JURIH: Jurnal Ilmu Hukum 2023-11-21T02:29:42+00:00 Fachrodin Open Journal Systems <p><strong>JURIH:</strong> Scientific journal in the field of Law, Faculty of Syari'ah, Islamic Institute of Hasanuddin Pare which aims to contribute to the world of education, especially in the world of Law in the realm of Positive Law and Islamic Family Law. In addition, this journal also aims to minimize the practice of plagiarism that develops in the world of science. The journal is published twice a year, namely in January and August. Editors accept articles that meet scientific standards and book reviews that match the journal's theme. The editor has the right to edit without changing the content and intent of the writing. Editor's Address : Jalan Kelapa 84 Jombangan – Tertek Pare – Kediri, East Java, Tlp. (0354) 394721.</p> KONTRAK SOCIAL JOHN LOCKE ANTARA NEGARA DAN MASYARAKAT DALAM UU NO. 18 TAHUN 2019 TENTANG PESANTREN 2023-06-05T18:04:17+00:00 Arianto <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>For John Locke no one can have political power without the consent of the people. This means that essentially all people's activities will be determined by the people's approval. However, only free humans (not slaves) who agree to think and act in one sovereign government are referred to as civil society. It is this government that then has the duty to protect life, freedom, and people's property. The relationship between politics and law is very intimate, law is a statutory regulation which is actually the crystallization of political wills that interact and influence each other. Legal politics is defined as the official line of state policy to make and stipulate laws and regulations in order to achieve the goals and objectives of the state as contained in the preamble of the 1945 Constitution of the Republic of Indonesia, paragraph IV. One of the manifestations of the state's alignment is realizing the mandate of the constitution into regulations that are pro-people. Islamic boarding schools have an important role in various aspects of national life. 18 of 2019 are: State access and recognition of Islamic boarding schools, maintaining national commitment, recognition of Islamic boarding schools' academic traditions, maintaining the uniqueness of Islamic boarding schools, maintaining the independence of Islamic boarding schools. This research is a qualitative research with a juridical analysis approach. This objective aims to understand the direction of State policy and the State's alignment with Islamic boarding schools in terms of Jean Jacquess Rousseau's social contract which was passed in UU.No.18 of 2019.</em></p> <p style="text-align: justify;"><strong><em>Keywords: </em></strong><em>Social contract, state, </em><em>Islamic boarding school.</em></p> 2023-06-05T17:36:58+00:00 Copyright (c) 2023 Arianto DINAMIKA PEMILU SERENTAK 2024 2023-06-05T18:04:17+00:00 Raja Inal Dalimunthe <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>In 2024 will be a spectacular political year in the history of democracy in Indonesia. General elections will be held in February 2024 to elect a president and vice president, members of the People's Representative Council (DPR RI), the Regional Representatives Council (DPD RI), and the Provincial and city-district Regional People's Representative Councils (DPRD). Meanwhile, Pilkada will be held in November 2024 to elect the Governor and Deputy Governor, regents and deputy regents, as well as mayors and deputy mayors throughout Indonesia. The implementation of simultaneous regional elections in 2024 is regulated in Article 201 Paragraph (8) of Law Number 10 of 2016 which states that simultaneous national voting in the election of governors and deputy governors, regents and deputy regents, as well as mayors and deputy mayors throughout the Republic of Indonesia will be held in November 2024. The research method used is library research. The results of this study indicate that First, the idea of ​​simultaneous General Elections when viewed through the original intent method and the science of historical (historical) interpretation, then its position has a constitutional juridical basis as an effort to shift the era of democratic transition towards democratic consolidation which emphasizes efforts to minimize bad practices a direct democratic system that is transactional, corrupt, and has a tendency to institutionalize clan politics in the dynamics of the constitutional political system in Indonesia. Second, in the practical realm it is actually counter-productive and inconsistent with efforts to uphold the law, strengthen the presidential system and constitutional supremacy because conditional constitutionality as set forth in the Decision tends to impede the realization of consolidation of democracy in the momentum of the General Elections in 2024.