Indonesian Journal of Law and Islamic Law (IJLIL)
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The Impact Law Number 16 of 2019 about Marriage Age Dispensation on The Child Marriage Gap
Full text linkChild marriage in Indonesia is quite high. Child marriage is a form of violence against children and is a practice that violates children's basic rights as outlined in the Convention on the Rights of the Child (CRC). Child marriage limits access to essential services, including education and health services, and can have long-term negative impacts on children's well-being and life chances. The legal age limit for marriage in Indonesia is a minimum of 19 years. However, one of the policies in the Marriage Law is a loophole that supports the legality of child marriages, through the granting of dispensations by the Court. The number of requests for marriage dispensation at the Ambarawa Religious Court continues to increase. This data is a reference for the author in studying the impact of the enactment of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage, on children. This research uses normative juridical methodology, namely reviewing court decisions. As a finding, one of the impacts of the enactment of Law Number 16 of 2019 which amends Law Number 1 of 1974 concerning Marriage is the increase in the number of requests for marriage dispensation at the Ambarawa District Court, Semarang Regency. This increase reached 337%, with the average number of applications per month increasing from 7.44 to 25.07. Changes in the marriage age as stated in Article 7 regarding the minimum marriage age of 19 years are not effective in reducing the number of child marriages. So it is necessary to optimize the implementation of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Granting Marriage Dispensations to ensure that judges have clear procedures and structured steps in adjudicating marriage dispensation cases
Instruksi Walikota Jayapura : Effectiveness of Lawin Creating a Clean and Healthy Environment: Instruksi Walikota Jayapura: Efektivitas Hukum Instruksi Walikota Jayapura dalam Mewujudkan Lingkungan Bersih dan Sehat
No full textTo reduce environmental pollution from plastic waste and minimize the use of plastic bags. Thus, the Jayapura City government issued a policy of Mayor Instruction number 1 of 2019 regarding using alternative shopping bags instead of plastic bags. This study aims to find out how the application of these instructions in the community and the administrative law view of the policy on environmental pollution problems in Jayapura. Quality research will be used in this study as data collection through the review of Mayor Instruction Number 1 of 2019, interviews, and observations. The results showed that this instruction was only aimed at specific merchants, such as modern shops/stalls and supermarkets. Meanwhile, traditional market dealers and small stalls on the roadside should be applied. In practice, the shops and merchants mentioned must provide alternative bags, such as noken and cardboard, for people who shop. Confiscation sanctions will be imposed If the business actor does not provide alternative plastic bags. The subsequent finding is that the level of compliance of business actors with these instructions is high. Meanwhile, the legal hierarchy of the Administration of the Mayor of Jayapura Instruction Number 1 of 2019 is a simplified form of Law Number 32 of 2009 concerning environmental management. However, the Jayapura mayor's instruction has not been effective in environmental management. That is because there are still floods due to the accumulation of rubbish aimed at certain business actors
The Relevance of Crossdressing Laws from the Perspective of Hadith and MUI Leaders of Malang City: Relevansi Hukum Crossdressing Perspektif Hadis dan Tokoh MUI Kota Malang
No full textThe rapid development of technology makes it easier for people to create profits to achieve profits. One of them is the phenomenon of crossdressing carried out by content creators on social media to entertain and get other benefits. Crossdressing is really considered to disturb order and comfort, because many people use it as a means of disguise or even to the point of completely changing their identity according to the clothes they wear. This study aims to determine the phenomenon of crossdressing caused by work in the study of hadith and opinions from MUI figures in Malang City. This type of research is descriptive qualitative, which is empirical in nature. The phenomenological approach is from the opinion of the MUI Kota Malang figure. The result of this study is that crossdressing laws are prohibited both according to sahih hadith, as well as the MUI of Malang city, because it includes tasyabbuh, and the opening of other job opportunities that do not violate religious rules
Endogamous Marriage as a Criteria for Kafaah in the Arab Community of Jember Based on Al-'Adah Muhakkamah Perspective
Full text linkThe purpose of this study is to ascertain and comprehend the perspectives of Ulama about kafaah in endogamous marriage, as well as the practises and perspectives of al-'Adah Muhakkamah in endogamous marriage within the Arab community of Jember. The research methodology employed in this study is field research, utilising a juridical, normative, and sociological approach. The findings of this study indicate that some Ulama perceive endogamous marriage as a component of moderate compatibility (kafaah), while others do not. Furthermore, the majority of the Arab community in Jember agrees with the viewpoint of Ulama who believe that endogamous marriage is not a part of kafaah. After analysis, it was concluded that the implementation of endogamous marriage was acceptable because it was in accordance with the principles of al-'Adah Muhakkamah
Legal Protection for Online Loan Borrowers: Perlindungan Hukum bagi Nasabah Pinjaman Online
No full textOnline loan application services have generated numerous complaints regarding the unauthorized and non-consensual dissemination of personal data by online loan providers without notice and without the owner's permission. Consequently, it is important to study the legal protection of borrowers' personal data in online loan applications, as well as the sanctions for personal data breaches. This article aims to examine the legal protection of borrowers' personal data in online loan applications using a normative legal method through legislative and factual approaches. The study results indicate that legal protection and sanctions for personal data breaches have been regulated in Law No. 11 of 2008 and its amendments concerning Electronic Information and Transactions. However, specific provisions regarding legal protection and sanctions for personal data breaches in online loan services are stipulated in Financial Services Authority Regulation No. 77/POJK.01/2016 concerning Information Technology-Based Peer-to-Peer Lending Services, as emphasized in Article 26 which states that the provider is responsible for maintaining the confidentiality, integrity, and availability of users' personal data and should utilize it with the consent of the personal data owner, unless otherwise specified by legislation. Sanctions for personal data breaches are regulated in Article 47 paragraph (1), which include written warnings, monetary obligations, fines, business activity restrictions, and permit revocation
