam di Negara-Negara Muslim.  Al-ahwal, Vol. 6, No. 2. 211-219.Zuhra, Fatimah. (2013). Relasi Suami dan Istri dalam Keluarga Muslim Menurut Konsep Al-Quran.  Analytica Islamimica, Vol. 2, No. 1.178-192.WebAbu Hapsin, “Islam dan Budaya Lokal: Ketegangan antara Problem Pendekatan dan Kearifan Lokal Masyarakat Jawa”, dalam http//www/kemenag,go.idacis1 filedokumene2AbuHapsin.pdf.Zainal, Asliah, Egaliter Laki-laki dan Perempuan  dalam Keluarga Islam: Antara Idealis dan Realitas. STAIN Sultan Qaimudddin Kendari dalam da.ristekdikti.go.


2019 ◽  
Vol 12 (4) ◽  
pp. 1
Author(s):  
Hajed A. Alotaibi

The transformative and regulatory accommodation model addresses practical challenges to accommodate religious laws and courts in the secular and democratic regimes. There is a strong evidence against the jurisdictional competition between secular and religious courts under defined conditions. There is no concern regarding the Shariah courts in the non-Muslim democracies, as majority of the country’s ethno-religious groups control the civil and rabbinical courts. In this regard, there is a need to mitigate the negative impact of Muslim Family Laws (MFLs) by the civil courts in non-Muslim majority countries because MFLs imply certain disabilities and limitations upon the displayed rights of women and children. To address these issues, the present study aims to discuss the possibilities and challenges faced by the multicultural and pluri-legal accommodations by focusing on the Islamic law and institutions within the non-Muslim democracies. The results have shown that the reformation of rules and procedures internalize certain principles and discourses due to increased compliance of religious courts with the high court rulings. Increase in the number of Muslim judges on civil courts would help to overcome lack of legitimacy in the perspectives of the Muslim minority that is the main reason of shortcomings of both ex post and ex ante oversight mechanisms.


Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

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.


2020 ◽  
Author(s):  
Maihilza Wiwi Fauziah

Specialized service management is a process of providing service needs to students to support learning activities so that educational goals can be achieved effectively and efficiently. The services provided by the school are very satisfying, such as a library that is equipped with books that fit the lesson, labor that makes students feel happy to experiment, the school health unit (UKS) is a health business run at a school that makes students majoring in science especially feel comfortable and at ease, school cafeteria, religious advice, boarding, cooperatives and transportation. The researcher uses the literature study method by collecting literature study methods by collecting material materials both sourced from books, journals, and other sources related to the administration of facilities and infrastructure. Related sources are about understanding special service administration, types of special services, and also the role of the teacher in the administration of special services. Research uses the literature study method by collecting literature study methods by collecting material materials both sourced from books, journals, and other sources related to the administration of facilities and infrastructure. Related sources are about understanding special service administration, types of special services, and also the role of the teacher in the administration of special services.


AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari

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.


Arsitektura ◽  
2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Dewi Saraswati ◽  
Ahmad Farkhan ◽  
Amin Sumadyo

<em>The design of Sarangan Lake resort done by the needs of tourist on its area, unfullfield of tourist needs on accommodation facilities, increasing number of uncare building towards negative impact to the environment, so the purpose from this design is to get a building design that could provide accommodation facilities to the tourist of Sarangan Lake, with the design that concern about environment. The design issue is how ecological architect can be applied into design of Sarangan Lake resort. Design method is using architectural design, started from initial idea, preliminary understanding of architecture about the planned object, research and problem formulation, literature study as substantial reference, data analysis and information, analysis of general and specific approach towards designed object and formulation of design concept, analysis of design concept approach which more specific about the to-be-designed object, and architectural design transformation and preliminary design as well. The result is a design concept of resort hotel facilities as lodging accommodations by applying the characteristic of the ecological architect to the building design.</em>


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