scholarly journals Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman)

2021 ◽  
Vol 2 (2) ◽  
pp. 301-313
Author(s):  
Mukran H. Usman ◽  
A. Hawariah ◽  
Rosmita Rosmita ◽  
Nurfatimah Muh. Tahir
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Positive Law ◽  
The Guardian

This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.

scholarly journals Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 496-517
Author(s):  
Abdullah Taufik ◽  
Ilham Tohari
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Gender Justice ◽  
Legal Research ◽  
Analysis Techniques ◽  
Positive Law ◽  
The One ◽  
Legal Discovery ◽  
Religious Courts

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.

scholarly journals MEDIATION SYSTEM IN DISPUTES OF OWNERSHIP PERSFECTIVE ACADEMIC ISLĀḤ (A Research in Aceh Besar)

2020 ◽  
Vol 10 (2) ◽  
pp. 208
Author(s):  
Riadhus Sholihin ◽  
Oktavi Maulizar
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Document Analysis ◽  
Third Party ◽  
Peace Agreement ◽  
Positive Law ◽  
Field Notes ◽  
Mediation System ◽  
The Village

This article will explain how the authority of village officials in resolving disputes over ownership of aid houses is mediated? To answer the problem above, the writer uses the descriptive analysis research method, where the data obtained is sourced from observations, interviews, photoshoots, document analysis, and field notes compiled by the writer at the research location which is not set forth in the form of figures. From the results of the study it can be seen that based on Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs where village officials have the authority to reconcile disputes that occur within the community by deliberation / mediation and one of the village apparatuses that mediates the parties who disputes to end their disputes peacefully. The consequence of the mediation decision is the termination of the dispute that occurred and the parties agreed to make peace by making a peace agreement and carrying out the agreement accordingly. The concept of mediation in positive law is no different from the concept of iṣlāḥ in Islamic law which involves a third party to reconcile the disputing parties. The content of the agreement of the mediation that has been carried out by the parties, is allowed in Islamic law because the purpose of iṣlāḥ or mediation is to end the dispute.

scholarly journals TINJAUAN YURIDIS SANKSI ADAT KAILI RAI TERHADAP PELAKU PELECEHAN SEKSUAL

2020 ◽  
Vol 1 (1) ◽  
pp. 37-51
Author(s):  
Moh. Ansar ◽  
Suhri Hanafi ◽  
Sitti Nurkhaerah ◽  
Wahyuni Wahyuni ◽  
Taufan B.
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Islamic Law ◽  
Research Data ◽  
Research Approach ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Analysis Techniques ◽  
Positive Law ◽  
Second Amendment

The problem of how castration sanctions for perpetrators of crimes of sexual violence against children in the perspective of positive law in Indonesia and how Islamic criminal law views castration as a sanction are the focus of the problem in this study. The research method consists of the type of research, data and data sources, data collection techniques and data analysis techniques using a qualitative research approach. Then, as a result of the research, there are differences in Islamic law among scholars regarding the punishment of castration Law Number 17 of 2016 Regarding the stipulation of PERPU Number 1 of 2016 Second Amendment to Law Number 23 Year 2002 Concerning Child Protection Becomes Law against perpetrators of sexual crimes against children, and Islamic law has stipulated penalties for perpetrators of sexual crimes in detail of the facts of their actions, so they cannot (haram) carry out the type of castration punishment in accordance with the argument, namely the hadith of the Prophet Muhammad saw., which prohibits his companions from being castrated.

scholarly journals Adat Pernikahan Melayu Jambi Perspektif ‘Urf dalam Ilmu Ushul Fiqh

2017 ◽  
Vol 1 (2) ◽  
pp. 167-174
Author(s):  
Muhammad Sibawaihi ◽  
Mokhammad Baharun
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Research Approach ◽  
Applicable Law ◽  
Normative Approach ◽  
Moral Sanction ◽  
Preparation Period ◽  
Research Type

