KAJIAN HUKUM PROGRESIF TERHADAP PASAL 2 UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Martha Eri SafiraAbstract: A marriage, refers to legal law of marriage article 2, is legitimate if the doers marry under their religious law. A legal marriage refers both to doers’ religious procedures and to society perspective. Nevertheless, the most important thing is that government trough its officers should legalize the marriage for legal reason. An illegal marriage and divorce will drive to problematic level. It is probably legal for society but illegal to marriage officers as ‘pencatat nikah’ who base their legality to legal law of marriage. The former, consequently, takes ‘negative domino effect’ not only for a wife but also for her kids legally and socially. This short paper is to elaborate legal law of marriage by using both progressive law, shari>’ah law and law educational system. Do progressive law and the others afford and give solution to protect women and their kids legally and socially?Keywords: Perkawinan di bawah tangan, hukum progresif, hukum perkawinan, dan penegakkan hukum

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ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

Anterior Jurnal ◽

10.33084/anterior.v15i1.204 ◽

2015 ◽

Vol 15 (1) ◽

pp. 94-103

Author(s):

Sanawiah Sanawiah

Keyword(s):

Islamic Law ◽

Marriage Law ◽

Positive Law ◽

Religious Law ◽

The Law ◽

Marriage Laws ◽

Islamic Marriage ◽

Legal Marriage ◽

Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

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Sadducees and Pharisees: Two Controversies

Israel Law Review ◽

10.1017/s0021223700016174 ◽

1999 ◽

Vol 33 (4) ◽

pp. 743-755

Author(s):

Reuven Yaron

Keyword(s):

Short Paper ◽

Strict Sense ◽

Marriage And Divorce ◽

The Law ◽

Interim Period ◽

The Way

Our colleague, Professor Ze'ev Falk died on the eve of Rosh Hashana 5759, at the age of 75. His scholarly interests ranged widely; he was expert, inter alia, on the law of the interim period, between Bible and Talmud. Concerning later periods, his attention was given primarily to the law of marriage and divorce. He was a deeply religious man, yet free from any trace of complacency. When, as happens, he was unhappy with the way halakha went, he was wont to speak out and search for solutions. That the custodians of halakha would not tend to heed his suggestions, need not surprise. As a rule, they are reluctant to take notice of question-marks and solutions originating from without; and in their strict sense Falk was an outsider. But this was their problem rather than his.This short paper is presented here in eius memoriam, as a token of friendship and respect. It would have been within the sphere of his interest.May he rest in peace.

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The Urgence of Reconstruction the Offense of Adultery in Indonesia: A Form of Protection Against Legal Marriage and Sexual Morals Muslim Society

Ijtimā iyya Journal of Muslim Society Research ◽

10.24090/ijtimaiyya.v2i1.1063 ◽

2017 ◽

Vol 2 (1) ◽

pp. 67-88

Author(s):

Any Ismayawati

Keyword(s):

Local Community ◽

Phenomenological Approach ◽

Criminal Code ◽

Muslim Society ◽

The People ◽

Religious Law ◽

Research Designs ◽

Religion And State ◽

Legal Methodology ◽

Legal Marriage

The aim of this study is to find exact formulation of the offense of adultery. Problems in the research: 1) how Indonesian muslim society understand and act toward adultery, 2) why muslimsociety solve adultery without taking 284 Criminal Code, 3) why reconstruction of adultery law is needed, The research designs are qualitative tradition, constructivism paradigm, socio legal methodology, while its approaches are hermeneutics, philosophy and phenomenological approach. Its analyzing data technique are inductive analysis through data reduction and triangulation.The results show that Indonesian muslimsociety in sanctioning toward people committing intercourse without any legal marriage. In sanctioning is based on local custom and Islamreligion believed by major local community, with its priority on justification principle, between human as individual and as social creatures, and its justification between the victim’s need and the actor’s importance.The conclusion is that adultery criteria based on society is every intercourse without legal marriage, in accordance of religion and state, both is done by heterogeneous gender or homogenous gender. The value on 284 Criminal Code clause does not suit on the believed value by society since it only protects marriage institution. Meanwhile, in the values of Islamreligion, ones whom are protected is not only marriage institution but also the values of sexual moral society, so muslimsociety does not use 284 Criminal Code clause to take an action toward adultery actor.In progressive law, if law has problem therefore it needs to be reconstructed, and it is not the people to be insisted in adopting toward the law, then 284 Criminal Code clause must be reconstructed, because it is not effective and cannot create proper justice for Indonesian society. In the concept of Legal Pluralism, to reconstruct the clause must based on religious law, local custom and state Law, to create perfect justice.

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The promises and perfidy of cryomicroscopy and analysis

Proceedings, annual meeting, Electron Microscopy Society of America ◽

10.1017/s042482010016964x ◽

1994 ◽

Vol 52 ◽

pp. 382-383

Author(s):

Patrick Echlin

Keyword(s):

Low Temperature ◽

High Energy ◽

Short Paper ◽

List Type ◽

Time Resolved ◽

Energy Beam ◽

Cellular Analysis ◽

Dissolved Ions ◽

Embedding Medium ◽

Low Temperature Microscopy

The unusual title of this short paper and its accompanying tutorial is deliberate, because the intent is to investigate the effectiveness of low temperature microscopy and analysis as one of the more significant elements of the less interventionist procedures we can use to prepare, examine and analyse hydrated and organic materials in high energy beam instruments. The promises offered by all these procedures are well rehearsed and the litany of petitions and responses may be enunciated in the following mantra.Vitrified water can form the perfect embedding medium for bio-organic samples.Frozen samples provide an important, but not exclusive, milieu for the in situ sub-cellular analysis of the dissolved ions and electrolytes whose activities are central to living processes.The rapid conversion of liquids to solids provides a means of arresting dynamic processes and permits resolution of the time resolved interactions between water and suspended and dissolved materials.The low temperature environment necessary for cryomicroscopy and analysis, diminish, but alas do not prevent, the deleterious side effects of ionizing radiation.Sample contamination is virtually eliminated.

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