JURIH: Scientific journal in the field of Law and syari'ah law, 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.
Please read Copyright Notice for JURIH: Jurnal Ilmu Hukum
ESKALASI KONFLIK KELUARGA POLIGAMI DALAM DINAMIKA KETAHANAN KELUARGA: PAPARAN VISIONER REGULASI POLIGAMI BERDASARKAN PERGUB POLIGAMI ASN JAKARTA NOMOR 2 TAHUN 2025 TENTANG TATA CARA PEMBERIAN IZIN PERKAWINAN DAN PERCERAIAN
DKI Jakarta Governor Regulation Number 2 of 2025 concerning Procedures for Issuing Marriage and Divorce Licenses has sparked controversy in society, particularly in the context of the political policies of the State Civil Apparatus (ASN). Although the purpose of this regulation is to provide legal guidance and regulate the practice of polygamy to be more controlled, it has still received criticism for not addressing the interests of women and children. Therefore, the purpose of this study is to analyze Governor Regulation Number 2 of 2025 concerning Procedures for Issuing Marriage and Divorce Licenses from the perspective of legal certainty to determine whether this regulation is in accordance with applicable legal principles. This study uses a normative juridical method with a descriptive analytical approach. A literature review was conducted to examine relevant laws and regulations, legal doctrine, and legal frameworks. Furthermore, a comparative study of regulations was conducted to understand the policy's implications for individual rights and legal compliance. The study findings indicate that while this law is intended to provide clearer legal guidance to Civil Servants (ASN), its implementation has the potential to increase tensions in marital relationships. Existing requirements do not guarantee fairness for wives and children, nor do they create room for discretion. Therefore, a review of this law is necessary to strengthen the protection of women's and children's rights and to utilize the law more comprehensively.
Copyright (c) 2025 NINA AGUS HARIATI https://creativecommons.org/licenses/by-nc/4.0
IMPLEMENTASI PERMA NO 3 TAHUN 2022 TENTANG MEDIASI ELEKTRONIK TERHADAP PERKARA PERCERAIAN
Rapid advancements in information technology, especially with the issuance of Supreme Court Regulation (PERMA) Number 3 of 2022 concerning Electronic Mediation, have enabled mediation processes to be conducted online. This electronic mediation is expected to reduce case backlogs, accelerate dispute resolution, and provide easier access to justice for parties facing geographical constraints. However, the implementation of electronic mediation still faces various challenges, making it an interesting subject for further research, particularly in the context of divorce cases at the Religious Court of Kediri Regency. This study employs a field research approach with an empirical juridical perspective and a descriptive qualitative method. Primary data were obtained through in-depth interviews with mediators, the Head of the Planning, IT, and Reporting Sub-division, and staff at the Religious Court of Kediri Regency. Secondary data were gathered from literature, official documents, legal regulations (especially PERMA No. 3 of 2022 and PERMA No. 1 of 2016), scientific journals, and previous research findings. The research findings indicate that the implementation of electronic mediation at the Religious Court of Kediri Regency has proceeded in accordance with PERMA No. 3 of 2022, despite encountering several obstacles. Supporting factors include adequate facilities (mediation rooms, laptops, Zoom application, stable Wi-Fi), handling by professional staff and mediators, and effective communication between the parties. However, the main inhibiting factors are unstable internet connectivity at the parties' locations and a lack of feel to feel or emotional closeness between the mediator and the parties in online mediation. The benchmarks for successful mediation are not solely based on total reconciliation but also on partial agreements, such as agreements on child custody or alimony, which help resolve derivative issues of divorce peacefully.
Copyright (c) 2025 Wafik Hajija Lonthor, Arianto https://creativecommons.org/licenses/by-nc/4.0
MENANAMKAN KESADARAN, MENGHORMATI SIMBOL-SIMBOL NEGARA DAN MENGHARGAI LEMBAGA-LEMBAGA NEGARA
Konstitusi sebagai hukum dasar negara memiliki peran fundamental dalam mengatur kehidupan berbangsa dan bernegara. Penelitian ini bertujuan menganalisis hakikat konstitusi, pengaruh amandemen UUD 1945, dan upaya penanaman kesadaran berkonstitusi masyarakat melalui penghormatan terhadap simbol-simbol negara serta penghargaan terhadap lembaga-lembaga negara. Menggunakan metode penelitian kualitatif dengan pendekatan studi pustaka, analisis dilakukan terhadap jurnal ilmiah, buku, dan artikel akademik terkait. Hasil penelitian menunjukkan bahwa konstitusi Indonesia bersandar pada Pancasila sebagai norma fundamental. Amandemen UUD 1945 membawa perubahan mendasar dengan memperkuat prinsip checks and balances dan kedaulatan rakyat. Namun, kesadaran berkonstitusi masyarakat masih rendah, sehingga diperlukan pendidikan kewarganegaraan yang praktis, sosialisasi berkelanjutan, dan pembiasaan dalam menerapkan nilai-nilai konstitusional dalam kehidupan sehari-hari untuk memperkuat jati diri bangsa.