Marriage has rules and regulations its implementation. According to Jambi Malay customary law,  there are several stages in marriage custom, especially in subdistrict of Muara Tembesi, first introduction period, second preparation period. thirth  day scales, fourth betel tanyo Pinang tanyo, fifth tand fill custom lumbago, sixth take delivery customs lumbago, seventh marriages marry, eight old gather, memulang lek pado penangga, ninth Berelek Berkenduri, complain Gather tuo. Next custom marriage is absolutely must be followed by  all society  of jambi because of the moral sanction if someone doesn’t follow applicable law. The purpose of  research is to know the custom marriage of Jambi Malay and position of custom law, especially in subdistrict of Tembesi. research method is Islamic law research, research type used is field research. The research approach used is a normative approach, the problems studied under Islamic law, to underestand  the Qur'an, Hadith, and 'Urf in Ushul Fiqh. The research method used is observation, interview, and documentation. Data analysis used is qualitative analysis. Based on the research has done, it can be concluded  the marriage custom of Jambi Malay in Muara Tembesi Subdistrict, the analysis of `Urf is shohih custom.

scholarly journals PENGARUH KOMUNIKASI DALAM ORGANISASI UNTUK KELANCARAN KERJA DI DINAS KETENAGAKERJAAN KABUPATEN BONE

2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Musliamin Musliamin
Keyword(s):  
Organizational Communication ◽  
Research Method ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Techniques ◽  
Communication In Organizations ◽  
Qualitative Descriptive ◽  
The Relationship

AbstractThis study discusses "The Effect of Communication in Organizations for Smooth Work in the Bone Regency Manpower Office". The purpose of this study is to obtain an objective picture of the effect of communication to improve the performance of employees of the Bone District Manpower Office. This research uses the field research method which is the method used by researching the object under study by interview, observation and, documentation. The source of the data in this research is the employees of the Bone Regency Manpower Office. Data collected from the results of the study were analyzed using qualitative descriptive analysis techniques. The results showed that 1). The conditions of the implementation of organizational communication in supporting the smooth implementation of the tasks within the Bone District Manpower Office, 2). The effectiveness of the communication carried out, and what factors underlie its implementation. 3). The relationship between the implementation of communication with the smooth completion of organizational tasks.Keywords: Communication, Organization, Work Smoothness, Employment

scholarly journals Implementation of Islamic Economic Values in Online Transactions

2021 ◽  
Vol 4 (2) ◽  
pp. 2234-2240
Author(s):  
Kamiruddin Kamiruddin ◽  
Hardianti Hardianti ◽  
Ida Farida
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Field Research ◽  
Economic Values ◽  
Online Transactions ◽  
Analysis Techniques ◽  
Analysis Technique ◽  
Using Data ◽  
Islamic Economic ◽  
Islamic Values

This study examines the implementation of Islamic values in online transactions. This study aims to determine the readiness of the Raisa Collection in applying Islamic values, to determine the application of Islamic values in the Raisa Collection in online transactions, to determine the application of Islamic values in the Raisa Collection in online transactions to be used on an ongoing basis, and to determine constraints. - Constraints experienced by Raisa Collection in applying Islamic economic values in online transactions. The research method used is qualitative research using field research using data collection techniques that include observation, interviews, and documentation. The analysis technique used is descriptive analysis techniques. The results showed that: (1) Raisa Collection has tried to apply Islamic values since the beginning of its business, even though it has used bank funds. (2) In conducting its business, Raisa Collection always prioritizes customer satisfaction and continues to serve complaints from consumers. The author's implications for the Raisa Collection owner are; (1) Maintain the principles or values of Islamic economics implemented. (2) Adding sales products.

