scholarly journals The Development of Indonesian Marriage Law in Jakarta Governor Regulation No. 185 of 2017

2021 ◽  
Vol 5 (2) ◽  
pp. 825
Author(s):  
Jayusman Jayusman
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Positive Impact ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Research Approach ◽  
Marriage Law ◽  
Health Checks ◽  
Progressive Policy

The Governor of DKI Jakarta regulates that any prospective bride and groom who intend to get married shall follow guidance and health checks. This policy is a condition for the implementation of marriage. The health checks carried out are not only Tetanus Toxoid vaccination, but also other health tests. If necessary, the doctor can provide a referral for further examination of medically found indications. The prospective bride and groom will then receive a marriage-worthy certificate. This certificate is one of the requirements to obtain the N1 form. This policy is significant leap taken by the Governor of DKI Jakarta. This present study concerns with the perspective of progressive law on DKI Jakarta Governor Regulation No. 185 of 2017 in the context of the development of Islamic family law in Indonesia. The study utilized library research approach with the descriptive analysis method. The primary data included the DKI Jakarta Governor Regulation No. 185 of 2017, and the secondary data were related literature. This study used the progressive legal theory and the Islamic law approach. The analysis and conclusion drawing were done deductively. The study revealed that the DKI Jakarta Governor Regulation No. 185 of 2017 is a progressive policy in preventing the transmission of infectious diseases among prospective brides and grooms, and in reducing maternal and infant mortality. This regulation shall bring goodness and benefit into domestic life, especially for the bridal couples and their descendants, as well as the society and nation. Further, the regulation shall give a positive impact on the development of marriage law in Indonesia.

scholarly journals ANALISIS KINERJA KOPERASI DAN DAN DAMPAKNYA TERHADAP KESEJAHTERAAN ANGGOTA (Studi Pada Koperasi Usaha Manunggal Desa Seresam Kecamatan Seberida Kabupaten Indragiri Hulu)

2019 ◽  
Vol 8 (2) ◽  
pp. 244-256
Author(s):  
Aris Triyono ◽  
Suwaji Suwaji ◽  
Marwan Indra Saputra
Keyword(s):  
Business Performance ◽  
Family Income ◽  
Positive Impact ◽  
Descriptive Analysis ◽  
Economic Value ◽  
Value Added ◽  
Secondary Data ◽  
Added Value ◽  
Primary Data ◽  
Access To Credit

Cooperatives are not only expected to be able to produce residual business results in each period, investment activities carried out by cooperatives must be effective in producing positive added value, therefore cooperatives need to be managed as well as possible so that they can grow into a strong and independent organization, with the best performance and ability raise the welfare of its members. This research is in Kopsa. Manunggal Enterprises, Seresam Village, Seberida District, Indragiri Hulu Regency, Riau Province. The purpose of this research is to find out and analyze Cooperative Performance and Its Impact on Members' Welfare. This study used a quantitative descriptive approach, the data the authors use are primary and secondary data, primary data obtained through questionnaires distributed to research respondents to measure Cooperative Performance and Members' Welfare Levels, and secondary data obtained directly from Kopsa. Manunggal Enterprises in the form of financial statement documents. The analytical tool used to measure / assess financial performance with the viewpoint of Economic Value Added (EVA. Cooperative Performance is measured based on 6 (six) indicators of Cooperative Performance, namely: Business Entity Activities, Business Performance, Members' Cohesiveness and Participation, Orientation to Member Services, Services to the Community and contribution to Regional Development Welfare level is measured based on aspects of family income, expenditure on consumption, employment status, health conditions and the ability to access other basic needs.The results of descriptive analysis show Kopsa. Manunggal Enterprises including Cooperatives that are performing well, households Farmers who are members of Kopsa, Manunggal Enterprises are included in the welfare category and the regression analysis conducted shows that the regression coefficient is positive, meaning that there is a positive impact between Cooperative Performance and Welfare. The better the Cooperative Performance will have a positive impact on increasing yes the welfare of members, this can happen because of the monoculture community farming patterns where the main source of income of the village community, especially Kopsa members. Manunggal Business is a commodity of oil palm plantations managed by cooperatives, so the cooperative performance variable becomes very influential in influencing the ease of service, distribution of member income, access to credit and other ease of convenience.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 49-64
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Ita Sofia
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Marriage Law ◽  
Minimum Age ◽  
Age Of Marriage ◽  
Court Hearing

AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam

scholarly journals DAMPAK ALIH FUNGSI LAHAN PERTANIAN CENGKEH TERHADAP KONDISI SOSIAL EKONOMI PETANI (Studi Kasus Petani Pemilik Lahan di Kelurahan Kumelembuai Kecamatan Tomohon Timur)

2017 ◽  
Vol 13 (3A) ◽  
pp. 63
Author(s):  
River Pieter Tandaju ◽  
Elsje P. Manginsela ◽  
Nordy F. L. Waney
Keyword(s):  
Agricultural Land ◽  
Negative Impact ◽  
Positive Impact ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Land Conversion ◽  
Local Society ◽  
Social Side ◽  
The Impact

The research aims to describe the impact of the conversion of agricultural land of cloves to the socio-economic condition of farmers. The study was conducted from May to July 2017. The data used are primary data obtained through interviews to 5 (five) respondents who sell land for land converted. Secondary data is obtained from Tetetana Hill nature reserve, Kumelembuai village government, books and journals. Data analysis used is descriptive analysis. The research results showed that viewed from the economic side, land conversion has a positive impact for the farmers family and local society. Positive impacts for farmers family include increasing the income, helping to construction the house of farmers, opening up a new farming businesses, and for local society like existence of jobs. Viewed from the social side, land conversion has positive and negative impacts, that is: change of farmers family life status (positive impact), and the influence of visitor habits toward society (negative impact).

scholarly journals THE APPLICATION OF SAFINDA METHOD IN TRANSLATION LEARNING AL-QUR'AN IN STUDENTS IN FATTAHUL MULUK PAPUA

2020 ◽  
Vol 8 (3) ◽  
pp. 286
Author(s):  
Syaiful Muhyidin ◽  
Achmad Abubakar ◽  
M. Sabir Umar ◽  
Munir Munir
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Research Approach ◽  
Validity Testing ◽  
Student Management ◽  
Interview Guide ◽  
Phenomenological Perspective ◽  
Read Word ◽  
Reading Activities

This paper elaborates on the application of the Safinda method in learning the translation of al-Quran for students at IAIN Fattahul Muluk Papua. This type is qualitative research, the research approach is a phenomenological perspective and a descriptive analysis approach, and data sources are primary data and secondary data, data collection techniques through observation, interviews, and documentation. The research instrument, namely, the researcher as a key instrument, observation guide, interview guide and documentation reference, data processing and analysis techniques namely data reduction, data presentation, conclusion and verification, data validity testing, namely triangulation techniques, checking the correctness of the information, discussing and consulting data, and extending research time. The results of the study found that the application of the Safinda method in learning the translation of al-Quran to students at IAIN Fattahul Muluk Papua was carried out by (a) paying attention to class management which included classroom arrangement and student management before entering preliminary activities; (b) in the introductory activity, the lecturer starts learning effectively and pleasantly by providing motivation to students; (c) the core activities are carried out through reading activities, aural-oral activities, and memorizing activities are all carried out classically and individually, namely the lecturer reads word for word followed by students, lecturers and students read word for word, students read word for word, the lecturer interprets it, the students interpret all the verses that have been read together, the students read one by one, then the lecturer gives the opportunity to students who do not understand to ask questions, and finally the lecturer explains all the verses that have been studied together. 

scholarly journals Inheritance of Community Property in Melayu Siak Community

2019 ◽  
Vol 6 (3) ◽  
pp. 234
Author(s):  
Lani Regina Yulanda
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Field Studies ◽  
Customary Law ◽  
Primary Data ◽  
Research Approach ◽  
Inheritance Law ◽  
Kinship System ◽  
Community Property ◽  
Qualitative Descriptive

The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected through field studies by conducting interviews with the respondents to obtain primary data and literature studies to obtain secondary data. The focus of this research is to find out and analyze inheritance over the community property in Melayu Siak community. The results of the study show that 1) there is a relationship between the kinship system and the existence of the community property. 2) the inheritance in Melayu Siak community is based on the Islamic inheritance law and its implementation is carried out based on the results of the deliberation.