konstitusi, amandemen UUD 1945, kesadaran berkonstitusi, simbol negara, lembaga negara.
Copyright (c) 2025 Agus Rustamana, Azkiya Nafisah, Simon Silitonga, Salshabillah Saepudin, Ahmad Falah https://creativecommons.org/licenses/by-nc/4.0
KONDISI DARURAT PERSPEKTIF HAKIM DALAM MENGABULKAN DISPENSASI NIKAH ( Studi Kasus di Pengadilan Agama Kabupaten Kediri)
This research aims to examine the construction of judges’ considerations in assessing urgent reasons in marriage dispensation cases at the Religious Court of Kediri Regency. Marriage dispensation is granted to underage couples who do not meet the legal age requirement, based on certain urgent grounds. The study uses a qualitative-descriptive method with a case study approach. Data were obtained through interviews, documentation, and literature review. The findings reveal that judges consider several aspects, including legal, psychological, socio-cultural factors, and the principle of the best interests of the child. The most common urgent reason is premarital pregnancy. However, the absence of a concrete definition of “urgent reason” in Supreme Court Regulation (PERMA) Number 5 of 2019 leads to subjective interpretations and potential inconsistencies in court decisions. Therefore, clearer guidelines are needed to ensure that marriage dispensation rulings genuinely prioritize child protection
Copyright (c) 2025 Daimul Hidayah, Moh. Fahimul Ulum https://creativecommons.org/licenses/by-nc/4.0
MONEY POLITIC DALAM PEMILU LEGISLATIF TAHUN 2024 PERSPEKTIF HUKUM ISLAM STUDI KASUS DI DESA TULUNGREJO KECAMATAN PARE KABUPATEN KEDIRI
Money politics is an effort to gain support and votes by giving money, goods, or promises of office to voters during elections. This practice of money politics is prohibited by Law No. 7 of 2017 and in Islamic law, it is absolutely forbidden because it is similar to bribery. This research attempted to examine in more depth the factors causing the involvement of Tulungrejo village residents in money politics and how the law on money politics carried out by the Tulungrejo community is based on the perspective of Islamic law. This study uses a qualitative approach (field research), namely by obtaining primary data sources from several campaign teams and recipients of money involved in money politics in Tulungrejo Village, Pare District, Kediri Regency and secondary data from several literature studies on money politics, then data collection is carried out using methods in the form of interviews, observations, and documentation. The results of the research conducted, the author concluded several factors that cause the people of Tulungrejo Village to be involved in money politics, including the pragmatic mindset of the community, economic factors, educational factors, environmental factors, and legal factors. Money politics, according to the majority of scholars, is haram. The existence of rules is permitted because there is a specialization. And this specialization applies to someone who is in a state of emergency. The conditions for emergency are that the emergency has already occurred, not future, is the only way ordered by sharia, is carried out according to the level of not excessive, in a state of emergency it is obligatory to avoid something that causes more negativity, it is not permissible to immediately carry out actions that are not included in rukhsoh. Referring to the several factors above, the practice of money politics that occurs in Tulungrejo Village is included in the category of forbidden.
