scholarly journals PERKAWINAN MARGA HUKUL DI DESA LARIKE

DIALEKTIKA ◽  
2019 ◽  
Vol 12 (2) ◽  
pp. 196
Author(s):  
Yusup Laisouw
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Customary Law ◽  
Religious Law ◽  
Special Occasion ◽  
Ancient Times ◽  
Husband And Wife

ABSTRACT According to Islamic law marriage is a sacred (sacred) agreement based on religion between husband and wife based on religious law to achieve one intention, one goal, one effort, one right, one obligation, one feeling: living as semati. Marriage According to Customary Law is one of the most important events in the lives of indigenous people. In the tradition of the Marga Hukul, only girls with the surname Hukul carry out marriages using traditional clothes that have been set during the time of the special occasion. In this bidding also, the women carried out custom in the form of prior notice to the elders of the country (their ancestors on the mountain) asking for their willingness to attend the event, this was also called the custom of mountaineering. After the women stated the mountain customs, the men began to prepare themselves and will be delivered as soon as possible to the women to carry out the custom of the mountain. For the villagers of Larika, the traditional ceremony of the Hukul clan is very sacred and has its own meaning. The level of sacredness is in the customary provisions that have been valid since ancient times until now. ABSTRAK Menurut hukum Islam perkawinan adalah perjanjian suci (sakral) berdasarkan agama antara suami dengan istri berdasarkan hukum agama untuk mencapai satu niat, satu tujuan, satu usaha, satu hak, satu kewajiban, satu perasaan: sehidup semati. Perkawinan Menurut Hukum Adat adalah salah satu peristiwa yang sangat penting dalam kehidupan masyarakat adat. Dalam tradisi Marga Hukul, hanyalah anak perempuan yang bermarga Hukul yang melakukan perkawinan dengan menggunakan baju adat yang telah ditetapkan pada masa peminangan. Dalam peminangan ini juga, pihak perempuan melakukan adat yang berupa pemberitahuan terdahulu kepada orang tua-tua negeri (nenek moyang yang ada di gunung) meminta kesediaan mereka untuk hadir dalam acara peminangan itu, ini disebut juga dengan melakukan adat gunung. Setelah pihak perempuan menyatakan adat-adat gunung tersebut, pihak laki-laki mulai mempersiapkan diri dan akan diantarkan secepatnya kepada pihak perempuan untuk melaksanakan adat gunung tersebut. Bagi masyarakat desa Larika upacara adat perkawinan marga Hukul sangat sakral dan memiliki makna tersendiri. Tingkat kesakralan itu berada pada ketentuan adat yang berlaku sejak jaman dahulu hingga sekarang. Kata kunci : perkawinan, adat, hukum adat

scholarly journals SEJARAH PERKEMBANGAN HUKUM WARIS DI INDONESIA

Nuansa ◽  
2018 ◽  
Vol 11 (2) ◽  
Author(s):  
Iim Fahimah
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Colonial Period ◽  
Customary Law ◽  
Legal Authority ◽  
European Law ◽  
Inheritance Law ◽  
East Indies ◽  
Religious Law ◽  
Dutch East Indies

In this discussion the development of inheritance law was stated, from the time before  colonialism until  the time of independence. In the development of inheritance law before  the colonial period, the empire and  the sultanate applied inheritance law as a living law in the  community as well as a culture of Indonesian law in its time.  When  the Dutch East Indies government arrived, Indonesia had  implemented Islamic religious law, which  then continued and recognized its legal authority, Van den Berg conceptualized Staatsblat 1882 Number 152 which contained provisions for indigenous people or colonized people, religious laws must be applied in his environment. Snouck Hoergronje, advisor to the  Dutch East Indies Government, initiated the  receptie theory of Islamic issues  and  domestic children who pro- posed “Islam  can apply if it has been perceived by customary law”, so adat  is what determines the existence or absence of Islamic law. Furthermore, at the  time  of independence Indonesian Islamic law experts tried  to make  Islamic law a national law, with the effort of national seminars in the formation of law, Islamic law was made as one of the sources in addition to European law and Customary law

scholarly journals KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk
Keyword(s):  
Islamic Law ◽  
Indigenous Communities ◽  
Well Being ◽  
Customary Law ◽  
Marriage Law ◽  
Long Time ◽  
Definition Of ◽  
Husband And Wife

