Juridical Review of the Legal Imposition of the Defendant in the Sued Divorce Case as the Implementation of Just PERMA No. 3 of 2017

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.

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

As-Syar'i : Jurnal Bimbingan & Konseling Keluarga ◽

10.47467/assyari.v1i1.45 ◽

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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KEDUDUKAN ANAK NON MUSLIM TERHADAP HARTA WARISAN DITINJAU DARI KOMPILASI HUKUM ISLAM

As-Syar'i : Jurnal Bimbingan & Konseling Keluarga ◽

10.47467/as.v1i1.45 ◽

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

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Legal Drafting in the Ottoman Period

Jurnal Ilmiah Al-Syir ah ◽

10.30984/jis.v17i1.806 ◽

2019 ◽

Vol 17 (1) ◽

pp. 39

Author(s):

Meirison Meirison

Keyword(s):

Ottoman Empire ◽

Design Process ◽

Islamic Law ◽

Prime Minister ◽

Qualitative Approach ◽

Literature Study ◽

Legal Decisions ◽

Long Time ◽

The Law ◽

Law And Justice

Ottoman Turkey is a country based on Islamic Shari'a in which all cases that will decide must refer to Islamic shari'a. The door of Ijtihad has been closed for a long time, thus opening the opportunity for the authorities to issue legal decisions after being investigated by scholars. The design process is complicated because the books of fiqh do not instantly explain the laws required. The legal drafting process in principle based on the Qur'an and al-Hadith which are manifested by the mufti or Syaik al-Islam after being proposed by the sultan through the prime minister. After obtaining syaikh al-Islam's approval, the law or law is deemed legitimate. With a qualitative approach, the author conducted a literature study and analyzed the data collected and interpreted legal drafting during the Ottoman period. The decline of the Ottoman Empire in various fields has led to renewal including reforms in the areas of legislation, law, and justice which demanded legal codification in the form of majallah Al-Ahkam Al-Adliyah. This Majallah contains the law mu'amalah, which leads to ahwal As-syakhsiyah and serves to maintain Islamic law, which almost eliminated due to secularity that occurred.

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Disparitas Putusan Hibah: Studi Analisis di Pengadilan Malang, Pengadilan Agama Tinggi Surabaya dan Mahkamah Agung

JURNAL INDO-ISLAMIKA ◽

10.15408/idi.v9i1.14829 ◽

2020 ◽

Vol 9 (1) ◽

pp. 91-114

Author(s):

Kamarusdiana Kamarusdiana ◽

Zakiyah Salsabila

Keyword(s):

Subject Matter ◽

Islamic Law ◽

Civil Code ◽

Legal Certainty ◽

High Court ◽

The Subject ◽

The Law ◽

Religious Courts

The term “grant” (hibah) in the Law Book of Civil Code (KUH Perdata) has been regulated in the Article from 1666 to that of 1693, while the Compilation of Islamic Law (KHI) regulates the grant mentioned in the Article from 210 to that of 214. The subject matter of grant in the Religious Courts and the High Court of Religion in Indonesia is the first and an appeal that the religious court was not authorized to decide on the case for the cancellation of the grant certificate, but at the appellate level. Next, the judges overturn the first and appeal and decision. Finally, the decision on the Cassation level has given rise to the principle of Legal Certainty, Legal Justice and the Principle of Expediency.

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JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.3.3.2014.203-212 ◽

2014 ◽

Vol 3 (3) ◽

pp. 203

Author(s):

Muhamad Isna Wahyudi

Keyword(s):

Law Enforcement ◽

Islamic Law ◽

Family Law ◽

The State ◽

State Law ◽

Legal Tradition ◽

Muslim Countries ◽

The Law ◽

Religious Courts ◽

Joint Property

Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.

