Qiyas : Jurnal Hukum Islam dan Peradilan
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Pertimbangan Hakim Dalam Isbat Nikah Di Pengadilan Agama Curup Ditinjau Dari Upaya Pembentukan Keluarga Sakinah
No full textConsideration Of The Judge On Isbat Nikah In Religious Court Of Curup Viewed From The Effort Of Establishing Harmonious Family. Marriage is one of the instinctive needs of man. To ensure the sanctity and holiness of marriage is maintained, then the state is in this case the government took over to set it up in order to achieve the purpose of marriage is essential to the necessity of recording the wedding on the authorities. But the fact in the community turned out there were people who did not record the wedding and marriage to the authorities. To resolve these problems, the state set by specifying the possibility of isbat nikah application efforts through the Religious Courts. This research is a field research in the form of case studies, using qualitative method, through a normative juridical approach. The results showed that in the case isbat nikah, a lot of consideration of the judge who did not institute the legal basis regulating this matter which is a compilation of Islamic law article 7, so a lot of determination or decision in isbat wedlock is not appropriate because it does not contain elements of fairness / philosophical certainty legal / normative or juridical and benefits / sociological. Consequently, there is underestimation on the institution of marriage by not registering the marriage, lax morality of premarital promiscuity, and leads to the difficulties materialize harmonious family
Kajian Putusan Pada Perkara Hadhanah Ditinjau Dari Undang-Undang Tentang Perlindungan Anak
No full textAbstract: Decision On The Case Study Ofhadhanah Viewed From The Law On The Protection Of Children. Fiqh scholars agree that the laws of caring for and educating children is mandatory, because if it is not cared for and well educated, will reflect badly on themselves, can even lead to losing their lives. In the case ofhadhanah decision No.34 / Pdt.G / 2014 / PA.Crp and No. 16 / Pdt.G / 2015 / PA.Crp hadhanah has granted to the mother, but the basic of its legal consideration is vary. These Differences will be recorded, analyzed philosophically and normatively. This paper will examine how the consideration of judges in deciding cases ofhadhanah No. 34 / Pdt.G / 2014 / PA.Crp and No. 16 / Pdt.G / 2015 / PA.Crp terms of Act No. 23 of 2002 on Protection of Children and legal settings. This research is a normative legal research with qualitative methods in the form of literature studies. The approach used in this study isstatute approach and case approach. Data were analyzed using comparative analysis. The results of this study indicate that in case the decision ofhadhanah No. 34 / Pdt.G / 2014 / PA.Crp and case No. 16 / Pdt.G / 2015 / PA.Crp, judges tend to pay less attention to consideration of the regulations to the Act No. 23 of 2003 on Protection of Children Jo No. 35 of 2014 regarding Child Protection. Legal arrangements in the settlement of hadhanah isverzet, appeal, and need to be applied mediation and dwangson that the defendant is willing to fulfill his promise
Sanksi Pidana Bagi Pelaku Kekerasan Pencabulan Terhadap Anak Menurut UU No. 23 Tahun 2002 dan Hukum Islam (Studi Putusan PN Bengkulu No. 185/PID.B/2013/PN.BKL)
No full textCriminal Sanctions for Violator of Sexual Abuse Against Children by Act no. 23 years 2002 and Islamic law (Study of Bengkulu Court Decision no. 185 / pid.b / 2013 / PN.BKL). This study analyzes the Bengkulu District Court judge’s decision in a criminal case of sexual abuse against children Number: No. 185 / Pid.B / 2013 / PN.Bkl terms of the Act. 23 of 2002 and the law of Islam. Using qualitative research methods, types of legal normative juridical, with the approach of legislation, case approach and conceptual approach through the study of literature and documentary studies. The results showed that the execution of criminal sanctions against the perpetrators of sexual abuse of children, according to Law. 23 of 2002 as amended by Law No. 35 of 2014 on the protection of children can be carried out by a panel of judges to apply Article 82, if the defendant proved to meet the elements of objective and subjective elements, while the implementation of Islamic law can be applied ta’zir criminal sanction, namely the legal sanctions established by judges / legal government, Then the decision handed down by the judges on the Bengkulu District Court case number: 185 / Pid.B / 2012 / PN.Bkl, has been proven legally and convincingly guilty of committing the crime of sexual abuse of children as stated in Article 82 of Law No. 23 of 2002 to convict four years in prison and a fine of 60,000,000, - (sixty million rupiahs), while in Islamic law, perpetrators of abuse may be subjected to caning (jild) or more can create a deterrent effect and the pain is not too long with the purpose of providing education/ teaching (ta’dib) and prevention (zajr)