scholarly journals Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Rosdiana Rosdiana ◽  
Hotnidah Nasution
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Marriage Law ◽  
Positive Law ◽  
Central Java ◽  
Religious Doctrine ◽  
Library Research ◽  
The Status ◽  
The Law

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives

scholarly journals IMPLEMENTASI PERATURAN GUBERNUR ACEH NOMOR 5 TAHUN 2018 DI KABUPATEN ACEH TIMUR

2021 ◽  
Vol 9 (1) ◽  
pp. 24
Author(s):  
Fajar Adi Putra
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Class Ii ◽  
Primary Data ◽  
Procedural Law ◽  
Technical Instructions

Aceh is a province in Indonesia that applies Islamic law in law enforcement, not infrequently in law enforcement in East Aceh District by prosecutors experiencing obstacles in applying Aceh Governor Regulation No. 5 of 2018 for the perpetrators of Jarimah, so that the implementation up to now the Prosecutor is guided by the Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law. This study aims to find out how the implementation of the Aceh Governor's Regulation No. 5 of 2018 by the Prosecutors in East Aceh District and why the implementation of the Aceh Governor's Regulation is experiencing obstacles. This study uses an empirical juridical approach to the research location in Lapi Class II B Idi, as well as using secondary data and primary data, then collecting data from literature, interviews and observations, and from the results of these data the data are arranged in a descriptive analysis. The conclusion of this study is that Aceh's Governor Regulation Number 5 Year 2018 cannot be implemented in Idi Class II B Prison, so that in carrying out the Prosecutor's whip uqubat based on Article 262 Aceh Qanun Number 7 of 2013, this is due to obstacles encountered by the Prosecutor in implement the Governor Regulation Number 5 of 2018, including the absence of facilities and infrastructure in Class II B Idi prison, the absence of Technical Instructions and Implementing Guidelines related to the implementation of Governor Regulation Number 5 of 2018 from the Aceh High Prosecutor Office and Class II B Idi Prison, the budget which is limited from the local government, will cause a commotion between prisoners, and the community does not know the whip, given the spirit of the whip is to give the effect of shame on the perpetrators and provide lessons for the community.

scholarly journals Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)

2020 ◽  
Vol 2 (4) ◽  
pp. 601
Author(s):  
Eka Damayanti Damayanti ◽  
Aryani Witasari
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Executive Branch ◽  
Rape Victim ◽  
Primary Data ◽  
Sociological Approach

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.

scholarly journals MOTIVASI PETANI DALAM BUDIDAYA TANAMAN CABAI DI DESA RAANAN BARU KECAMATAN MOTOLING BARAT KABUPATEN MINAHASA SELATAN

2021 ◽  
Vol 17 (2) ◽  
pp. 203
Author(s):  
Dolfina ., Krois ◽  
Ribka M. Kumaat ◽  
Theodora M Katiandagho
Keyword(s):  
Data Analysis ◽  
Positive Impact ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Likert Scale ◽  
Primary Data ◽  
District Office ◽  
Economic Motivation ◽  
Economic Needs ◽  
The Village

This study aims to determine the motivation of farmers in chili cultivation and the factors that influence the motivation of farmers in cultivating chili plants in Raanan Baru Village. The data analysis used in this research is descriptive analysis using the Likert scale. This research was conducted for three months, from January to March 2020. The research took place in Raanan Baru Village, Motoling Barat District, South Minahasa Regency. The data used in this study are primary data and secondary data. Primary data obtained through interviews with 30 farmers who cultivate chili plants as research samples. Secondary data were obtained from the village office, the Motoling Barat sub-district office, South Minahasa district The results showed that the motivation of farmers in cultivating chili plants in Raanan Baru Village was found that sociological motivation had a high interpretation value of 443.3 percent in the hope that it could fulfill their economic needs. Sociological motivation arose because of the desire to strengthen harmony and exchange opinions among chili farmers. Economic motivation has a high value interpretation with a percentage of 464 percent. Economic motivation arises because of the desire to get a higher income which can have a positive impact. 

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