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  

scholarly journals The Contact Point of Customary Law and Islamic Law (Legal History Perspective)

2018 ◽  
Vol 5 (2) ◽  
pp. 51-59
Author(s):  
Rachmi Sulistyarini ◽  
A. Rachmad Budiono ◽  
Bambang Winarno ◽  
Imam Koeswahyono
Keyword(s):  
Islamic Law ◽  
Contact Point ◽  
Seventh Century ◽  
Customary Law ◽  
Inheritance Law ◽  
Legal Traditions ◽  
The People ◽  
Special Character ◽  
Religious Law ◽  
The Relationship

The period before various legal traditions encounter to Indonesia, the people living in these islands has owned rules that contain the value of values as the original law. The term of original law is also known as the name of "chthonic" law, and is used as the customary law of the community of Indonesia, or the archipelago known at that time. The customary law tradition is very different from other legal traditions; this system has a special character that is very different from the character of other legal traditions. Furthermore, around the seventh century of AD, the influence of religion encounter as well; the first is Hinduism, then the religion of Islam brought by traders from Arabia and India. The term known as custom, with its unwritten form and religious element as the definition proposed by Soepomo (1996), is indeed identical with the term given by experts in the colonial period such as: “Godsdientige Wetten, Volks instelingen En Gebruiken" (Regulation of Religious Ordinance, People's Institution and Customs), "Godsdientige Wetten, Instelingen En Gebruiken (Religious Regulations, Institutions, and Customs), Met Hunne Godsdiensten en Gewoonten Samenhangen de Rechts Regelen" (Rules of law relating to Religion and religion customs habits), in addition there are also called the Islamic Law or Mohameden Law. It shows that at that time Customary Law is equalized as religious law. The point of contact  between the two can also be identified from the theories that develop at that time as in the theory of Receptio in Complexu (Salmon Keyzer and van Den Berg); Receptie Theory (Scouck Hurgronye); Theory of Receptio a Contrario (Ha zairin). The relationship between customary law and Islamic law is widely found in the field of family law that is the issue of marriage law and inheritance law. After Independence, legislation products related to Islamic law include Law no 1 of 1974, Law no 50 of 2009, Law no 21 of 2008 regarding Islamic Banking.Int. J. Soc. Sc. Manage. Vol. 5, Issue-2: 51-59

THE APPLICATION OF ISLAMIC LAW AT THE COLONIAL AGE AND IT'S IMPLICATION FOR THE INDONESIAN RELIGIOUS JUSTICE SYSTEM

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Muhamad Mas’ud
Keyword(s):  
Indigenous People ◽  
Islamic Law ◽  
Family Law ◽  
Customary Law ◽  
Legal Norms ◽  
East Indies ◽  
Historical Figure ◽  
Dutch East Indies ◽  
Islamic Family Law ◽  
Religious Courts

The enactment of Islamic law during colonialism was marked by the thought of Sayyid Usman, a historical figure who had a great interest in the study of Islamic law in Indonesia during the Dutch East Indies colonization. As a scholar, he has special attention to the continuity of Islamic law in Indonesia, especially regarding Islamic family law, which at that time had been widely practiced by people to replace customary law. In addition, he also contributed a lot of thoughts in the context of enforcing Islamic law by organizing religious justice institutions and compiling Islamic family law. Formally the institutions of religious justice, especially in Java and Madura, were only formed by the Dutch East Indies government in 1882, through the Staatsblad 1882 No. 152. This formation is at once a measure of the reorganization of religious justice institutions, namely by establishing new religious courts in addition to each landraad (the same court) with the same legal area, on average as large as the district. It's just that if before the religious court was independent, then with this reorganization the power to carry out the verdict was handed over to landraad. K.F. Holle, L.W.C. Van den Berg, and Snouck Hurgronje, these three Dutch people were very influential in the birth of the theory of the enactment of Islamic law in Indonesia, L.W.C. Van den Berg is one of the initiators of the theory of receptio in complexu, which states that "for Muslims full Islamic law applies because he has embraced Islam even though there are still deviations in its implementation. Next to L.W.C. Van den Berg carries the theory of receptio in complexu, and Snouck Hurgronje as the originator of receptie theory, which states that for indigenous people basically customary law applies, and Islamic law applies to indigenous people if Islamic legal norms have been accepted by society as customary law.