Tinjauan Hukum Islam terhadap Kewarisan Kelem pada Masyarakat Kecicang Islam

2021 ◽  
Vol 2 (01) ◽  
pp. 56-70
Author(s):  
Ijtihadul Umam
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
Community Leaders ◽  
Law System ◽  
Normative Approach ◽  
Customary Laws ◽  
Hereditary Laws ◽  
Collection Methods

Kelem hereditary is one of the customary laws in the matter of the inheritance rights of grandchildren which is the result of the agreement of former community leaders in Kecicang Islam Village, Bungaya Kangin Village, Bebandem District, Karangasem Regency, Bali Province. Kelem comes from the Balinese language which means drowned. In terms of hereditary, kewarisan kelem means a grandson whose father or mother (the heir) died before the grandfather or grandmother (the inheritor) is said to have drowned (blocked) from inheritance rights because it is hindered by the parents’ brothers who are still alive. This is in contrast to the hereditary law system in Indonesia in the form of Islamic Law Compilation article 185 paragraph 1, which explains that, the heir who dies before the inheritors can be replaced by his child. The research method used was field research. This research was a descriptive analytic with juridical normative approach. Data collection methods used include interviews and documentation. After the data was collected, it was analyzed in a descriptive qualitative way with the 'urf and the theory of substitute heirs. The results showed that kelem hereditary is one of the customary laws as the result of the agreement of former community leaders in Kecicang Islam. This contradicts both Sunni and Shi'ah hereditary law systems as well as the hereditary laws in Indonesia.

scholarly journals Criminalization on Husband Wife Relationship towards Nushuz in the Perspective of Islamic Law and Criminal Code

2016 ◽  
Vol 4 (2) ◽  
pp. 64
Author(s):  
Oom Mukarromah ◽  
Asep Ubaidillah
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Research Method ◽  
Islamic Law ◽  
Physical Violence ◽  
Criminal Code ◽  
Normative Approach ◽  
Positive Law ◽  
The Family ◽  
The Subject

The purpose of this study was to determine the criminalization law of nusyuz behavior both in Islamic law and the Criminal Code, and to know the relevance of Islamic law with the Criminal Code and Law No. 23 of 2004 in criminalization law of nusyuz behavior. The study used juridical normative approach in order to find the principle or the doctrine of positive law relevant to the issues studied, such as the opinions and ideas of jurists on the criminalization of the nusyuz behavior. This study used literature research method, which is a research conducted with data resources obtained from books or other writings relevant to the subject matter. The sources drawn from various works that discuss the problems of the family, the rights and protection of women, domestic violence and some literature on criminal law from the perspective of Islamic law and positive law. From the study, it can be concluded that: First, under the Islamic law, any form of physical violence against the wife is categorized in the form of jarimah (a criminal act) which is regulated in Islamic criminal law (fiqh jinayah). Second, in a substance, criminal law of physical violence against wife in the Domestic Violence Act is part of jarimah, a criminal act besides the soul. According to the Islamic criminal law, criminal act is classified into jarimah takzir.

scholarly journals Perlindungan Hukum kepada Pekerja Outsourcing Tentang Upah (Studi Pada PT. Caterison)

2021 ◽  
Vol 10 (3) ◽  
pp. 631
Author(s):  
Deviera Dika Putri Harlapan ◽  
I Made Sarjana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Legal Concept ◽  
Analysis Techniques ◽  
Legal Relationship ◽  
Library Research

