Hukum Ayah Biologis Menikahi Anak Luar Nikah Menurut Madzahib Arba’ah dan KHI

2021 ◽  
Vol 4 (1) ◽  
pp. 37-41
Author(s):  
Hamdan Hamdan ◽  
Suyud Arief ◽  
Ahmad Sobari
Keyword(s):  
Islamic Law ◽  
Biological Father ◽  
Quantitative Descriptive ◽  
Biological Fathers ◽  
Descriptive Method

Examines the views of the fuqaha of four madhhab imams and the Compilation of Islamic Law (KHI) regarding children born out of wedlock. More detail is the problem of biological fathers marrying children born out of wedlock. This study aims to analyze the views of four madhhab imams and the Compilation of Islamic Law (KHI) on the marriage of biological fathers with children out of wedlock. This research is a research that uses quantitative descriptive method. namely describing the views of four imams of different schools of thought. Hanafi and Hanabilah scholars are of the opinion that it is haram. they argue that adultery can lead to haraam such as the prohibition of besanan (mushaharah) so that the marriage of a biological father with his child is unlawful. Meanwhile, according to the Malikiyah scholars, it is halal. and according to the Syafi'iyah scholars it is lawful but makruh. They argue that adultery cannot cause haraam such as the prohibition of besanan (mushaharah) so that the marriage of a biological father with his child is lawful. The Compilation of Islamic Law (KHI) argues that it is halal to marry a child born out of wedlock if it triggers the market 39 and article 100 of the Compilation of Islamic Law (KHI).

scholarly journals RECOGNITION OF ILLEGITIMATE CHILDREN IN VARIOUS LAWS IN INDONESIA

2017 ◽  
Vol 2 (1) ◽  
pp. 85
Author(s):  
Yunanto Yunanto
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Constitutional Court ◽  
Legal Action ◽  
Marriage Law ◽  
Biological Father ◽  
Illegitimate Children ◽  
Biological Fathers ◽  
The Relationship

In any regulations in Indonesia, there are differences in the inherent status and rights between legitimate and illegitimate children. Consequently, it surely affects the relationship between the children and their parents. Illegitimate children only have the civil relationship with their mothers. In order that the illegitimate children have a certain relationship with their biological fathers, it requires a legal action in the form of the recognition of biological father. However, there are legal ambiguities in the regulations that govern the institution of the recognition of children as stated in the Indonesian Civil Code, Law No. 23 of 2006 in conjunction with Law No. 24 of 2013, and the Decisions of the Constitutional Court No. 46/ PUU-VIII/ 2010 as a corrective provision to the Marriage Law (UUP), and the Islamic Law Compilation (KHI). The legal effects are: the discrimination derived from legal injustice and certainty in the implementation of the child recognition.

scholarly journals The Right of a Child Outside the Legal Marriage of a Biological Father: The Analysis of Ḥifẓ Al-Nafs as Law `Illat

2021 ◽  
Vol 5 (1) ◽  
pp. 153
Author(s):  
Ali Abubakar ◽  
Juliana Juliana ◽  
Maisyarah Rahmi Hasan
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Islamic Jurisprudence ◽  
The Right ◽  
Biological Fathers ◽  
Legal Marriage ◽  
Protection Of Life

This article aims to analyze the protection of life (ḥifẓ al-nafs) as the law reason (`illat) of the rights of children outside of legal marriage (ALPS) of biological fathers. Ḥifẓ al-nafs is assumed to be `illat emerging from many neglected ALPS phenomena and resulting in negative stigma and discrimination. This research is a study of Islamic law using the theory of `illat in analyzing the problem of children's rights outside of legal marriage. The research concludes that the presence of the 2010 Constitutional Court decision regarding the civil rights of ALPS with biological fathers reveals new spaces in seeing the nature of ALPS rights. This is different from the fatwa of the Indonesian Ulema Council and classical fiqh (Islamic jurisprudence) arguments, which tend to only link the child to the mother. Based on the Constitutional Court decision, the essence of ALPS rights from biological fathers is limited to civil rights. The responsibility of the biological father to ALPS is in the form of physical and mental support, while denying other rights such as guardianship of marriage; ALPS rights today have been largely abandoned. Thus, the protection/care is necessary. `Illat (the reason of law) in ḥifẓ al-nafs (protection of the life) is real and can be juxtaposed with `illat ḥifẓ al-nasl (protection of heredity). Ḥifẓ al-nasl does not completely fulfill the real requirements of an `illat which can abolish the abandonment of ALPS.

