SISTEM HUKUM DI ACEH DAN KAITANNYA DENGAN PLURALISME HUKUM

2019 ◽  
Vol 2 (3) ◽  
pp. 323
Author(s):  
Ridha Maulana
Keyword(s):  
Islamic Law ◽  
State Law ◽  
Religious Law ◽  
Adat Law

Aceh merupakan salah satu provinsi di Indonesia yang memilki beberapa sistem hukum. Provinsi Aceh dipandang sebagai provinsi yang memiliki status otonomi khusus bercorak multikultural, karena kemajemukan sistem hukum dalam masyarakatnya. Kemajemukan (Pluralisme) sistem hukum di Aceh disebabkan karena adanya keberagaman suku dan penerapan nilai-nilai Agama Islam dalam setiap sendi kehidupan masyarakat Aceh, terutama di bidang penegakan hukum. Keberagaman (Pluralisme) sistem hukum yang hidup dan berlaku di Aceh mendapat kekuatan hukum dan pengakuan dari pemerintah Indonesia dengan disahkannya Undang-Undang Nomor 11 Tahun 2006 Tentang Pemerintahan Aceh, Sehingga selain berlakunya sistem hukum negara (state law), secara de facto di Aceh juga berlaku sistem hukum adat (adat law), dan sistem hukum agama/hukum Islam (religious law/ Islamic law).

scholarly journals SHARIAH AND THE POLITICS OF PLURALISM IN INDONESIA: UNDERSTANDING STATE’S RATIONAL APPROACH TO ADAT AND ISLAMIC LAW

2019 ◽  
Vol 4 (1) ◽  
pp. 14-30
Author(s):  
Ratno Lukito
Keyword(s):  
Islamic Law ◽  
Effective Means ◽  
The State ◽  
Rational Approach ◽  
State Law ◽  
Legal Tradition ◽  
Basic Character ◽  
Legal Traditions ◽  
Religious Law ◽  
Adat Law

The distinction in the normative character of legal traditions will give an effect of the state different attitude to those traditions. In the case of Islamic law and adat law in Indonesia, we see that although having different basic character in terms of its foundation of legal creation, Islamic law can relatively be closer to the character of the state law, which is uniform and nationally effective. It is clear here that the nationalization of Islamic law built on the basis of its adherents, and not on the tribe, clan, language, or other local denominations, becomes an effective tool for its rapprochement with the state law, which is also nationalized on the basis of citizenship. Thus, although it is not possible to equalize Islamic law and state law due to the sacredness of the religious law, the scope in the efficacy of both laws can be an effective means of legal rapprochement. This is however not the case with adat law. The character of adat law as a local and heterogeneous legal tradition is intrinsically not in line with the philosophy of national law, which is anti-localism and homogeneous. It is just impossible to bring adat law to become an effective law for all Indonesian citizens. As a result, the rapprochement is difficult between adat law and state law.

scholarly journals GUGAT CERAI: MEMBEBASKAN PREMPUAN DARI PENDERITAAN

QAWWAM ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 101-122
Author(s):  
Nurmala Fahriyanti
Keyword(s):  
Life Cycle ◽  
Social Development ◽  
Islamic Law ◽  
Human Life ◽  
Daily Basis ◽  
State Law ◽  
Legal Systems ◽  
Religious Law ◽  
The Family

In Mataram West Nusa Tenggara, people is lives are regulated on daily basis by religious law, traditional (adat) law and state law. To understand these complex cultural and religious processes as they affect women in particular, I will examine the issue of divorce, also known as sue divorce. This tipe of divorce is socially-sanctioned. I will focus my examination in Mataram, an city of Lombok West Nusa Tenggara. In Lombok society marriage constitutes an important part of the life cycle.  Someone is not considered an adult until marriage.  Marriage is not only united two individual, but also united two families. However this dream canot be realized over the long term.  If family problems arise and  there are no suitable solutions, people may choose to divorce. For instance, if a wife unable to fulfill her obligations as a wife, her husband can divorce her by verbal means alone, according to any of the three existing legal systems (religious customary or state law). By contrast, if her husband unable to fulfill her obligations as a husband his wife can divorce him in only one way by making an application to Islamic Court to do divorce. In marriage available successful couple builds the family that sakinah, mawaddah and warahmah. But then available also that unsuccessful and end with separate or divorce. Separate constitutes a thing that often happens deep good human life divorce the initiating from the husband and also divorce the initiating from the wife, that its cause islamic law puts attention that adequately significant to that thing. It can appear if understand about islamic law, undoubtedly will find both of previous thing and its terminological  islamic law. There is no divorce without started by marriage. But upon that aim not attained, therefore divorce constitutes last way out that must been sailed through. Divorce can't be done but there is grounds which corrected by religion, adat and state law. In islamic law, that divorce grounds experience developing according to social development. Basically islamic law establishes that divorce reason which is wrangle which really culminates and jeopardize the so called soul safety with “ syiqaq ”. Intention is if worried a couple its happening dispute (dispute not only means wrangle among husband or wife can also distinctive principle and opinion) therefore delegate a someone of its husband family and a someone of wife family. And if both of wife and husband will goodness and they can make resolution and look for the solution, but if there are suitable solution wife or husband can do divorce.