Copyright (c) 2025 Adinda Nurul Habibah, Awal Mukmin https://creativecommons.org/licenses/by-nc/4.0
HAK ASASI MANUSIA (HAM) DI INDONESIA: SEJARAH, PERKEMBANGAN DAN PENEGAKAN
Hak asasi manusia adalah hak dasar yang melekat pada individu sejak lahir, bersifat universal, dan tidak dapat dicabut. Artikel ini mengkaji jejak sejarah, perkembangan, dan penegakan hak asasi manusia di Indonesia menggunakan metode penelitian perpustakaan kualitatif. Data dikumpulkan dari buku, artikel jurnal, dokumen resmi, dan peraturan perundang-undangan Indonesia. Studi ini menunjukkan bahwa perlindungan hak asasi manusia di Indonesia telah berkembang melalui beberapa tahap: perjuangan pra-kemerdekaan, Orde Lama, Orde Baru, dan Era Reformasi. Era Reformasi menandai kemajuan signifikan dengan amandemen konstitusi, pengesahan Undang-Undang No. 39/1999 tentang Hak Asasi Manusia, dan Undang-Undang No. 26/2000 tentang Pengadilan Hak Asasi Manusia. Meskipun ada kemajuan ini, implementasi tetap menjadi masalah karena pelanggaran hak asasi manusia yang parah belum terselesaikan, penegakan hukum yang lemah, dan kesadaran publik yang terbatas. Lembaga-lembaga seperti Komnas HAM, Komnas Perempuan, KPAI, dan LPSK memainkan peran penting, namun efektivitasnya sangat bergantung pada kemauan politik dan partisipasi sosial. Penelitian ini menyimpulkan bahwa Indonesia telah mencapai kemajuan normatif yang signifikan, namun penegakan hukum yang sebenarnya masih memerlukan komitmen pemerintah yang lebih kuat dan partisipasi aktif masyarakat.
Hak asasi manusia, Indonesia, Era reformasi, Penegakan hukum, Lembaga
Copyright (c) 2025 Agus Rustaman, Siti Giyanah, Afrinnisa Herawati Simbolon, Muhammad Rizki, Muhammad Habbibun Nizar https://creativecommons.org/licenses/by-nc/4.0
Akad AKAD JUAL BELI DI ERA MODERN PERSPEKTIF KAIDAH FIKH ( المعروف بين التجار كالمشروط بينهم
Penelitian ini membahas praktik akad jual beli di era modern dalam perspektif kaidah fikih المعروف بين التجار كالمشروط بينهم (kebiasaan di kalangan pedagang dianggap sebagai syarat yang disepakati). Di tengah perkembangan ekonomi dan perdagangan modern, berbagai bentuk transaksi dan mekanisme jual beli mengalami transformasi signifikan yang tidak selalu disebutkan secara eksplisit dalam akad. Penelitian ini bertujuan untuk mengkaji relevansi dan penerapan kaidah tersebut terhadap praktik jual beli kontemporer yang mengandalkan kesepahaman umum dan kebiasaan pelaku pasar. Dengan menggunakan pendekatan kualitatif normatif dan analisis terhadap literatur fikih klasik dan kontemporer, ditemukan bahwa kaidah ini memiliki posisi penting dalam memberikan legitimasi terhadap berbagai bentuk praktik bisnis yang tidak tercantum dalam akad tertulis, namun telah menjadi kebiasaan yang dikenal luas. Kaidah ini membantu menjembatani antara nash syar’i dengan realitas sosial ekonomi yang terus berkembang, sekaligus menjaga prinsip keadilan dan saling ridha dalam transaksi. Dengan demikian, pemahaman terhadap kaidah ini menjadi krusial bagi pelaku usaha muslim dalam menerapkan prinsip-prinsip syariah secara kontekstual dalam praktik jual beli modern.
IMPLIKASI HUKUM ATAS PELANGGARAN HAK CIPTA TERHADAP KONTEN CREATOR DI SOSIAL MEDIA
The digital era has given rise to a new profession: content creators, who utilize social media as a primary platform for their work. However, the ease of access and dissemination of information on social media also opens wide opportunities for copyright infringement. This study aims to examine in-depth the legal implications arising from copyright infringement of content creators' works on social media, as well as to analyze the effectiveness of existing legal protections. The research methods used were literature review and analysis of legislation, specifically Law Number 28 of 2014 concerning Copyright. The results indicate that copyright infringement of content creators is subject to criminal and civil penalties. However, law enforcement is often hampered by several factors, such as the difficulty of providing evidence, cross-border jurisdiction, and low public legal awareness. This study recommends the need for extensive legal education for the public and content creators, as well as optimizing the role of social media platforms in protecting their users' copyright. This will enable the creative industry ecosystem on social media to grow healthily and sustainably.