scholarly journals AKIBAT HUKUM PEMBATALAN PERKAWINAN KARENA WALI NIKAH YANG TIDAK BERHAK TERHADAP KEDUDUKAN ANAK DAN HARTA BERSAMA MENURUT HUKUM ISLAM

2018 ◽  
Vol 1 (2) ◽  
pp. 26
Author(s):  
Yulianti Maulidya ◽  
Imelda Martinelli
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Husband And Wife ◽  
Name Of God

Marriage is a physical and spiritual bond between man and woman who become husband and wife creating the happy and eternal family in the name of God Almighty. To conduct a marriage, the prospective groom and bride must meet marriage terms and conditions, or else the marriage itself may be cancelled. The cancellation of marriage is one way of breaking the  bond which requirements and principles are flawed. In the provisions of article 71 letter (e), the Islamic law compilation decrales that the marriage held without an authorized guardian will result on abolishment or be considered never exist. Neverthless, the cancelled marriage does not abolish the parental obligation of the children. The child remains legitimate and they are under their parents responsibility. Meanwhile, in the case of shared assets, in Islamic law, husband and wife can choose to use the method of Ash Sulh (negotiation),‘Urf (customary law), and the last option is Qadha (justice).

scholarly journals The Dialectics of Customary Law and Islamic Law: An Experience from Dou Donggo Customs of Bima, Indonesia

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Muhammad Mutawali
Keyword(s):  
Qualitative Research ◽  
Indigenous People ◽  
Political System ◽  
Islamic Law ◽  
17Th Century ◽  
Customary Law ◽  
Traditional Practices ◽  
System Changes

This article aimed to critically study the shift of Donggo Customs and traditions due to its dialectics with Islamic law. The Donggo customary law was based on the traditional practices and local wisdom of their ancestors, who were believed to have noble values and truth. Since the 17th Century, the dialectics signified by the Bima kingdom’s political system changes from the old customs into Islamic law. This has influenced all aspects of the Bima people’s live, including the Donggo community. The is qualitative research, with data from interviews and a document study. The present study reveals that the Donggo Community’s customary law, preserved and practiced today, results from dialectics between customary law and Islamic law. The practiced traditions include baja sentence, the flogging law, the Mbolo weki culture, Maja Labo dahu and Raju ritual. In Islamic law, such traditions are called `urf or al-`adah, which are living traditions in a society used as legal sources and recognized by Islamic legal scholars. Adat or customary law implemented by the Donggo indigenous people is considered substantially similar to Islamic teachings. So, Donggo customs, corresponding with the Islamic law (`urf shahih), are maintained, while the contradicting ones (`urf fasid)  are abandoned. Abstrak:Artikel ini bertujuan untuk mengkaji secara kritis pergeseran adat dan tradisi Donggo sebagai proses dialektika dengan hukum Islam. Hukum adat Donggo didasarkan pada praktik tradisional dan kearifan lokal nenek moyang mereka, yang diyakini memiliki nilai-nilai luhur dan kebenaran. Sejak abad ke-17, dialektika yang ditandai dengan sistem politik kerajaan Bima berubah dari adat lama menjadi hukum Islam. Hal ini telah mempengaruhi seluruh aspek kehidupan masyarakat Bima, termasuk masyarakat Donggo. Jenis penelitian ini adalah kualitatif, dengan data dari wawancara dan studi dokumen. Kajian ini mengungkapkan bahwa hukum adat Masyarakat Donggo yang dilestarikan dan dipraktikkan hingga saat ini, merupakan hasil dari dialektika antara hukum adat dan hukum Islam. Tradisi yang dipraktikkan antara lain hukuman baja, hukum cambuk, budaya weki Mbolo, ritual Maja Labo dahu dan Raju. Dalam hukum Islam, tradisi semacam itu disebut `urf atau al-`adah, yaitu tradisi yang hidup dalam masyarakat yang dijadikan sumber hukum dan diakui oleh para sarjana hukum Islam. Adat atau hukum adat yang dilaksanakan oleh masyarakat adat Donggo secara substansi dianggap mirip dengan ajaran Islam. Jadi, adat Donggo yang sesuai dengan syariat Islam (`urf shahih) tetap dipertahankan, sedangkan yang bertentangan (`urf fasid) ditinggalkan.