PERAN POS BANTUAN HUKUM (POSBAKUM) DI PENGADILAN AGAMA BENGKULU KELAS I A BERDASARKAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2014
No full textThe purpose of this research is to know the Role of Post of Legal Aid (Posbakum) based on Supreme Court Regulation Number 1 Year 2014 and implementation of Posbakum in serving the justice seeking society that can not afford in Religious Court of Bengkulu Class I A. Research conducted at Bengkulu City Court, at March-June 2017. The research method used is survey method and data retrieval technique done by library study and open interview. Data were analyzed descriptively qualitative. The result of this research is expected to have social value which is giving information to Bengkulu people in particular, and society (nation) Indonesia generally about the benefits or the power of Legal Aid to the poor people in Religious Court of Bengkulu Class I A.
PENYIMPANGAN SEKSUAL DALAM HUBUNGAN SUAMI ISTRI PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG KEKERASAN DALAM RUMAH TANGGA (KDRT)
No full textThis research raises the problem about sexual deviation in the relationship of husband and wife of Islamic law perspective and Law No. 23 of 2004 on Domestic Violence. Based on the analysis can be disipmulkan that form of sexual deviation husband to wife like: (1) sexual sadism which is one form of variation in relationship of husband and wife. The behavior of sexual sadism involves giving a stimulus to her partner in a sadistic way. This behavior is usually accompanied by the act of tying his partner, close his partner’s eyes, and silenced his partner’s mouth. (2) Fucking at the wife’s rectum because it can be likened to liwath (homo sex), because the rectum is a dangerous and dirty place. Analysis of Islamic law against sexual deviation (sexual sadism) also contains elements of persecution and danger. Which element of persecution and danger is prohibited by Islam. Because it can harm yourself and others, and not in accordance with the goals of Islam that brings grace to the universe that requires all human beings to live in a state of serenity and at the same time eliminate the danger to mankind. While in some verses, the Qur’an has hinted that Allah Almighty. Do not like people who like to do damage and persecution (kemafsadatan). Sexual lapses of husbands against wives according to Article 8 Letter A of Law no. 23 of 2004 includes violent acts defined as any act of coercion of sexual intercourse, coercion of sexual intercourse in an unnatural way and or disliked by a wife
TINJAUAN YURIDIS TERHADAP PERKARA PERMOHONAN PEMBATALAN PERKAWINAN DI PENGADILAN AGAMA (STUDI KASUS PUTUSAN PENGADILAN AGAMA LEBONG NOMOR: 0059/PDT.G/2015/PA.LBG.)
No full textMarriage in Indonesia is regulated in Law no. 1 of 1974 concerning marriage, and Government Regulation of the Republic of Indonesia No. 9 of 1975 on the Implementation of Act No.1 of 1974. then for the people of Islam also apply Presidential Instruction No.1 Year 1991 on Compilation of Islamic Law as a complement of the Law No. 1 Year 1974. In the case of the position of this research object, that the applicant as a woman (wife) feels never divorced with her husband. However, her husband believes that she has divorced her, so the husband marries another woman. So the wife declared the marriage illegitimate, because it violates the provisions, namely when the husband is married to the second wife, the husband did not ask permission to the first wife, in addition to no permission of polygamy from the Religious Courts. So the first wife applied for a cancellation of marriage to the Religious Court in order for the second marriage to be canceled. The type of research used is qualitative research, which referred to qualitative research is a research procedure that produces descriptive data in the form of words or verbal from the people and behavior observed. Based on the formulation of the problem and research objectives, the approach method used is the juridical approach. Juridically this research may include research on legal principles, legal system, legal synchronization, legal history, and comparative law. Research location at Lebong Religious Court. The data used in this study consist of primary data and secondary data. The data obtained from both the literature and the interview will be analyzed by using qualitative analysis method, a research procedure that produces analytical descriptive data. The result of the research found that the judges of Lebong Religious Court on Marriage Cancellation with decision number 0059 / Pdt.G / 2015 / PA Lbg was rejected by the panel of judges so that the marriage of the Plaintiff’s husband with the Defendant was still legally valid and the Defendant still got his wife rights. In the contents of the decision filed a petition for the cancellation at the Lebong Religious Court, which was then registered in the case Number 0059 / Pdt.G / 2015 / PA.Lbg. which consists of three judges did not all agree with the decision. One judge argued differently from the majority of judges. Opinions differ from minority judges included in the content of the verdict called dissenting opinion.