Copyright (c) 2025 Danang Permadi, Hisam Asngari
PENGARUH PERCERAIAN TERHADAP TUMBUH KEMBANG ANAK DALAM KELUARGA (Studi Kasus Di Desa Tertek Dusun Jombangan Kecamatan Pare)
This study discusses the Influence of Divorce on Child Development in Families that occurred in Tertek Hamlet, Jombangan Village, Pare District. The purpose of this study was to determine the influence of divorce on child development and how to overcome these impacts. With the aim of determining the various Influences of Divorce on Child Development in Families in Tertek Village, Jombangan Hamlet. The type of research used in this study is Field Research, which is an event of data in the field. The results of this study are: first, Divorce can have a significant impact on child development. Children who experience parental divorce tend to experience stress, confusion, and emotional changes that can affect their mental and social well-being. In addition, divorce can also affect the relationship between children and their parents, damage family stability, and affect children's daily lives in terms of the security, attention, and support they receive. Second, the methods used by parents to help children overcome the impact of divorce are by providing emotional support, open communication, and maintaining children's mental health. Emotional support from parents can help children feel heard, understood, and loved in the difficult situation of divorce. Open communication between parents and children is also important to allow children to express their feelings, understand the situation better, and feel more connected to their parents. In addition, maintaining children's mental health by paying attention to their psychological and emotional needs can help children cope with the psychological impact of divorce.
Copyright (c) 2025 Debi Defura, Awal Mukmin
Kajian Kitab Al-Ta’yin Fi Syarh Al-Arba’in Karya Al-Thufi (Kesetaraan Gender Pandangan Najm al-Dīn al-Ṭūfī)
Artikel ini membahas pemikiran hukum Islam Najm al-Dīn al-Ṭūfī sebagaimana termaktub dalam karyanya al-Ta’yin fi Sharh al-Arba’in, dengan fokus pada konsep maslahah mursalah sebagai dasar pembentukan hukum. Al-Ṭūfī secara tegas menyatakan bahwa kemaslahatan dapat dijadikan sumber hukum yang berdiri sendiri dan bahkan lebih diutamakan daripada nash dalam perkara sosial dan muamalah. Pandangan ini didasarkan pada syarah terhadap hadis “lā ḍarar wa lā ḍirār” yang menurut al-Ṭūfī merepresentasikan prinsip utama syariat dalam mewujudkan keadilan dan kemanusiaan. Melalui pendekatan ini, al-Ṭūfī memberikan kontribusi terhadap reformulasi hukum Islam yang lebih kontekstual, rasional, dan responsif terhadap kebutuhan zaman. Artikel ini juga menganalisis relevansi pemikiran al-Ṭūfī terhadap isu kesetaraan gender dalam hukum Islam, serta bagaimana konsep maslahat dapat dijadikan landasan ijtihad untuk menciptakan keadilan relasional antara laki-laki dan perempuan. metode kualitatif-normatif dan pendekatan tekstual terhadap karya al-Ṭūfī, penelitian ini menunjukkan bahwa pemikiran maslahat al-Ṭūfī tetap berakar pada maqāṣid al-syarīʿah dan memiliki relevansi praksis dalam wacana hukum Islam kontemporer. Kata kunci: Maqāṣid al-Syarīʿah, Hukum Islam Kontemporer, Keadilan Gender
Copyright (c) 2025 Ummi Halimatus Sa'diyah Kusnah Fiantika
PERCERAIAN DIGITAL: PERAN MEDIA SOSIAL DALAM RETAKNYA RUMAH TANGGA DI ERA TEKNOLOGI
This article examines the increasing phenomenon of digital divorce due to the unwise use of social media. Initially designed to strengthen social relationships, social media has now become a frequent trigger for marital conflict. This research uses a descriptive qualitative approach with literature review and in-depth interviews. The results indicate that online infidelity, digital jealousy, communication breakdowns, and privacy violations are significant factors in marital breakdown in the digital age. This discussion provides recommendations for improving digital literacy and communication between couples to prevent divorce due to social media. Furthermore, this article highlights the important role of family counseling institutions and digital-based premarital education as a form of social mitigation.