scholarly journals THE BIOLOGICAL FATHERS HAVE CIVIL RIGHTS WITH EVIDENCE AND CONVICTION OF THEIR CHILDREN

2020 ◽  
Vol 18 (2) ◽  
pp. 127
Author(s):  
Anwar Hafidzi ◽  
Nadiyah Khalid ◽  
Rina Septiani
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Dna Testing ◽  
Biological Father ◽  
Comparative Aspect ◽  
Biological Children ◽  
Biological Fathers ◽  
Correct Data

This paper aims to prove that Biological Children can provide Civil Relations with their fathers if they have an apparent legal force. This study differs from other researchers in the comparative aspect of normative Law and Islamic Law. This difference lies in the Constitutional Court decision results, which states that children produced outside of marriage have a civil relationship with the mother and family of their mother, father, and family of their biological father, which can be proven by DNA testing between them. Meanwhile, according to Islamic Law, children outside of marriage (Zina) only have a civil relationship or blood relationship with the mother and the mother's family. The method used in this research is a literature review with a normative approach to the Constitutional Court decision and the Scholar's opinion on children outside of marriage (Siri). This research found that children can biologically provide civil relations with their parents if done in marriage and proven by clear legalities such as witnesses and marriage documents. The presence of a decision of the Constitutional Court is a legal assurance or defense of the human rights of a citizen, whether they have the correct data and facts to their civil relations.

Analisis Kinerja Keuangan Bank Aceh Setelah Konversi Periode 2016-2018 Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor 8/POJK.03/2014

2019 ◽  
Vol 4 (1) ◽  
pp. 43
Author(s):  
Hanifa Assofia
Keyword(s):  
Corporate Governance ◽  
Financial Performance ◽  
Islamic Law ◽  
Financial Statements ◽  
Risk Profile ◽  
Bank Capital ◽  
Collection Method ◽  
Descriptive Research ◽  
Good Corporate Governance ◽  
Quantitative Descriptive

<p>This research aims to find out how Bank Aceh's financial performance after conversion in terms of earnings and capital. The type of research used is quantitative descriptive research. The data collection method used is the documentation method based on the data in the form of quarterly financial statements for the 2016-2018 period published. The method of data analysis in this study is by using the RGEC method (Risk Profile, Good Corporate Governance, Earning and Capital). The results of the study show that Bank Aceh's financial performance in terms of profitability ranks 2, with the definition that profitability is adequate, profit exceeds the target and supports the growth of bank capital. Bank Aceh's decision to convert to sharia as a whole was a very appropriate decision because it was able to show good performance, besides that it also supported the Aceh Government in carrying out its programs to enforce Islamic law. Bank Aceh's financial performance in terms of capital also ranks 2, with the definition that banks have adequate capital quality and adequacy relative to their risk profile, which is accompanied by strong capital management in accordance with the characteristics, scale of business and the complexity of the bank's business.</p>

PERANCANGAN SISTEM INFORMASI INFENTARIS SPAREPART HANDPHONE BERBASIS PHP DAN MYSQL DI PLANET PHONE

2019 ◽  
Vol 3 (1) ◽  
pp. 49-61
Author(s):  
Fitriani Dwi Ratna Sari ◽  
Amin Suryana
Keyword(s):  
Information System ◽  
Data Collection ◽  
Data Processing ◽  
Inventory Data ◽  
Literature Study ◽  
Know How ◽  
Internet Connection ◽  
To Come ◽  
Quantitative Descriptive ◽  
Descriptive Method

Research that the author did aim to know how to design inventory system on Planet Phone.The method used is quantitative descriptive method. Data collection techniques used are literature study, observation, and interviews. From the research conducted found that there is a problem on inventory data processing. The process of inventory data processing only by writing using a general ledger. So this causes inaccuracies and delays in reports. Therefore the authors make the information system by using PHP and MySQL database. This system consists of inputting inventory data, inventory reports, sales reports and income reports. As for some suggestions given to tackle the problem is by connecting the system with internet connection, for employees more quickly and effectively in penginputan inventory data and owner can also know the sales reports and income reports more quickly without having to come directly to the store.

