Qiyas : Jurnal Hukum Islam dan Peradilan
Not a member yet
232 research outputs found
Sort by
PENYELESAIAN SENGKETA RUMAH TANGGA PERSPEKTIF TAFSIR BUYA HAMKA TERHADAP SURAT AN-NISA AYAT 34 – 35
No full textThis research raises the problem of Household Dispute Resolution Perspective Tafsir Buya Hamka Against Surat An Nisa Verse 34 - 35. The purpose of this study to describe the Settlement of Household Dispute Perspective Tafsir Buya Hamka Against Surat An Nisa Verse 34 - 35. The method used in research Library research. The results of this study that by overcoming the wickedness of the wife by giving advice and guidance, separating the bed or silent in bed, and a resuscitate punch. In the case of husband nusyuz, Islam offers peace, could with the initiative of the wife of both parties introspection each other. In order to maintain a home network, being mutually legowo to give the best for the couple is a recommendation. If indeed both parties are no longer able to be reconciled, you should take a way by using a good 3rd party is willing to solve the problem
Analisis Pertimbangan Hukum Kekerasan Dalam Rumah Tangga Sebagai Faktor Penyebab Perceraian (Studi Putusan Pengadilan Agama Manna Kelas II No. 0018/Pdt.G/2014/PA.Mna dan No. 0466/Pdt.G/2014/PA.Mna)
No full textAbstract: Analysis Of Legal Considerations On Household Violence As A Factor Causes Of Divorce (Case Study Of Religious Courts Verdict In Manna Class II No. 0018/Pdt.G/2014/PA.Mna dan No. 0466/Pdt.G/2014/PA.Mna). Based on reports of the National Commission for Women gathered from Religious Court, it shows that the Religious Court is the first door to reveal the household violence. This study will address whether the acts of household violence may be a reason to file for divorce? And what is to be considered by Manna Religious Court in deciding a divorce case by reason of household violence? This research is a qualitative juridical normative approach to legislation and case study approach. The result shows thathousehold violence can be used as an excuse to initiate divorce (Law No. 23 Year 2004 concerning the Elimination of Household Violence Article 5, 44, 45). It can be linked to the Marriage Act jo Government Regulation No. 9 of 1975, and the Compilation of Islamic Law (Presidential Decree No. 1 of 1991 Section 19 (b) and (d) of Government Regulation No. 9 of 1975 and Section 116 (b). Manna Religious Court in deciding a divorce case by reason of household violence, namely the decision number: 0018 / Pdt.G / 2014 / PA.Mna, the contested divorce, the legal basis for its consideration, namely, Article 39 paragraph (2) of law No. 1 Year 1974 Jo. Section 116 (g) Compilation of Islamic law. Accordingly, the plaintiff had been grounded and is not against the law. However, the decision in its consideration of the judges did not mention about the mediation process.
PEMIDANAAN TERHADAP PIHAK YANG MENGABAIKAN PUTUSAN PENGADILAN AGAMA
No full textThe purpose of this research is to know the way of punishment against those who ignore the judgment of the religious court. This research uses the approach method used in legal research namely the normative juridical, that is a problem approach by examining and reviewing a legislation that is applicable and competent to is used as a basis for problem solving, so the steps in this study use juridical logic. In this study the authors collected data by in-depth interview method to 3 (three) judges of Bengkulu Religious Court. While the method of data analysis using the framework of inductive thinking is the way of thinking by taking conclusions from the data that is special. The result of this research is that the punishment against those who ignore the decision of the Religious Court, namely: the first, through civil law that the plaintiff can file the execution of the decision of the Religious Court to the defendant. Consequently, if the execution can be exercised, the right of the defendant will be forced to be handed over to the plaintiff with the value of the decision. While the second way is by the act of punishment where the plaintiff can file a criminal complaint criminal article embezzlement. This can be done when the defendant neglects to implement the breakup as set forth in Article 372 of the Criminal Code
FAKTOR PENYEBAB KEENGGANAN ISTERI MENGAJUKAN GUGAT CERAI TERHADAP SUAMI YANG MELANGGAR SIGHAT TAKLIK TALAK DI KECAMATAN KAUR SELATAN KABUPATEN KAUR
No full textThis study raises the issue of the causes of the reluctance wife filed a divorce against her husband who violate sighat taklik divorce and understanding with their wives taklik divorce in marriage as well as the legal implications of the breach taklik divorce for a marriage. The purpose of this study was to determine the factors causing reluctance wife filed a divorce against her husband who violate sighat taklik divorce and understanding wives District of South Kaur Kaur District with their taklik divorce in marriage as well as to know the legal implications of the breach taklik divorce for a marriage. This study uses empirical juridical law starts from the primary data / basic data is data obtained directly from informants selected are six wives whose husbands abuse sighat taklik divorce in the district South Kaur Kaur regency. The data collection techniques used were observation, interview and secondary data collection. When the data to do the data analysis by descriptive normative. The results showed that the wives of the District Kaur Southern District Kaur assume that sighat taklik divorce in a marriage is only limited pledge of marriage and does not quite understand that sighat taklik divorce is guaranteed protection of self-wives while factors causing reluctance wife filed a divorce against husband sighat abuse taklik divorce in the district of South Kaur Kaur District is because of shame to the neighbors and the psychological impact of small children, not understanding the process of the divorce to the religious courts, and embarrassed by the title of a widow who still put it negatively as a widow in societ