PENGELOLAAN HUTANG DALAM KONDISI PAILIT: KAJIAN FIQH ISLAM TERHADAP HAK DAN KEWAJIBAN PENGUSAHA
This study examines debt management in bankruptcy conditions based on Islamic jurisprudence (fiqh), focusing on the rights and obligations of entrepreneurs. In Islam, debt is not only a financial obligation but also a moral responsibility that must be fulfilled fairly and humanely. Principles such as justice, transparency, and compassion form the foundation for resolving debts. The findings show that Islam provides flexibility in bankruptcy situations, including debt restructuring or partial forgiveness for debtors unable to meet their obligations. Islamic financial instruments like zakat and qardhul hasan, as well as fintech solutions, offer innovative approaches to debt management in modern contexts. This study emphasizes the importance of applying maqashid syariah in debt management to protect creditors' rights while considering the debtor’s condition. It provides practical insights for entrepreneurs, creditors, and financial institutions to establish a more just and sustainable economic system aligned with Islamic principles.
PANDANGAN FIKIH TERHADAP TRADISI NGEJOT DAN MEGIBUNG UMAT MUSLIM DAN HINDU DI BALI
This paper aims to examine the interaction of tolerance between Muslims and Hindus in Bali through the Ngejot and Megibung traditions with a fiqh perspective. This tradition can be found in Muslim villages in Bali. Such as the Kepaon Islamic village, Denpasar City, Gelgel Islamic Village, Klungkung Regency, Saren Jawa Islamic Village, Karangasem Regency and other Muslim villages. For some Muslims, there are still those who reject this tradition carried out by Muslims. Because these two traditions are traditions of the Hindu community in Bali. The method and type of this research is library research by collecting books, journals, and research results that support the research theme, namely literature on the Ngejot tradition, Megibung and other practices of tolerance interaction in Bali which are then studied with Islamic law (fiqh). In fiqh literature, the tradition termed as ‘ada is divided into two kinds. First, the fasid tradition, which is a tradition that is inconsistent with and contrary to the provisions of Islamic law. Second, authentic traditions, namely traditions that are in harmony and do not conflict with the provisions of Islamic law. The Ngejot and Megibung traditions in the view of fiqh are authentic traditions.
Tradition, Tolerance, Muslim and Hindu, Ngejot and Megibung, Bali
METODOLOGI PEMIKIRAN HUKUM AL-SHA’RANI DAN KONTRIBUSINYA DALAM MENJAGA KERUKUNAN UMAT ISLAM
This study aims to explain and describe the legal thinking of al-Sha'rani in terms of maintaining harmony in the Muslim community. Abdul Wahhab al-Sha'rani (d.1565 AD) was one of the scholars from Egypt who was affiliated with the Shafi'i school of thought. He is known for his thoughts in the fields of fiqh and Sufism. Imam al-Sha'rani's thoughts appear to be inclusive, namely trying to harmonize various perspectives on Islamic law without leaving the depth of spirituality that is the hallmark of Sufism. His works discuss the importance of implementing sharia law within a deep spiritual framework. Al-Sha'rani combines aspects of fiqh law and the esoteric dimensions of Sufism in a balanced framework of thought. The results of the study, al-Sha'rani's methodology of thought is inclusive and reconciliatory, where he tries to balance between sharia and nature, between worldly and hereafter needs, and between aspects of external law and inner spirituality. In detail, al-Sya'rani's methodology of thought is classified into four main ideas. First, the division of various legal fatwas into two large poles, namely 'azimah and rukhsah or tasydid and takhfif which must be taken by Muslims according to their individual situations. This illustrates the flexibility in the application of sharia according to the conditions of each individual. Second, acceptance of all schools of thought and their variations in law. All views from various schools of thought are correct and valid as long as they are based on the text. No opinion is more correct than another, but the differences are only based on the social needs and physical conditions of the individual. This concept is important to prevent division among Muslims. Differences of opinion among scholars are a blessing and not a problem. The use of the metaphor of a large tree where each branch is an opinion of a scholar rooted in sharia aims to unite various views of fiqh in order to create harmony. Third, the integration of the physical dimension (sharia which is carried out outwardly based on fiqh) and the inner (the essence contained in the inner spirituality based on Sufism) in religion.