scholarly journals ANALISIS EFEKTIVITAS PENAGIHAN RETRIBUSI PERSAMPAHAN DAN KONTRIBUSINYA TERHADAP PENDAPATAN ASLI DAERAH KOTA TOMOHON

2018 ◽  
Vol 14 (1) ◽  
Author(s):  
Juanda Elia Rembet ◽  
Jantje J. Tinangon ◽  
Treesje Runtu
Keyword(s):  
Solid Waste ◽  
Analysis Data ◽  
City Government ◽  
Regional Autonomy ◽  
Local Taxes ◽  
The Past ◽  
Drastic Increase ◽  
Quantitative Descriptive ◽  
Descriptive Method ◽  
Environmental Agency

Regional Original Revenue (PAD) is regional revenue derived from local taxes, regional retribution, and management of separated regional assets, as well as other legitimate regional income. Regional levies are one of the sources of financing regional development in supporting the implementation of regional autonomy. One type of regional retribution collected by the Tomohon City Government is waste retribution. This study aims to analyze the effectiveness of waste collection fees in Tomohon City, and the contribution of solid waste retribution to PAD. In this study using quantitative descriptive method. The analysis data used in this study is the analysis of contribution and effectiveness. The results of the receipt effectiveness of solid waste levies in 2015-2016 was not effective and decreased, then in 2017 although it was still ineffective but experienced a very drastic increase. The contribution of solid waste retribution to regional retribution is still relatively small in 2015 and 2016 but in 2017 its contribution is very significant to regional retribution. While the contribution of solid waste retribution to the PAD of Tomohon City in 2015-2017 is very small for the past 3 years. Leaders of Regional Revenue Service and the Environmental Agency should continue to optimize the receipt of solid waste fees with intensification & extensification, so that there will always be changes on the system of receiving regional retribution towards a better direction.Keywords: effectivity, contribution, local government income

scholarly journals DIGITAL LITERACY OF SOCIAL MEDIA USERS IN MEDAN CITY IN FACING HOAX

2021 ◽  
Vol 4 (15) ◽  
pp. 97-113
Author(s):  
Yovita Sabarina Sitepu ◽  
Hendra Harahap ◽  
Februati Trimurni
Keyword(s):  
Social Media ◽  
Digital Literacy ◽  
The Other ◽  
Fake News ◽  
Global Democracy ◽  
Other Hand ◽  
Quantitative Descriptive ◽  
Descriptive Method

Hoax and digitalization have become a threat to global democracy. During this pandemic, WhatsApp in collaboration with the Ministry of Communication and Informatics (Kominfo) has been successfully taken down 1, 759 hoaxes spreading on social media. Thus hoax content is circulating from January 23 to October 18, 2020. This study examines the literacy capability of social media users in Medan City in facing misinformation (Hoax). The purpose of this study is to describe the knowledge of social media users in Medan City regarding hoaxes; describing the process of spreading hoaxes among social media users in Medan City, as well as to identify the types of hoaxes mostly received and spread by social media users. The quantitative descriptive method is used in this study The samples of this study amount to 250 respondents selected in the accidental method. The results obtained from the aforementioned respondents show that respondents agreed that hoax is ‘a deliberate fake news. They stated that they had not been forwarding ‘splashy news’ that they received and do fact-check. On the other hand, when asked about why the ‘splashy news’ was forwarded, the respondents reasoned that they received the news from someone they trusted. In addition, the respondents each stated that they thought the news was useful as they believed the news to be true. The types of hoaxes most frequently received include lucky draws, socio-politics, governance, and health.

scholarly journals EVALUASI PENYEDIAAN SARANA DAN PRASARANA DI PERUMAHAN PURI DINAR MAS SEMARANG

2016 ◽  
Vol 4 (1) ◽  
pp. 58
Author(s):  
Tiasa Adimagistra ◽  
Bitta Pigawati
Keyword(s):  
Quantitative Method ◽  
Environmental Planning ◽  
Good Condition ◽  
Urban Housing ◽  
User Perception ◽  
Community Needs ◽  
The Government ◽  
Quantitative Descriptive ◽  
The City ◽  
Descriptive Method

