scholarly journals Menakar Nilai Kemanfaatan Penangguhan Walimat Al-‘Ursy Di Masa Darurat COVID-19 Melalui Analisis Sadd Adz-Dzari’ah

2020 ◽  
Vol 10 (1) ◽  
pp. 27-38
Author(s):  
M Nur Kholis Al Amin
Keyword(s):  
Marriage Law ◽  
Literature Research ◽  
Pandemic Virus ◽  
The Law ◽  
The Government ◽  
Large Groups ◽  
Islamic Marriage

In the study of Islamic marriage law, the law of carrying out walimat al-‘ursy is sunnah muakkad. However, in connection with the Covid-19 Pandemic Virus, it was banned temporally by the government, even through a circular number; P-004/DJ.III/ Hk.007/04/2020, issued by the Ministry of Religion. By literature research known that Prohibition and prevention aimed at gathering people in large groups, both in terms of ibadah and muamalat is an attempt to break the chain of the spread of the COVID-19 virus pandemic. Therefore, further studies on prevention, especially prevention of the implementation of the walimat al-‘ursy during the COVID-19 virus pandemic will be examined through the analysis of sad adz-dzari'ah.

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

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).

scholarly journals Nikah Dini Dari Berbagai Tinjauan: Analisis Kombinasi Tematik dan Holistik

2009 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Khoiruddin Nasution
Keyword(s):  
Government Regulation ◽  
Historical Background ◽  
Child Marriage ◽  
Marriage Law ◽  
Negative Effect ◽  
Holistic Analysis ◽  
The Law ◽  
Islamic Marriage

The negative effect of child marriage is one of the historical background of the promulgation of marriage law of Indonesia no. 1 of 1974 and its government regulation. Howwever, the ultimate goal of the promulgation of the law seems never able to achieve. The main reason of the failure is always argument that the Indonesian marriage law is not accordance with Islamic marriage law. The article tries to prove that child marriage is only possible for the prophet Muhammd Saw not for his followers. This possibility only for the prophet therefore is a kind of exceptional regulation. The conclusion is based basically on al-Qur an and sunna of the prophet from a number of perspective and combination of thematic and holistic analysis and approach.

scholarly journals ALASAN DAN TUJUAN LAHIRNYA UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Al-Qadha ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 1-15
Author(s):  
Khiyaroh
Keyword(s):  
Women's Organizations ◽  
Marriage Law ◽  
The Law ◽  
The Government ◽  
The Impact ◽  
Women’S Organizations

This articles illustrate the process of maked the Marriage Law Number 1 of 1974 begins with government initiatives to discuss the scope of legislative. Government initiatives did not just emerge, but long before they were submitted to the legislative, the government received many inputs regarding marital regulations. Submission of revisions to the marriage regulations were mostly submitted by women's organizations. The process of the formation of the Marriage Law for approximately seven months, starting from the government submitting the Draft Law to the legislature until all factions declare approval article by article. From 77 Articles to 66 Articles to become legislation. But there are many contradictions when the law will be passed. Especially from the Islamic group namely PPP factions they stated that the articles in it violated many Islamic rules. while the faction of the work actually considers its articles to be appropriate. Namely with the article that has highlighted the position of the wife in the household. Another of the PDI factions who only highlighted the issue of polygamy and the principle of monogamy. After being approved and approved by the government the impact of polygamy and divorce decreases. While the problem of Siri marriage is even more widespread.

scholarly journals Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 355
Author(s):  
Fauna Alwy
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Legal Case ◽  
The Subject ◽  
The Government ◽  
Islamic Marriage

The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulations

scholarly journals Perkawinan Dalam Perspektif Tasawuf

2021 ◽  
Vol 3 (2) ◽  
pp. 290-307
Author(s):  
Azhar Azhar ◽  
Putri Amelia
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Divorce Rate ◽  
Research Library ◽  
Marriage Law ◽  
Reading Material ◽  
High Divorce Rate ◽  
Library Research ◽  
The Government ◽  
Islamic Marriage

This dissertation discusses Marriage in the perspective of Sufism (Study of analysis of Legislation on Marriage in Indonesia). This is done considering the high divorce rate in Indonesia even though the legislation regarding marriage has been made quite a lot by the government and even the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law have long been enacted. The purpose of this study is to find out why Islamic marriage regulations and legislation in Indonesia have not been able to stem the flow of divorce and family disharmony, and what solutions can be offered in minimizing divorce in Indonesia, as well as how to establish marriage law with the Sufism approach. The process of collecting data is done by means of library research (Library Research). The reading material is described and analyzed using qualitative methods so that the causes of the high divorce rate in Indonesia are found. After the discussion, two main problems were found, namely formal problems and non-formal problems. Formal problems are problems that are related to the rules and regulations of marriage itself. While non-formal problems are problems that arise from the personal members of each family. To overcome problems related to formal problems, the solution offered is the need to review several articles in the Marriage Law Number 1 of 1974 and need to revive the functions of the Marriage Advisory Counseling and Conservation Agency (BP4) as before the Marriage Law Number 1 year 1974. Meanwhile, to overcome problems related to non-formal problems, it is necessary to give Sufism teachings to the bride and groom who are delivered when they attend bride and groom courses organized by the Ministry of Religion throughout Indonesia. In order to establish marriage law with the Sufism approach, the connection between Sufism values and laws in the frame of benefit is needed. For this reason, the values of Sufism such as warak and zuhud and qonaah and so on need to be developed and integrated in connection with marriage law. The interconnection of the values of Sufism with marriage law is needed in numbers to minimize the divorce rate in Indonesia. Keywords: Marriage law, Sufism

scholarly journals KESADARAN HUKUM MASYARAKAT TERHADAP PERKAWINAN DIBAWAH UMUR DITINJAU DARI UNDANG-UNDANG NO. 16 TAHUN 2019 TENTANG PERUBAHAN UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN

2021 ◽  
Vol 4 (1) ◽  
pp. 34-52
Author(s):  
Neng Hilda Febriyanti ◽  
Anton Aulawi
Keyword(s):  
Qualitative Approach ◽  
Economic Factors ◽  
Marriage Law ◽  
Legal Compliance ◽  
School Dropouts ◽  
Village Community ◽  
Is Research ◽  
Low Education ◽  
The Law ◽  
The Government

ABSTRACT This study aims to determine the level of legal awareness of the community in Pamengkang Village, Kramatwatu District, Serang Regency about underage marriage in terms of Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. The approach used in this study is a qualitative approach. Qualitative research is research that describes, describes what is seen, heard, felt, and asked. The data collection techniques that will be carried out by researchers in this study are structured observation, interviews and documentation. The results of this study are that underage marriages in Pamengkang Village, Kramatwatu District, Serang Regency are still occurring due to several factors, namely, traditional factors or local customs, concerns about community gossip when their daughter becomes an old maid (late in marriage) if not married at a young age, weak economic factors, unemployment, low education and school dropouts. This shows that the Pamengkang Village Community is not aware of the law or the level of awareness and legal compliance is still low, especially awareness of the age limit for marriage as regulated in the Marriage Law by not having an underage marriage. Factors that contribute to the lack of awareness and legal compliance of the Pamengkang Village community with the Marriage Law and not having underage marriages are due to factors of education, habit of disobeying the law and lack of socialization and legal counseling of the Marriage Law and the risks of underage marriage by the Government concerned. . Keywords: legal awareness, underage marriage

scholarly journals TINJAUAN SOSIO-POLITIK TERHADAP LARANGAN POLIGAMI (Pembaharuan Hukum Keluarga Tunisia)

2020 ◽  
Vol 1 (2) ◽  
pp. 163-173
Author(s):  
Ahmad Bahauddin
Keyword(s):  
Family Law ◽  
Descriptive Analysis ◽  
Analysis Method ◽  
Social Politics ◽  
Literature Research ◽  
The People ◽  
The Law ◽  
The Government ◽  
Object Of Study ◽  
Tunisian Family

The practice of polygamy which is carried out by some Tunisian society generally torments the wife. This is the basis for the prohibition of polygamy in Tunisia. The purpose of this research is to find out about the prohibition of polygamy in Tunisia which is contained in the Tunisian Family Law. This study uses literature research that focuses on the object of study on existing books and literature. While the method used in this research is descriptive-analysis method, which provides an overview and analyzes the Tunisian family law regarding the prohibition of polygamy. The results of this study indicate that the Tunisian State in implementing the law on the prohibition of polygamy cannot be separated from social politics. The factor is the number of husbands who torment their wives and children. This is one of the reasons that makes the law on the prohibition of polygamy come into effect. Because of the injustice committed by husbands to their wives. But in reality the regulations on the prohibition of polygamy are still not running optimally. This is because there is no common will between the government and the people.   Abstrak Praktek poligami yang dilakukan oleh sebagian masyarakat Tunisia pada umumnya menyengsarakan pihak isteri. Inilah yang menjadi dasar pelarangan Poligami di Tunisia. Tujuan penelitian ini adalah mencari tau terhadap pelarangan poligami di Negara Tunisia yang termuat dalam Hukum Keluarga Tunisia. Penelitian ini menggunakan penelitian kepustakaan yang memfokuskan pada objek kajian pada buku-buku dan literature yang ada. Sedangkan metode yang digunakan dalam penelitian ini adalah metode deskriptif-analisis, yaitu memberikan gambaran dan menganalisis Hukum Keluarga Tunisia terkait tentang pelarangan poligami. Hasil dari penelitian ini menunjukkan bahwa Negara Tunisia dalam penerapan undang-undang tentang larangan poligami tidak lepas dari social politik. Faktornya ialah dengan banyaknya para suami yang menyengsarakan pihak isteri dan anak. Inilah salah satu penyebab yang menjadikan berlakunya perundang-undangan tentang larangan poligami. Karena ketidakadilan yang dilakukan suami terhadap para isterinya. Tetapi pada kenyataannya peraturan larangan poligami tersebut berjalan masih belum maksimal. Ini disebabkan karena tidak adanya kesamaan kehendak antara pemerintah dan masyarakat.   

scholarly journals ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW

2020 ◽  
Vol 9 (2) ◽  
pp. 135-146
Author(s):  
Kurniadi Agusta ◽  
Sirman Dahwal ◽  
Mohammad Darudin
Keyword(s):  
Research Method ◽  
Inductive Method ◽  
Marriage Law ◽  
Legal Standing ◽  
Empirical Law ◽  
The Law ◽  
Religious Courts ◽  
Islamic Marriage ◽  
Legal Consequences

In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah   to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah   or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society. 

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

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