Metodologi, Pemikiran Hukum, al-Sha’rani, Kerukunan Umat Islam
HAK DAN KEWAJIBAN KONSUMEN DALAM ASURANSI PERSPEKTIF UNDANG-UNDANG PERLINDUNGAN KONSUMEN
Insurance is a form of agreement that provides financial protection to consumers against various risks that have been agreed upon in the policy. In the legal context in Indonesia, the relationship between consumers and insurance companies is regulated by the Consumer Protection Law (UUPK) which aims to provide legal protection, justice, and a balance of rights and obligations between the two parties. This article aims to analyze the rights and obligations of consumers in insurance agreements based on the UUPK, with a focus on potential violations that occur and legal protection efforts that can be made. This study uses a normative juridical method with a statutory approach and conceptual analysis. The data sources used are secondary data, in the form of literature reviews, legal documents, court decisions, and related regulations. The UUPK explains that consumers have the right to comfort, security, and safety in using products or services, including insurance. Consumers also have the right to obtain correct, clear, and honest information regarding the benefits, risks, and provisions of the insurance policy. On the other hand, consumers are obliged to pay premiums according to the agreement, provide accurate information regarding the object or subject of insurance, and comply with the provisions stated in the policy. However, the results of the analysis indicate that there are problems that often occur in insurance practices. Violations of consumer rights generally include a lack of transparency of information from insurance companies, unilateral rejection of claims that are not in accordance with the agreement, and the preparation of standard clauses that are detrimental to consumers. On the other hand, consumer non-compliance with obligations, such as negligence in paying premiums or hiding information, are also factors that trigger disputes. This article emphasizes the importance of the government's role in conducting stricter supervision of insurance practices to ensure compliance with the UUPK. Intensive education for the public regarding consumer rights and obligations is also very necessary to increase legal awareness and prevent conflicts. In addition, strict law enforcement through judicial institutions or the Consumer Dispute Resolution Agency (BPSK) must be implemented to provide maximum protection to consumers and create a transparent, fair, and responsible insurance industry climate.
Konsumen, Asuransi, Undang-Undang Perlindungan Konsumen.
KEWAJIBAN ORANG TUA TERHADAP NAFKAH ANAK PASCA-BALIGH: TELAAH FIQH DAN RELEVANSINYA DI ERA MODERN
This study examines parental obligations to provide financial support for children post-puberty from the perspective of Islamic jurisprudence (fiqh) and its relevance in the modern era. Using a descriptive-analytical approach based on literature review, the study analyzes Quranic verses, prophetic traditions, and interpretations from various Islamic schools of thought. The findings indicate that financial obligations do not automatically cease when a child reaches puberty, particularly if they are not yet financially independent. For example, the Shafi'i school considers the obligation valid until the child becomes mature and self-reliant, while the Hanafi school generally limits it to the age of puberty. In the modern context, socio-economic challenges such as extended education and delayed financial independence make post-puberty financial support highly relevant. The maqashid syariah framework, which emphasizes child welfare, strongly supports the flexibility of this obligation. Key challenges include low compliance levels, particularly among divorced parents, necessitating stronger policies and public awareness efforts. The study concludes that integrating legal, moral, and educational approaches can effectively support post-puberty financial obligations while fostering harmonious and empowered Muslim families in the modern era.
Nafkah anak, usia baligh, fiqh Islam, maqashid syariah, relevansi modern.
PERALIHAN WALI NASAB KEPADA WALI HAKIM DALAM PERNIKAHAN PERSPEKTIF HUKUM ISLAM (Studi di Kantor Urusan Agama Kecamatan Pare Kabupaten Kediri)
Article 19 of the Compilation of Islamic Law (KHI) indeed emphasizes that a marriage guardian is one of the pillars in the implementation of a marriage contract. In marriage, the existence of a guardian is a requirement that must be met so that the marriage is considered valid according to Islamic law and also the positive law in force in Indonesia. In Islamic law, a woman is not allowed to marry herself, so the existence of a guardian is one of the pillars of marriage that must be met so that the marriage is valid. The guardian has an important role in marrying the bride, representing the family, and ensuring that the marriage is in accordance with sharia. Marriage guardians are divided into two types, namely lineage guardians and judge guardians. This study uses a field research method by collecting data through observation and interviews at the KUA, Pare District. The approach used is normative juridical, which refers to applicable legal norms, with qualitative analysis using the inductive method to draw conclusions from the data collected. The results of this study conclude that the transfer of lineage guardians to judge guardians in marriages at the Pare KUA in 2020-2024 was caused by several main factors, namely guardians of different religions (the parents of the prospective bride are not Muslim), mafqud guardians (whereabouts unknown), running out of lineage guardians, and adhal guardians (guardians who refuse or are rebellious). From an Islamic law perspective, the implementation of marriages with judge guardians at the Pare KUA during this period was declared valid, because it was in accordance with the principles of Islamic law and complied with the Regulation of the Minister of Religion Number 20 of 2019 Article 13, which stipulates that in the absence of lineage guardians, the marriage contract can be carried out with a judge guardian.