</em></p> <p style="text-align: justify;"><strong><em>Keywords: </em></strong><em>Dynamic, </em><em>concurrent election</em><em> 0f 2024, Democracy.</em></p> 2023-06-05T00:00:00+00:00 Copyright (c) 2023 Raja Inal Dalimunthe KONSEP KAFA’AH MASYARAKAT SUMBERBENDO PERSPEKTIF MADZAB SYAFI’I 2023-06-05T18:04:17+00:00 Ulin Ismatin Nikmah Arianto <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>This study discusses the concept of kafa'ah from the Sumberbendo community's perspective and its relevance to Islamic law. In accordance with the theory that the author took from the agreement of the madzab scholars about the concept of kafa'ah, namely in terms of religion, wealth, lineage (descendants), profession or work, independence, and not being disabled. The formulation of the problem in this study is how the concept of kafa'ah is from the Sumberbendo community's perspective and its relevance to Islamic law. The purpose of this study is to describe the perspective of the concept of kafa'ah with life and harmony in the household in Sumberbendo Village and to explain the relevance of the concept of kafa'ah with household harmony to Islamic law. As for the results of the study, it was found that the concept of kafa’ah is harmony between husband and wife with the aim of reducing problems that arise. The majority of the people of Sumberbendo only one or two concepts. Although of kafa’ah as a whole, namely focusing on the criteria of religion and or wealth, the community is able to adapt to social differences between couples. And its relevance to islamic law is that although Islam has properly regulated the concept of kafa’ah or equivalence, in it is not fully guided by Islamic provisions. This study uses field research with collection, interview sessions, and documentation. The method uses is a qualitative descriptive method thah describes systematically, actual, and accurately the carefully on documents with the aim of being able to assist in strengthening the analysis.</em></p> <p style="text-align: justify;"><strong><em>Keywords</em></strong><em> : </em><em>kafa'ah, relevance, husband and wife</em></p> 2023-06-05T17:53:27+00:00 Copyright (c) 2023 Ulin Ismatin Nikmah, Arianto SINKRONISASI PERMENDAGRI DAN UNDANG-UNDANG PERKAWINAN TERHADAP PENERBITAN KARTU KELUARGA BAGI PASANGAN NIKAH SIRI 2023-11-21T02:29:42+00:00 M. Adib Hamzawi Hana Miftakhur Rochmah <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>This study aims to reveal how the procedure for family cards underhand marriage according to the Minister of Home Affairs Regulation and how to synchronize between the Permendagri regulations and the Marriage Law. This research uses library research methods or library research with a normative juridical approach. The results of the study concluded that the process and procedures for couples who marry under the hand/siri according to the Regulation of the Minister of Home Affairs Based on Article 34 of Presidential Regulation No. 96 of 2018 concerning Requirements and Procedures for Registration of Occupation and Civil Registration, then you can attach a Letter of Absolute Responsibility (STJM) for the correctness of data known by 2 (two) witnesses, it can be made by the community based on two reasons, namely, not having birth certificate and or do not have a marriage book/quotation of marriage certificate or other valid evidence, but the relationship status on the Family Card shows that they are husband and wife. Law Number 1 of 1974 concerning Marriage Article 2 paragraph 2 and Regulation of the Minister of Home Affairs Number 108 of 2019 concerning Blank Family Cards, Registers and Citations of Civil Registration Deeds have conflicts of norms between vertical level regulations. Thus, in order to provide legal certainty to the public, Minister of Home Affairs Regulation Number 108 of 2019 concerning Blank Family Cards, Registers and Citations of Civil Registration Deeds must be subject to a judicial review or find an alternative way by considering matters so that no party feel disadvantaged by the existence of these regulations and do not affect other administrative terms and conditions.