Protection of workers with the existence of the Manpower Act is expected to reduce or even eliminate treatment that is considered unfair which is generally carried out by employers to workers. The existence of a Manpower Act which is the legal umbrella for workers which includes wage protection. Writing this journal aims to find out and elaborate more deeply on the legal relationship between outsourcing workers and companies that use outsourcing services and to seek efforts to resolve cases at PT. Caterison. The method used in writing the journal is an empirical legal research method, in this case the Manpower Act with the facts that occurred at PT. Caterison deals with outsourcing workers who are not entitled to payment of their wages. The types of approaches used are the statutory approach, the case approach, and the legal concept analysis approach. The data used are primary data obtained directly from field research and secondary data sourced from library research. In data collection techniques, using descriptive analysis techniques. PT. Caterison as an outsourcing service user signed an agreement and made an agreement with an outsourcing service provider company with the aim of filling some parts of the work within the company. The case began when outsource worker who carried out his duties at PT. Caterison felt he was not entitled to his wages for three consecutive months. This becomes necessary to be resolved because the issue of wages is a sensitive matter. Perlindungan terhadap pekerja dengan adanya Undang-Undang Ketenagakerjaan diharapkan mampu mengurangi atau bahkan menghilangkan perlakuan yang dinilai tidak adil yang umumnya dilakukan oleh pengusaha kepada pekerja. Adanya Undang-Undang Ketenagakerjaan yang menjadi payung hukum untuk pekerja yang didalamnya termasuk ke dalam perlindungan upah. Penulisan jurnal ini bertujuan untuk mengetahui serta mengelaborasi lebih dalam mengenai hubungan hukum antara pekerja outsorcing dengan perusahaan yang menggunakan jasa outsorcing dan untuk mencari upaya penyelesaian kasus yang terdapat pada PT. Caterison. Metode yang digunakan dalam penulisan jurnal yakni metode penelitian hukum empiris, dalam hal ini Undang-Undang Ketenagakerjaan dengan fakta yang terjadi pada PT. Caterison berkenaan dengan pekerja outsorcing yang tidak mendapatkan hak atas pembayaran upahnya. Jenis pendekatan yang digunakan yakni, pendekatan perundang-undangan, pendekatan kasus, serta pendekatan analisis konsep hukum. Dalam penggunaan sumber data, data yang digunakan yakni data primer yang didapatan langsung dari penelitian lapangan dan data sekunder yang bersumber dari penelitian kepustakaan. Dalam teknik pengumpulan data, menggunakan teknik analisis deskripsi. PT. Caterison sebagai pengguna jasa outsourcing menandatangani perjanjian serta membuat kesepakatan dengan perusahaan penyedia jasa outsourcing dengan tujuan mengisi beberapa bagian pekerjaan dalam perusahaan namun bukan pada pekerjaan inti. Kasus bermula ketika pekerja outsourcing yang menjalankan tugasnya pada PT. Caterison merasa tidak mendapatkan hak atas upah nya selama tiga bulan berturut-turutHal ini menjadi perlu untuk diselesaikan dikarenakan permasalahan upah adalah hal yang sensitif.

scholarly journals Guardian For Children Out of Marriage in Marriage (Analysis of Syafi'īyyah Fiqh and Civil law)

2020 ◽  
Vol 2 (3) ◽  
pp. 782-793
Author(s):  
Faisal ◽  
Nasrullah ◽  
Muhammad Wali al-Khalizi
Keyword(s):  
Research Method ◽  
Science And Technology ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Research Library ◽  
Biological Father ◽  
Normative Approach ◽  
Library Research ◽  
Marriage Contract ◽  
The Guardian

This writing aims to explain the position guardian in marriage according to Fiqh Syafi'īyyah dan Civil Law, as well asto describe guardian for children out of wedlock according to analysis Fiqh Syafi'īyyah and Civil Law.This research includes library research (Library Research). The method used is descriptive analysis research method, the approach used is a normative approach. To assist the preparation of this research the author reads books and books related to the problems to be discussed. The results showed thatposition guardian in marriage according to Fiqh Syafi'īyyah dan Civil law is very important, meaning that at the same time it has the nature of determining the validity of a marriage contract, so that if a marriage contract is carried out by a guardian or his representative, then the marriage contract will be valid, but on the contrary if the marriage contract is not carried out by the guardian or his representative, then The marriage contract is invalid and invalid. So betweenFiqh Syafi'īyyahand Civil Law has the same view regarding position guardian in marriage. The results also show that which become guardian for children out of wedlock according to Fiqh analysis Shafi'īyyah is guardian judge, in this case is the president even though she is a woman, and state officials whose powers are delegated by the president in matters of trustees such as the Minister of Religion and his lowest officials such as the KUA. Whereas according to Civil Law analysis is the biological father of the child provided there is an acknowledgment from the mother and father and is proven by an authentic deed and can be proven based on science and technology.

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