Peralihan, Wali nasab, Wali hakim, Hukum Islam
Copyright (c) 2024 Nurjani Mutiara Pattiasina, ARIANTO
IMPLEMENTASI KODE ETIK MAHASISWA TERHADAP KEGIATAN BELAJAR PERSPEKTIF HUKUM ISLAM DI IAI HASANUDDIN PARE
The student code of ethics plays an important role in maintaining student integrity and behavior in the academic process. At IAI Hasanuddin Pare, the student code of ethics is designed to support the creation of a conducive learning environment and motivate students to behave in accordance with academic norms. This article discusses the implementation of this code of ethics in teaching and learning activities at IAI Hasanuddin Pare, starting from applicable regulations, implementation in the field, to its impact on academic quality and student character development. Through a qualitative method with a case study approach, this research provides an overview of how the student code of ethics is practiced and integrated in the learning process. This research aims to analyze the implementation of the student code of ethics towards learning activities at the Hasanuddin Pare Islamic Institute (IAI). The student code of ethics is a behavioral guide that is expected to shape students' attitudes and morals in daily academic activities. This study uses a qualitative approach with a case study method, collecting data through interviews, observation and document analysis. The research results show that the student code of ethics at IAI Hasanuddin Pare is applied consistently in teaching and learning activities, although several challenges are still found, such as a lack of understanding by some students regarding the importance of the code of ethics and a lack of strict sanctions for violations. Apart from that, the implementation of the code of ethics has a positive impact on improving the quality of learning. Students who comply with a code of ethics tend to show higher discipline, responsibility and motivation in learning. As a result, the learning environment becomes more conducive and encourages the development of student character, such as honesty, work ethics and respect for others. However, there are some views that the application of the code of ethics is sometimes considered too strict by students, especially regarding the use of technology in class. The conclusion of this research is that although there are still obstacles in implementing the student code of ethics at IAI Hasanuddin Pare, the positive impact on students' learning activities and character development is very significant. The campus is advised to continue to increase students' understanding of the importance of a code of ethics and strengthen rule enforcement mechanisms to make them more effective.
HUBUNGAN DEBITUR DENGAN KERIDITUR MELAKUKAN UTANG-PIUTANG DENGAN JAMINAN HAK MILIK ORANG LAIN
In the reality of implementing credit agreements, it is often found that debtors use collateral in the name of the right holder, not themselves, in this case often referred to as a third party. The involvement of a third party in this credit agreement can be interpreted as meaning that the third party can cover the repayment of the credit by the Debtor, as explained in Article 1820 of the Civil Code which explains that guarantee is an agreement in which a third party, for the benefit of the debtor, binds himself to fulfill the obligation of the debtor. when this person himself does not fulfill it. It would be different if in practice the creditor claimed to be the person who plays a role in collecting funds from the public. By providing a form of loan that is based only on a written agreement. So even if in practice it continues like that, there will be a lot of losses, namely from the customer's side. Or even in the case of debts, creditors provide loans to debtors with large interest, which is paid weekly, not monthly, based on the loan amount given. So this violates Law No. 7 of 1992 concerning banking. If a creditor commits an act of default, there are several legal steps that can be taken, including making and sending a summons. A summons is a warning or warning given by the debtor to the creditor to immediately pay off the debt. Then, if the summons or warning is not implemented by the creditor, the debtor can take other legal action, namely filing a lawsuit for default at the District Court. Then, generally one of the legal steps that can be taken if a party is in default is to report the debtor to the police on charges of committing a criminal act of embezzlement and fraud.