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MENGGALI ‘ILLAT HUKUM PERBEDAAN AGAMA SEBAGAI HALANGAN WARIS

EMPIRISMA ◽

10.30762/empirisma.v25i2.730 ◽

2017 ◽

Vol 25 (2) ◽

Author(s):

Muhammad Isna Wahyudi

Keyword(s):

Law Enforcement ◽

Supreme Court ◽

Legal Reasoning ◽

Legal Reason ◽

The Supreme Court ◽

The Law ◽

Religious Courts

Kompilasi Hukum Islam does not regulate interfaith inheritance distinctly. It only requires the testator and the heirs have the same religion. At court, judges of religious courts employ obligatory bequest (waṣiat wājibah) to divide inheritance to non-Muslim heirs, based on jurisprudence of the Supreme Court Number 368 K/AG/1995. As the result, different faith still become hindrance for Muslim and non-Muslim to inherit each other due to law enforcement without considering the legal reasoning (ratio legis) of the law. In this case, it is important to investigate the legal reason (ratio legis) of the hadith that prohibits the interfaith inheritance as this article tries to do. To do the investigation, the author employs Islamic legal theories (uṣūl fikih) and hermeneutics approach. As the result, the author comes to the conclusion that the ratio legis of the hadith that prohibits the interfaith inheritance is due to hostility and crime element and not due to different faith. Keywords: Interfaith Inheritance, Ratio Legis, Equality

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PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.2.2.2013.189-202 ◽

2013 ◽

Vol 2 (2) ◽

pp. 189

Author(s):

Abdul Manan

Keyword(s):

Analytical Techniques ◽

Judicial Power ◽

Legal Argument ◽

Court Judge ◽

Legal Provisions ◽

The Law ◽

Law And Justice ◽

Article 5 ◽

Religious Courts

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.

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Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

Scientific Artsakh ◽

10.52063/25792652-2021.1-64 ◽

2021 ◽

pp. 64-85

Author(s):

Artur Ghambaryan

Keyword(s):

Law Enforcement ◽

Natural Law ◽

Point Of View ◽

The Other ◽

Scientific Methods ◽

Legislative Policy ◽

The Law ◽

Law And Justice ◽

The One ◽

Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

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

JURISDICTIE ◽

10.18860/j.v5i2.4019 ◽

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>

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The CV as an Initiative for Sustainable Development of Small-Scale Capture Fisheries in Central Java, Indonesia

International Journal of Criminology and Sociology ◽

10.6000/1929-4409.2021.10.30 ◽

2020 ◽

Vol 10 ◽

pp. 249-253

Author(s):

Siti Mahmudah ◽

◽

Etty Susilowati ◽

Yunanto, Amiek Soemarmi ◽

Siti Malikhatun Badriyah ◽

...

Keyword(s):

Secondary Data ◽

Research Problem ◽

Alternative Form ◽

Small Scale ◽

Literature Study ◽

Conceptual Approach ◽

Limited Partnership ◽

Central Java ◽

Classic Problem ◽

The Law

The problem of this study is that small-scale capture fisheries business in Indonesia still faces a classic problem, namely limited sources of capital to develop the business, so a strategy is needed to overcome this problem, including working with other parties as partners in running the business. This study aims to investigate the legality of the capture fisheries business in Indonesia, and the limited partnership (Commanditaire Vennootschap/CV) as an alternative form of capture fisheries business in Indonesia. This study uses a normative juridical research method with a statutory approach and a conceptual approach, the legal data used is secondary data in the form of primary legal materials, namely the Law on Capture Fisheries and the Law on CV, and secondary legal material in the form of literature related to the research problem. The data and legal materials were collected through a literature study and analyzed descriptively and analytically. The results of the study concluded that in carrying out fishery business activities, the entrepreneurs can use CV as an alternative form of small-scale capture fisheries business that allows overcoming the problem of limited capital faced by small-scale capture fisheries entrepreneurs in Indonesia. The study concludes that with the formation of CV, there will be two partners in small-scale capture fisheries business, namely complementary allies as the party who manages what is done by fishermen and limited allies are parties who include capital in small-scale capture fisheries businesses.

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