scholarly journals MEMBACA PERKAWINAN MASYARAKAT ISLAM SASAK DARI PERSPEKTIF INTERLEGALITAS HUKUM

2018 ◽  
Vol 10 (2) ◽  
pp. 115
Author(s):  
Murdan Murdan
Keyword(s):  
Local Community ◽  
Islamic Law ◽  
The State ◽  
Legal Order ◽  
Customary Law ◽  
State Law ◽  
Legal Tradition ◽  
Social Contracts ◽  
Religious Law ◽  
Tribal Societies

This paper will discuss the side of the interlegality and interlaw among customary law, religious law and state law in tribal societies in Indonesia, which is focused on the marriage of Sasak people. As an Indonesian local community, the Sasak community has their own local laws in undergoing interactions and social contracts between each other, especially in matters of marriage. Along with the embrace of Islam by the Sasak community, the Islamic law also contributes in decorate every process of the marriage. In addition to the existence of customary law and Islamic law that adorn the marriage of the Sasak community, there is also a modern legal tradition, namely state law. As part of the Indonesian society, the Sasak people cannot escape the great influx of modern legal tradition or national law positivism, which is directly echoed by the state. Departing from this illustration, the discussion in this paper includes: the interlegality between Sasak customary law and religious law (Islamic law); the interlegality between Sasak customary law and state law; and the last is the interlegality among Sasak customary law (local legal order), religious law (Islamic law/Islamic legal order), and state law (state legal order).Tulisan ini akan membahas sisiinterlegalistikantara hukum adat, hukum agama dan hukum negara pada masyarakat kesukuan di Indonesia, yang difokuskan pada perkawinan masyarakat suku Sasak. Sebagai masyarakat lokal Indonesia, masyarakat Sasak memiliki hukum lokal sendiri dalam menjalani intraksi dan kontrak sosial antara satu sama lain, khususnya dalam persoalan perkawinan. Seiring dengan dipeluknya agama Islam oleh masyarakat Sasak, maka hukum Islam pun memberi andil dalam menghiasi setiap proses-proses perkawinan itu. Selain keberadaan hukum adat dan hukum Islam yang menghiasi perkawinan masyarakat Sasak, terdapat juga tradisi hukum modern, yakni hukum negara. Sebagai bagian dari masyarakat Indonesia, masyarakat Sasak tidak bisa melepaskan diri dari arus besar legisme atau positifisme hukum nasional, yang secara langsung digaungkan oleh negara. Berangkat dari ilustasi ini, maka pembahasan dalam tulisan ini meliputi: interlegalistik antara hukum perkawinan adat Sasak dan hukum agama (Hukum Islam); interlegalistik antara hukum perkawinan adat Sasak dan hukum negara; dan terakhir adalah interlegalistik antara hukum perkawinan adat Sasak, hukum agama (hukum Islam), dan hukum negara.