JUDGMENT KANTOR URUSAN AGAMA TERHADAP NIKAH USIA MUDA PERSPEKTIF MAQASID SYARI’AH (STUDI KASUS DI KUA KECAMATAN TELUK SEGARA KOTA BENGKULU)
No full textThis study raises the issue of judgment KUA officials Segara bay towards young marriage and Maqasid Syariah perspective to judgment KUA officials against young marriage. The purpose of this research is to know. This type of research that is used in preparing this thesis is qualitative data collection techniques of observation, interviews and documentation, obtained through informant interviews at KUA officials and local community leaders. After the data obtained qualitatively analyzed by means of: data reduction (data reduction), presentation of data (data display), and draw conclusions (verification). The results showed that the Gulf KUA officials Segara judgment against young marriage that essentially passive KUA not pick up the ball means KUA only receives and selects the terms proposed by the prospective bridegroom and bride age if found lacking as has been required by the Act No. 1 In 1974, the Syariah perspective Maqasid Overview judgment KUA officials against young age of marriage is correct because Islam maintain the benefit of the family in particular and society in general. This is in accordance with the rules of fiqh “Maslahah Muarsalah” ie assuming that this law is just a tool that the end goal is to create a benefit for mankind. Given madaratnya arising from a young age marriage was a very big influence on domestic and social life, the government reserves the right to make the minimum marriage age limit requirement as stipulated in Law No. marriage 1 of 1974 Article 7 paragraph (1) and KHI Article 15 paragraph (1)
Pertimbangan Hakim Pengadilan Agama Curup Terhadap Izin Poligami Suami Yang Tidak Memenuhi Syarat Poligami Dalam Hukum Positif Di Indonesia
No full textConsideration Of Judge In Religious Court Of Curup On Permitting The Polygamy Of Husband Who Do Not Eligible For Polygamy In According To Indonesia’s Positive Law. Religious Court in its task of giving a decision on the application for polygamy, guided by the rules, namely Law No. 1 of 1974, Government Regulation No. 9 of 1975 and the Compilation of Islamic Law. Examples of cases that occurred in 2013 in case No. 142 / Pdt.G / 2013 / PA CRP.and Case Number: 542 / Pdt.G / 2013 / PA CRP. This paper is discussing a review of Islamic law against the decision of the permission for polygamy who do not eligible, consideration of the judge in deciding the permission of polygamy and the power of law permits polygamy who are not eligible. This type of research is normative empirical, and data analysis with qualitative methods. Collecting data using techniques of documentation, interviews and observation. The results of this study indicate first, in Islamic law, the decision on case number 142 / Pdt.G / 2013 / PA CRP and case number 542 / Pdt.G / 2013 / PA CRP were determined by a panel of judges have compatibility with the context of ijtihad, and the results of its legal can be carried out without shutting down the previous law. The result of this decision is a form to fill a legal vacuum. Then, the Religious Court judges of Curup perform legal breakthrough (contralegem), because it does not apply Article 4 (2) of Law No. 1 of 1974 in the examination of the case. So the legal reasoning used by the judge in deciding the case number 142 / Pdt.G / 2013 / PA CRP and case number 542 / Pdt.G / 2013 / PA CRP is weak because it does not correspond to the reasons for the permissibility of polygamy in the legislation
EFEKTIVITAS MEDIASI DALAM PENCEGAHAN PERCERAIAN DI PENGADILAN AGAMA KELAS 1A KOTA BENGKULU
No full textResearcher discusses the problems effectiveness of mediation in Class 1A Religious Court of Bengkulu. In the first study that has been conducted by researchers at the Class 1A Religious Court of Bengkulu City found information about the low success of the mediation conducted by a judge mediator and the sheer number divorce cases in Class 1A Religious Court of Bengkulu. Based on the description above, the formulation of the problem: How is the effectiveness of mediation in preventing divorce conducted by the Religious Court of Bengkulu City Class 1A. And the factors that become supporting and inhibiting the success of mediation in Class 1A Religious Court of Bengkulu City . In this thesis the author uses the method used in the study of this law is the juridical sociological. Results from this study is the author concluded that the mediation is conducted in the Religious Court of Bengkulu City Class 1A by following the reference of PERMA No.01 of 2008 has not been effective although there are successful but still very low, many factors are the cause of which is the level of compliance in the community through the process of mediation is still very low, culture of people who argue that divorce is not a disgrace to individuals and families and the quality of the judges appointed as a mediator is still uneven and there are only four (6) judges who have attended mediation training organized by the Supreme Court Republic of Indonesia
PENERAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR MENURUT HUKUM POSITIF DI INDONESIA (STUDI ANALISIS PENETAPAN PENGADILAN AGAMA BENGKULU NOMOR 0051/PDT.P/2016/PA.BN)