</em></p> <p style="text-align: justify;"><strong><em>Key</em></strong><strong><em>w</em></strong><strong><em>ords</em></strong><em> : </em><em>Synchronization, Laws and Regulations, Issuance of Family Card</em><em>.</em></p> 2023-06-05T00:00:00+00:00 Copyright (c) 2023 M. Adib Hamzawi, Hana Miftakhur Rochmah PERANAN HUKUM DALAM EKONOMI PASAR 2023-06-05T18:04:18+00:00 fachrodin <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>Core from market economics is the happening of decision decentralization go together “what”, “how many”, and “way of” production process. Every individual given by a freedom to take the decision. This matter also mean that in mechanism of market economics of there are quite a lot independent individual is good the than producer side and also from consumer side. Market economics for some of circle trusted can bring the economics up at more of efesien, whereabout existing resource in economics can be exploited in more optimal, as well as is not needed by the existence of planning and observation from party manapun. internal issue formula this study: 1) How market economics of Indonesia walk matching with expected 2) How market economics with the existing economic law institute?. Pursuant to solution result, hence earn inferential that: 1) So that earning market economics of Indonesia walk matching with expected, that is can make the Indonesia economics become more efesien, very determined by support from strong economic law institute. Without existence of support from difficult strong economic law institute for market economics earn the bejalan well 2) Market economics with the institute of economic law represent one inherent union, though sometimes growth of institute of economic law is always left behind from market economics growth. But institute of economic law ought to earn always keep abreast of the market economics.</em></p> <p style="text-align: justify;"><strong><em>Keywords: </em></strong><em>Role Punish, Market Economics</em></p> 2023-06-05T17:58:03+00:00 Copyright (c) 2023 fachrodin KHITBAH DALAM TRADISI MASYARAKAT DESA BADAS KECAMATAN BADAS KABUPATEN KEDIRI PERSPEKTIF HUKUM ISLAM 2023-06-05T18:04:18+00:00 Alida Nur Aini Fachrodin <p style="text-align: justify;"><strong><em>ABSTRACT</em></strong></p> <p style="text-align: justify;"><em>This study discusses the marriage proposal Tradition in society according to the Perspective of Islamic Law. In accordance with the theory taken by the author from the agreement of the scholars', al-Qur'an, hadith regarding the tradition of exchanging rings which is carried out during the sermon event. The formulation of the problem in this research is How is the khitbah tradition in the Badas community, Badas District?, and What is the perspective of Islamic law regarding the sermon tradition in the community in Badas village, Badas District?. This type of research is case study research. Data collection techniques that the authors use are interviews as well as observation and documentation. The results of the study show that the Badas village community in carrying out the application has the same process as most other traditional customs such as in Islam, usually carrying out several stages including observing to find out the seeds, bebet and weight of the prospective bride and groom, then the introduction stage, after getting to know each other then an event is held application between the two parties by bringing several gifts such as a set of bridesmaids, makeup and skincare tools, toiletries, clothes, jewelry, traditional foods and fruits, several types of cakes or snacks, as well as some money which will later be used to help with expenses future marriage. The sermon tradition in the Badas Village community is not yet in accordance with the guidelines prescribed by Islam. Because they think that exchanging rings is a bond between the groom and the bride. In this tradition there are also some who wear gold rings for their male candidates even though it has been explained that it is forbidden for men to wear gold jewelry. The Badas people think that when they are already in an engagement bond they have certain rights towards their partner so that they get recognition in the community.</em></p> <p style="text-align: justify;"><strong><em>Key</em></strong><strong><em>w</em></strong><strong><em>ords</em></strong><em> : </em><em>Tradi</em><em>tion</em><em>, </em><em>marriage proposal</em><em>, </em><em>Islamic Law</em></p> 2023-06-05T18:01:51+00:00 Copyright (c) 2023 Alida Nur Aini, Fachrodin