CHANGES IN THE SEMANTICS OF LEGAL LEXIS IN THE INDO-EUROPEAN LANGUAGES (based on the materials, retrieved from the thesis paper “Formation of the legal terminological semantics in the Indo-European languages”)

2019 ◽  
Vol 2019 (29) ◽  
pp. 272-291
Author(s):  
Anastasiia Fedorova
Keyword(s):  
Evolutionary Model ◽  
Customary Law ◽  
Legal Consciousness ◽  
Court Judge ◽  
European Languages ◽  
Religious Law ◽  
History Of ◽  
Ancient Times ◽  
Using Data ◽  
Scientific Survey

The history of legal lexis dates back to the ancient times of ancient peoples. The study of legal language enables the reconstruction of Indo-European ritual-legal ancients at verbal, linguistic levels. Archaic societies had no legal culture, instead, the norms of customary law of ancient societies were referred to as “pre-law”, which included syncretism of law, religion, myth, poetry, and morality. The syncretic ritual and legal consciousness of the ancient peoples in the pre-state period and in the early state formations has its specific reflection in a language that receives such a definition as “the language of law”. The system of “language of law” of Indo-European peoples is partly outlined in today’s scientific survey by describing changes in the semantics of legal lexis in the Indo-European languages, based on the analysis of the distinguished evolutionary models of semantics (EMS) in the Germanic, Slavonic and Iranian languages. The evolutionary model of semantics is a method of inquiry and a procedural scheme for explaining the history of legal meaning. 79 EMS were distinguished during the research, showing the genesis of the meaning 'power', 'lord', 'to rule', 'law', '(religious) law', 'pledge', '(blood) feud', 'court', 'judge'. Using data of the distinguished EMS, that clearly shows the change in the semantic volume of a word, a specific type of change in the meaning of legal lexis in the lexical and semantic system of the Indo-European languages was identified for each EMS, namely, expanding, narrowing (specializing), amelioration or pejoration of the meaning of the word. The study found that quantitatively the semantic derivation of the Indo-European legal terminology most experienced the type of narrowing of the meaning of the word, which, according to the researchers, belongs to the semantic universals. Metaphorical and metonymic changes in the meaning in the legal lexis of the Indo-European languages were also highlighted, that will need further study.

scholarly journals Hukum dan Keadilan Sosial dalam Perspektif Hukum Ketatanegaraan

2016 ◽  
Vol 12 (4) ◽  
pp. 849
Author(s):  
Ahmad Fadlil Sumadi
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
State Institution ◽  
The State ◽  
Human Interaction ◽  
Customary Law ◽  
State Legislation ◽  
Major Function ◽  
Religious Law ◽  
The Law

Law in this discussion is the law that is deliberately formed (by designed) by  the state, not the law that occurs naturally in the society, which constitute the crystallization of human interaction within the society as the subject of law.  Law is known as the common law or customary law and the second is the religious law, in particular, Islam with its Islamic law. The process of formation of common law or customary law is from the bottom upward (bottom-up process) while the establishment of islamic law is from top to bottom (top-down). The same as the nature of the process of formation of Islamic law is the in question in this discussion, which is the law called state legislation, or which is also usually known as laws and regulations. The only difference is, Islamic law is made by God, Allah SWT,  while the maker of statutory laws is a state institution of which the major function is to make laws (legislative power). Legislation is interrelated to with humanity and justice, both in the establishment, implementation, and enforcement. This can be proven by tracing since the establishment of the state, particularly Indonesia, because the law is one of the implementation of state functions. State is established on the basis of motivation associated with humanity and justice, so that the objectives and the foundations are also related to humanity and justice. The State and the law is  an instrument of humanity and justice, therefore, state and law must be related to humanity and justice, and thus, also would not be enough in the instrumental perspective, the state and the law itself without humanity and justice in serving the society.

scholarly journals Legislasi Hukum Islam dalam Sistem Hukum Nasional

2020 ◽  
Vol 4 (2) ◽  
pp. 116-126
Author(s):  
Ainun Najib
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
The Political ◽  
Legal Development ◽  
Positive Law ◽  
Religious Law ◽  
National Legal System ◽  
Western Law ◽  
Islamic Values

Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. Transforming Islamic law into national law requires negotiation and dialectics through a friendly approach and does not trigger national disintegration. So that the process of transformation into the resulting national law can be divided into two forms, first, Islamic law is adapted into positive law in the form of organic law. Second, accommodation in the form of absorption of Islamic values into national law, by not using Islamic / Islamic labels. The transformation of Islamic law into national law is a manifestation of responsive and accommodative legal development.

Sign in / Sign up

Export Citation Format

Share Document