No full textHumans need to carry out marriage in order to legalize the relationship between the prospective husband or wife. Given the importance of marriage to human life, it is appropriate for marriage rules to be regulated in such a way that it can minimize the occurrence of problems in the field of marriage. One important thing to realize orderly in the field of marriage is the existence of legal certainty in the field of marriage, especially on marriage dispensation in prospective husband / future wife whose age has not been eligible by law. The law governing marriage is Law no. 1 of 1974 and the Compilation of Islamic Law. One of the issues discussed in the Act and KHI is the minimum age limit for marriage. Therefore it must be prevented the existence of underage marriage. The type of research used is qualitative research, which produces descriptive data in the form of words or oral from people and observed behavior. Based on the formulation of problems and research objectives, the approach method used is the sociological juridical approach. Means that this study could include research on legal principles, legal systematics, legal synchronization, legal history, and comparative law. While the sociological means this research consists of research on legal identification (not written) and research on the effectiveness of the law. Research location in Religious Court of Bengkulu City. The data used in this study consist of primary data and secondary data. 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. In this analysis, the authors conclude that the determination of the dispensation has been juridically appropriate. While the sociological reasons proposed by the applicant is not in an ideal position. This lack of ideals is due to the fact that the applicant does not have a plan to mature marriage, the status of the applicant who is still a student, and has not / does not have a job or income to support the family.
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 MENGENAI ANAK LUAR KAWIN PERSPEKTIF UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK DAN HUKUM ISLAM
No full textAfter the issuance of the decision of the Constitutional Court Number 46/PUU-VIII/2010, Article 43 of Law Number 1Year 1974 concerning Marriage which originally stated that the married child has only a civil relationship with his mother and his mother’s family, has blood relation including civil relationship with father his biological and his father’s family although there must be recognition or can be proven on the basis of science and technology and/or other evidence. The decision of the Constitutional Court can be seen from two sides, namely the protection of the rights of the married child, and the conformity of the understanding of the child outside of marriage according to Islamic law, because according to Islamic law the child outside marriage should not at all have a nasab relationship with his biological father. Based on the above background, this research reveals two issues, firstly how the legal power of the Constitutional Court decision regarding the outsider marriage perspective of Law Number 35 year 2014 on Child Protection. Second, what is the conformity between the Constitutional Court decision No. 46/PUU-VIII/2010 concerning the married child against the provision of an outsider from the perspective of Islamic law. This type of research is normative juridical research or library research which is then described descriptively. The results of this study conclude that the legal force of the Constitutional Court decision is binding (final and binding). Recognition of the rights of children outside marriage shall be exercised by all parties concerned, in accordance with Article 59 paragraph 2 letter o Law No. 35 of 2014 on Child Protection, that every child has the right to survival, growth and development and is entitled to protection from violence and discrimination, including special protection to children who are victims of stigmatization from labeling related to the condition of their parents. Meanwhile, if you look at the provisions in Islamic law, the decision of this Constitutional Court should be adjusted to the understanding of children outside marriage in Islamic law, because the Constitutional Court decision is a law made man, while Islamic law is a law that comes from Allah SWT. It is also important to revise Article 2 paragraph (2) on the provision of marriage registration as a legal marriage requirement to be only an administrative requirement. “Outer Child Marriage, Constitutional Court and Islamic Law”.
PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN PERSPEKTIF HUKUM ISLAM
No full textMediation is a process of problem-solving negotiations, where impartial parties work with disputants to seek mutual consent. Mediation is also known in Islamic law that equates mediation with islah or Al-Sulh, is a process of dispute resolution in which the parties agree to end their case peacefully. The provisions of mediation in the last Court are regulated in supreme Court Regulation number 1 of 2016. Regulation Court are one of the courts under the Supreme Court in accordance with the mandate of constitution, therefore it is obligatory to enforce the provisions of mediation set forth in the Supreme Court Regulation. In accordance with its authority in terms of solving a particular dispute for Muslims, it means that the Religious Court, besides deriving from the positive law of Indonesia, must also derive from Islamic law. Likewise with the provisions on the implementation of mediation in the Court, in addition to following the Supreme Court, in addition to following the Supreme Court Regulation number 1 year 2016, also follow the provisions of mediation set forth in Islamic Law. Based on the above background this research reveal issues, what is the view of Islamic law in mediation procedures in religious court