The Context of Islamic Law

2019 ◽  
pp. 788-868
Author(s):  
Uwe Kischel
Keyword(s):  
Canon Law ◽  
Islamic Law ◽  
Special Problem ◽  
Special Importance ◽  
State Law ◽  
Religious Law ◽  
Single State ◽  
The Law

This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.

scholarly journals PELAKSANAAN PERKAWINAN CAMPUR BEDA AGAMA ANTARA WARGA MELAYU MALAYSIA DAN DAYAK KALIMANTAN DI DAERAH PERBATASAN SAMBAS KALIMANTAN BARAT (Antara Living Law dan Hukum Positif Indonesia)

2017 ◽  
Vol 9 (1) ◽  
pp. 31
Author(s):  
Sri Wahyuni
Keyword(s):  
Religious Identity ◽  
Islamic Law ◽  
The Other ◽  
Marriage Law ◽  
Religious Law ◽  
Adat Law

This article discusses about the implementation of mix and interreligious marriages among the Indonesian people of Dayak, Kalimantan and Malaysian people of Muslim Malayu in Sarawak, which is in the boarder of Indonesia-Malaysia. These two of groups live together as one unity of etnic in the boarder area. They are not separated by the boarder of two states. They live in tolerance among the different religions such as Dayak etnic who majority is Christian and Malay who are Muslims. The mix and interreligious marriage are conducted according to adat law, and it is also compatible to Indonesia law which is religious law according to Article 2 (1) and (2) of Indonesian Marriage Law. Therefore, interreligious marriage can’t be conducted formally, but they have interreligious marriage by changing their religious identity to follow the other spouses. For the example, a Christian who wants to marry a muslim and conduct their marriage according to Islamic law which is registed in KUA, he or she must follow the muslim religion, and vice versa.[Artikel ini mendiskusikan tentang pelaksanaan campur beda agama antara orang Dayak, Kalimantan berkewarganegaraan Indonesia dengan muslim Melayu, Serawak berkewarganegaan Malaysia di perbatasan Indonesia-Malaysia. Keduanya hidup bersama sebagai satu kesatuan etnik di daerah perbatasan. Mereka tidak dipisahkan oleh perbatasan dua negara. Mereka tinggal dalam lingkungan yang memegang teguh toleransi antara agama-agama yang berbeda seperti Dayak yang mayoritas Kristen dan Melayu yang Muslim. Perkawinan campur beda agama dilakukan menurut hukum adat dan didasarkan pada hukum Indonesia yang sesuai dengan Pasal 2 (1) dan (2) UU Perkawinan. Oleh karena itu, Perkawinan campur tidak dapat dilakukan secara formal, tetapi mereka memiliki cara dengan mengubah identitas agama mereka untuk mengikuti pasangan lainnya. Misalnya, seorang Kristen yang ingin menikah dengan muslim dan mereka melakukan perkawinan menurut hukum Islam yang dicatat di KUA, seorang calon isteri atau calon suami harus mengikuti tata cara Islam, begitu sebaliknya.]

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.

scholarly journals Legal Protection of Civils Rights on Childrens’ Birth from the Unrecorded Marriage

2019 ◽  
Vol 6 (3) ◽  
pp. 908
Author(s):  
Nining Herlina ◽  
Zainal Asikin ◽  
Lalu Husni
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Legal Protection ◽  
The State ◽  
State Law ◽  
Religious Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Husband And Wife

Marriage is a rule to authorize the relationship of two different gender to become husband and wife. Sociologically, there are marriage that was done by religious law but was not recorded by the state even until it produced children. Law Number 1 from Year 1974 on Marriage confirms that marriage is valid if conducted according to the religion and registered as regulated on binding law.This study aims to examine the law protection of civilization rights on childrens’ birth from the unregistered marriage. Research methods is normative research with statute, conceptual, and case approaches. Conclusion, recording is one of the important aspects in marriage, if marriage is not recorded, even though it is legal based on the religious law, but in the state provision, marriage does not have the legal force. Furthermore,  it is not recognized by the state because it does not have the right to manage all interests related to the state. Law protection on childrens’ birth from the unregistered marriages can be taken by isbat nikah to legalize the marriage of their parents.Key Words:  Legal Protection, Children, Unrecorded, Marriage, Alimentation, Inheritance, Islamic Law

scholarly journals Akibat Hukum dalam Perkawinan yang Dilakukan oleh Suami Tanpa Ijin Istri Sahnya

2020 ◽  
Vol 1 (1) ◽  
pp. 60
Author(s):  
Barzah Latupono
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
State Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Religious Law ◽  
Life Phenomena ◽  
The Relationship ◽  
Research Show ◽  
Husband And Wife

Marriage is a very sacred bond. The purpose of this research is to study and analyze the existence of household life phenomena that occur misunderstandings, disputes, quarrels, which are prolonged, which trigger a break in the relationship between husband and wife, but there are also disputes in the household but do not break the relationship in the sense of divorce but the husband has an affair. The research method used in this research is normative legal research, with a statutory approach, conceptual approach and case approach. The results of the research show that the husband performs the next marriage, it is permissible in Islamic law as long as there is honesty and permission from the first wife, but if a marriage is carried out secretly without the permission of the first wife then this marriage will bring harm to the parties and this kind of marriage will not will be recognized by religious law and State law which will result in the parties not getting recognition and protection by law because the marriage is considered invalid and can be canceled.

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

Religion in the Mirror of Law

2016 ◽  
Keyword(s):  
Eastern Europe ◽  
Religious Affiliation ◽  
Religious Communities ◽  
State Law ◽  
International Conference ◽  
Religious Law ◽  
Religious Coexistence ◽  
Theory Of Law

This volume has as its subject reflections on religious affiliation in the theory of law, political constitutions and the reality of law in Eastern Europe. How did parliamentary representations, religious communities, scholars and writers imagine an ethnically as well as religiously heterogenous society? How did changes in power affect the life and the institutions of the various religious communities? On which levels did religious law, enlightened reason and state law compete against each other? How was ethnic and religious coexistence conceived theoretically and enacted locally? The contributions to this volume, presenting the outcome of an international conference held in Lviv, discuss these questions from the perspectives of historical, anthropological, legal and literary sciences.

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