PERKAWINAN BELEKET MENURUT ADAT REJANG DI REJANG LEBONG DITINJAU DARI HUKUM ISLAM
No full textThe custom is the code of conduct in life that includes real aspect that has been set as custom wedding, this research is the study of shapes of marriage beleket (mating honest) Rejang Rejang Lebong in customs. In this study researchers using this type of research libraries (Library Research). I.e. using techniques of data collection undertaken by way of reading and reviewing some literature or books as well as legislation relating to problems in thorough, as for activities conducted in the analysis of the data, namely: 1. Looking for books to find understanding and laws regulating marriage beleket (mating honest) custom Rejang. 2. Choose the verses of Qur’an and Hadith about marriage as well as books of Fiqh related. 3. create a systematic verses of Qur’an and Hadith and Fiqh books. 4. The Data obtained in the analysis of inductive qualitative basis.The results of this research indicate that: 1. marriage beleket/honest is a form of marriage in the family requires the Rejang, bid pay money to be honest or to the girl leket and in mating beleket/jujurnya big money this honest and much more cakkercik (besides money). honest marriage is a form of marriage eksogami, children then enter klen or bloodlines father, because marriage is a marriage that ensured beleket bloodlines patrlineal.2. in the the purpose of Marriage beleket is equal to marriage in accordance with the concept of marriage in Islam i.e. marriage must be Sekufu described in the Qur’an in Sura An Nur, verse 26 An Nur, verse 3 and Al Hujurat verse 13. In the procession of honest marriage/marriage beleket Rejang Rejang Lebong in customs were in accordance with the marriage in Islam and not against syari ‘, but with a result of beleket in the form of marriage gitie tikea (replace the mat) should be abandoned because it is in the form of the larger tikea gitie mafsadahnya from on maslahah obtained, according to the word of God Saw in Qur’an Sura Al-Baqarah verse and Hadith the Messenger of Almighty, 234. In fostering domestic life forms indigenous beleket Rejang marriage greater mafsadahnya of maslahah in accordance with the Quran, Hadith, Fiqh rules, so that the form of the marriage custom of the Rejang beleket called ‘urf fasid is incompatible with the Islamic Sharia’. The law it is al muharram li Dzatih
TINJAUAN HUKUM ISLAM TERHADAP KEWAJIBAN PEGAWAI NEGERI SIPIL MEMBERI NAFKAH KEPADA BEKAS ISTERI PASCA PERCERAIAN (STUDI ANALISIS TERHADAP PASAL 8 PP NO. 10 TH. 1983 JO. PP. NO.45 TH.1990)
No full textThe formulation of this research is: Firstly, how does Islamic law manage the livelihood obligation given by a husband to ex-post-divorce wife? Second, how the review of Islamic law against article 8 of Government Regulation no. 10Year 1983 Jo. PP no. 45 of 1990 on the obligation of Civil Servants to provide for the former post-divorce wives? The method used is qualitative decriptive, with normative juridical approach. This study concludes that: First, Islamic Law regulates the obligation of a husband’s livelihood to ex-wife after the divorce of mut’ah that is giving entertainment to his ex-wife and giving iddah livelihood is the livelihood given by the former husband to the ex-wife during the former wife run the iddah period in talak raji. Both obligations are tailored to the ability of ex-husbands and the level of propriety prevailing in society so as not to burden the burden of ex-husband. There is no obligation to provide more for the former husband after the ex-wife past the iddah period. Second, the obligation of the former civil servant’s husband to give 1/3 of his salary after divorce to his ex-wife until the former wife is remarried, as regulated in Article 8 PP Number 10 of 1983 jo PP No. 45 of 1990 contrary to and contrary to the provisions of Islamic Law because in Islam the obligation of the former husband to give a living to the former wife only in the iddah period because it is the provision of 1/3 salary to the former wife until the former wife married again will cause mudharat both for the former husband himself and the former family of the former husband.
PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN BAGI ISTERI YANG BERKARIER (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA BENGKULU)
No full textDivision of joint post-divorce property for a career wife (a study of the Bengkulu Religious Court’s decision). There are two problems in this research, namely, how the concept of sharing of joint property for the wife of a career in the event of divorce, and what is the basis of judges consideration of Bengkulu Religious Court in deciding the case of sharing of joint property for the wife of a career. Descriptive qualitative research method, while data collection techniques are documentation, observation and interview. Data sources include primary and secondary data. The informant of the judges of the Bengkulu Religious Court. Secondary data of religious court ruling on the distribution of common property. The results of this study explain that the distribution of joint property for wives whose career is not clearly regulated in the Compilation of Islamic Law, therefore in the case of sharing of joint property for the wife of a career, becomes the ijtihad area of the judge to see the case casuistically by taking into account the contribution and role of each. Respectively. The basis of consideration of the judges of the Bengkulu Religious Court in determining the distribution of joint property for wives of post-divorce careers, has been in accordance with theories based on the judges’ good judgment, procedurally in accordance with applicable law, because in its judgment the judge has taken legal norms Appropriate to the articles in the legislation, and has fulfilled the normative juridical aspects, sociological and philosophical, so that the realization of legal certainty, legal justice and legal benefits. Consideration of the judges of the Bengkulu Religious Court in deciding the case of sharing of joint property for the wife of the career, the majority of the decision based on the provisions of the Compilation of Islamic Law, some judges to explore other sources of law as required Article 5 paragraph (1) Law Number 48 Year 2009 on Judicial Power And the principle of ius novita novit, in deciding the matter of sharing the property with the judges of the Bengkulu Religious Court based on casuistry.
PENYELESAIAN SENGKETA PERKAWINAN MELALUI PERADILAN ADAT DI KECAMATAN TANJUNG KEMUNING
No full textMarriage disputing that led to send a letter of divorce to the wife, so traditional authorities do mediation session for the peace of process, traditional authorities seek to reconcile the husband and wife. When the peace can not be reached, so that the status of husband and wife officially divorced, then customs will hold treaty / agreement with a content that when the two sides will conduct a marriage with another person, a husband or wife will not demand to the authorities, the letter of the agreement signed on the stamp 6000 is known by the traditional authorities. There are three issues that must be studied in this thesis, namely: (1) How to solve the disputing processes conducted by the customary court ?, (2) How is the effectiveness of traditional justice in reducing the number of divorce? (3) How is the legality of the customary verdict against divorce case ?. The purpose of this study was to determine how to resolve the dispute marriages customary justice, determine the effectiveness of traditional justice in reducing the divorce rate and the legality of the decision Knowing customary in divorce cases in the district of TanjungKemuning. In this study, using field research, with a qualitative descriptive research. To collect the data studied using interviews, literature review and documentation. From these results it can be concluded that there were 40 cases of disputes that separated in villages in district of tanjungkemuning as many as 24 cases successfully reconciled by traditional authorities in the district of tanjungkemuning. The process is carried out emphasizes the nature of kinship, not entailing excessive cost so the effective result that households back in harmony. The legality of the decision of customs that promote the agreement of both sides of husband and wife to the dispute are legal standing when tested with the theory of legal certainty of the decision does not have binding legal force because according to Law No. 1 of 74 Article 39, paragraph 1 says “Divorce can only be done in courtroom after the court concerned to try and not managed to reconcile the two sides Similarly, the Islamic Law Compilation (KHI) article 155 it is said that” “Divorce can only be done in front of the Religious court after the Religious courts are tried and did not succeed to reconcile both sides.