Fairness Aspect in the Paroan System in the Mangar Society
Full text linkThis research was conducted on the Mangar society who have a system of cooperation in the form of "paroan agreements" which can be categorized as creative in drafting and implementing agreements. The social system of the Mangar society is quite interesting to explore because in the midst of a very exploitative agricultural and livestock management system, the Mangar society remains consistent in upholding justice by placing the position of farm laborers in a balanced way both in terms of roles and the distribution of benefits from managing the farm. The research method used in this research is qualitative research or field research. The results of this study indicate: (1) The paroan agreement form of the Mangar society is an oral agreement; (2) Implementation of the paroan agreement begins with an agreement between the two parties, namely the land owner and the manager. Then the implementation starts from clearing the land to harvesting; (3) The meaning of justice in the paroan agreement can be seen from: first, equal opportunity to help each other and obtain welfare between the parties. Second, there is a balance of rights and obligations. Third, there is appreciation based on the principle of mutual need. Fourth, in the distribution of profits based on mutually agreed agreements
Legal Power of Testament Act as Authentic Deed in The Indonesian and Malaysian Law System
Full text linkThe Testament is a letter that contains a person's statement about what they want on assets after they die. In principle, in civil matters in the Indonesian legal system (Civil Law), written evidence is prioritized evidenceor the highest evidence than others. In contrast to Malaysia (Common Law), in the law of proof, it uses a jury system. Legal issues are determined by the judge and the facts are determined by the jury. From the explanation above, the Testament deed doesn’t have to do because the heirs are entitled on the inheritance of the property. Based on the description above, it needs to further examine “The Comparison of the Testament Deed Law as an authentic deed of Law in the Legal System in Indonesia and Malaysia”. The method used in this research is Qualitative Method, using Normative Law research. The results showed that (1) The Testament Regulation in the legal system in Indonesia and Malaysia is still pluralism of law; (2) The legal force of the Testament Deed and the legal consequences are both perfect proof in the Court if it fits its the procedures and provisions; (3) The Implementation of Testament Deeds in the legal system of the Indonesian and Malaysia, both can be done in writing, verbally or signal and it is witnessed with two witnesses
The Dynamics of Islamic Family Law Reform in Morocco on Guardians Of Marriage
Full text linkIslamic law reform must be carried out in response to the demands of change that occur in society. It is said that because one form of the universality of Islamic law is seen from the adaptability and flexibility of Islamic law itself. In connection with reform, Morocco carried out reforms of Islamic family law in the twentieth century. History states that between 1912-1956 Morocco was under French and Spanish political domination. The follow-up of efforts to develop the codification of family law was on August 19 1957, Morocco, whose inhabitants were followers of the Maliki school of thought, codifying during 1957 to 1958 producing Mudawwamah al-Ahwal al-Syakhsiyyah. The history of the birth of the Moroccan Law began on December 6, 1957 (13 Jumadil Awal 1377) with the issuance of the King's decree dated November 22, 1957 (28 Rabiul Thani 1377), announcing the issuance of the law on marriage and divorce. Morocco made history again in 2004, Morocco carried out a reform of the Islamic family law, which is one of the countries that gives legal permission to a woman, both girl and widow, to marry herself without a guardian in its Mudawwah al-Usrah, efforts to reform this law cannot be separated from the role of King Muhammad VI and the Progressive Feminism Movement
The Position Of Women In The Family Law According To Liberal Feminis
Full text linkHistorical facts reveal that thousands of years before Islam came, especially in the era of Jahiliyah, women were seen as not having complete humanity and therefore women did not have the right to speak out, did not have the right to work, and did not have the right to own property, this caused the feeling of shame to have daughters who resulting in the burial of innocent baby girls being buried alive is also an injustice due to wrong traditions. The results of this research are (1) The misunderstanding of society regarding the position of women in the family according to Siti Musdah Mulia is the result of wrongly interpreting this verse of the Koran due to several reasons. One of them is that in general, Muslims understand religion more dogmatically, the Islamic community obtains religious knowledge through lectures from the scholars', and (2) Musdah Mulia's basic thoughts are related to formulating the position of women in the family, including a) There are no differences in men -men and women. One of God's blessings is that all human beings, whether male or female, are equal, regardless of ethnicity, wealth, or social position. In God's view, man is valued only based on his obedience; b) the essence of Islamic teachings is to humanize humans and respect their sovereignty. and therefore must be recognized as natural; c) The essence of religious teachings is to humanize humans, respect humans and honor them
The Problematics of Divorce Before Judges The Perspective of Islamic Law Compilation and Madzhab Syafi’i
Full text linkIndonesia is country based on law, the law itself is regulation regarding human actions that can done or not done, Humans are social creatures whoo need others, in is marriage there are many problems cause divorce, then writer will analysisthe validity of divorce before the panel of judges according to Islamic Law Compilation and Syafi’I Madzhab, as weell as analysisthe determination the iddah period in the Islamic Law Compilation and the opinion of the Syafi’I Madzhab, by using method abalisis conten, with conclusion in Islamic Law Compilation all divorces in Indonesia must go through a court of law, whether marriage is legal or not, this provision inconsistent with the 2012 Indonesia ulema’ consensus and opinion the Syafi’I madzhab, because according the Shafi’I School there are only 7 things, 4 cases where the husband does not want or has not dropped his tread, the woman may apply to court, namely: The problem of not having a living, The problem the wife’s harm, The problem of having a disability, The problem the husband’s departure which is not clear, and 3 cases are the absolute authority of the court to resolve, namely: divorce due to illa’, divorce due to li’an, divorce due to zhihar