Community needs for settlement area, especially in the city of Semarang increase rapidly, so the government in 2005 make a program called 100,000 RSS (Simple Healthy House) to meet those needs. RSS is a settlement with facilities and infrastructure that are inadequate. The construction of facilities and infrastructure of the settlement should refer to the SNI 03-1733-2004 on Procedures for Environmental Planning in Urban Housing. The research objective is to evaluate the facilities and infrastructure based on ISO and user perception in Puri Dinar Mas Semarang. The method which used to analyze are the quantitative descriptive and comparative methods. The descriptive quantitative method is used to identify the availability and existing condition with the user's perception of the infrastructure Puri Dinar Mas, while the comparative descriptive method is used to compare the existing condition with SNI and comparing the user's perception of the condition of housing infrastructure based on the observation. There is a 61% infrastructure is available based on SNI and 70% in good condition. Based on the results of the comparison with SNI only 32% meet the standard. The results of the perception of users 80% are stated that the condition of facilities and infrastructure that exist in this housing is good, meanwhile the comparison of existing condition with the perception of users found that 84% is good, 8% is bad, and the remaining 8% is moderate.

scholarly journals Gambaran Kompetensi Pendidik dalam Pengelolaan Pembelajaran Ekonomi di Era Pandemi Covid-19

2021 ◽  
Vol 11 (1) ◽  
pp. 53
Author(s):  
Anindita Trinura Novitasari ◽  
Ruski Ruski ◽  
Ika Lis Mariatun
Keyword(s):  
Education Program ◽  
Economics Education ◽  
Learning Patterns ◽  
Pedagogical Techniques ◽  
Virtual Class ◽  
Virtual Classes ◽  
Quantitative Descriptive ◽  
Descriptive Method

This research is conducted to understand the pedagogical techniques used in the learning of economics in STKIP PGRI Bangkalan. It applies quantitative descriptive method to recognize the percentage of respondents’ responses to each learning pedagogical variable indicator. This research found that during pandemic the learning pedagogy implemented by each lecturer of economics education program is categorized as very good. This is indicated by the percentage each indicator gained. The learning patterns of virtual classes have been in compliance with pedagogical techniques where students are given freedom to seek and get insights through guidance, direction and assistance the lecturers have provided. They function as motivator, facilitator and advisor in order to make students’ more confident to take decisions in understanding the materials given during the interactive virtual class. These pedagogical techniques have given students chances to understand cognitive, affective and psychomotor aspects simultaneously so that the learning becomes more effective.

scholarly journals OPINI MAHASISWA MENGENAI ISU PEMINDAHAN LOKASI PELAKSANAAN HUKUM CAMBUK KE PENJARA (Studi Kasus Pada Mahasiswa Prodi Hukum FISIP UTU)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Rena Juliana
Keyword(s):  
Human Rights ◽  
Spiral Of Silence ◽  
The Public ◽  
Underlying Theory ◽  
Political Sciences ◽  
The Government ◽  
Quantitative Descriptive ◽  
Descriptive Method

This research aims to analyze how students of Law Major of Social and Political Sciences Faculty ofTeuku Umar University responded to the issue of transferring the location of the execution of the caningto prison. Spiral of silence theory is the underlying theory of this research. The method used in thisresearch is quantitative descriptive method by distributing questionnaires to 20 students. From the resultsof the research found that the students did not agree with the government plan to move the location of theexecution of the caning to prison. It is considered that such a punishment will not make the defendantsdeterrent because the effect of shame does not exist. The defendant will not be punished by the public fornot being shown publicly. The students also considered that the prohibition to take pictures andrecordings when the process of application of caning law should not be prohibited. In addition thestudents considered that the implementation of caning law in the mosque will not cause a sense of thephobia of investors to instill their shares in Aceh and the implementation of caning law in the mosquedoes not violate human rights. The students alleged the transfer of location of the canning law full ofpolitical interests so it is feared that the ruling parties in violation of the Shariah will not receive thecaning punishment because of their power.Keyword: Opinion, students of Law Major, Caning1. PENDAHULUAN

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