Copyright (c) 2024 Danang Permadi, Imam Mahmudi
DISPARITAS BATAS USIA PERKAWINAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DAN HUKUM ISLAM PERSPEKTIF TEORI MASHLAHAH AT THUFI
Many marriages are carried out when a person is not yet mature enough. Therefore, in Islamic law and Indonesian law, limiting the age of marriage is a provision that is ijtihad in nature. Apart from that, regulations related to the age limit for marriage continue to undergo changes, in the process of which there are disparities between these regulations. This research will discuss the age limit for marriage from the perspective of Islamic law and law in Indonesia. This type of research is literature/library research using a conceptual approach using the mashlahahnajmudin at Tufi theory. From this research, it was found that the marriage age limit for men and women is the same, namely 19 years. To determine the age of marriage, methodologically it is based on the mashlahah najmudi at tufi method so that it does not conflict with the text and there is no specific text that can be used as a reference for performing qiyas. The concept of mashlahah is used to resolve the problem of unclear marriage age limits. Maslahah explained that the benefits of a particular place can be used as an explanation for the age limit for marriage, even though there is no detailed explanation in the text of the Al-Qur'an. The benefit referred to is the age limit for marriage which has been stipulated in Islamic law.
Age limit for marriage, Islamic law, Indonesian law, mashalahah at Thufi
Keluarga Sakinah Menurut Pandangan Keluarga Penghafal Al Qur'an
Sakinah family is the dream of every family, by having a sakinah family it is hoped that the family will be happy both in this world and in the hereafter. To achieve this, one of the provisions needed is an understanding of religious knowledge, so that living your household life does not end in divorce. Family life for those who memorize the Qur'an in Kandat District, Kediri Regency have practiced how to live a sakinah family so that they can become an example for other families. Based on the reasons above the authors conducted this research. The purpose of this research is to find out the sakinah family in the view of families who memorize the Al-Qur'an in Village, Kandat District, Kediri Regency and how are the efforts of families who memorize the Al-Qur'an in Village, Kandat District, Kediri Regency to maintain a sakinah family life. The research conducted was field research using a qualitative approach, with data collection through interviews and direct field observations. Next, it explains descriptively the daily life of a family who memorizes the Al-Qur'an in Village, Kandat District, Kediri Regency based on the values ​​of the Al-Qur'an as a guide in living a sakinah mawaddah warahmah life. The results of this study indicate that a sakinah family according to a family who memorizes the Qur'an in Village, Kandat District, Kediri Regency is living a family's daily life based on the Qur'an, so that every time there is a problem it is always returned to Allah. In their daily routine, they always try to prioritize prayer in congregation and recite the Qur'an, and try to fulfill the rights and obligations between husband and wife.
Copyright (c) 2024 Mohammad Hendy Musthofa
PREMARITAL CHECK UP DI INDONESIA (Studi kasus di Kantor Urusan Agama Kecamatan Pare Kabupaten Kediri)
Currently, it is not only tetanus that we need to be aware of, but now many dangerous infectious diseases have emerged for which no cure has yet been found, such as HIV/AIDS which has claimed many lives. The medical world has made recommendations to prospective brides and grooms who want to get married to carry out a premarital health check-up first. Carrying out a health check before marriage is a form of prevention to maintain health, especially for its impact on offspring. The type of research used in this research is field research, namely research carried out directly on events and data in the field, in this case the author conducted research at the KUA and Pare District Health Center, Kediri Regency. This research includes empirical normative research, namely research conducted by examining the implementation or implementation of legal provisions which are conceptualized as norms or rules that apply in society and become a reference for everyone's behavior. Premarital check-ups or pre-marital health checks have actually been implemented through Tetanus Toxoid Immunization. Its implementation is carried out based on the Joint Instructions of the Director General of Islamic Community Guidance and Hajj Affairs, Department of Religion and Environmental Health, Department of Health No: 02 of 1989 concerning Tetanus Toxoid Immunization of Prospective Brides and as the basis for the implementation of Law No. 1 of 1974, as well as Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law
Copyright (c) 2024 Arianto, Muhammad Rifki Ghufron
TAKHARUJ; SOLUSI SYAR’I PEMBAGIAN WARIS SECARA DAMAI
Inheritance law is the law that regulates the transfer of inheritance rights (tirkah) of heirs, determining who has the right to be an heir. Inheritance is basically a sharia whose legal provisions are manshus (determined directly by al-Shari' in the Koran). However, the reality in Indonesian Muslim society in particular is that, for whatever reason, inheritance law is rarely used. The majority of Indonesian Muslim communities tend to divide inheritance assets equally between heirs. At this level, there needs to be a bridge between the provisions of the text and inheritance practices in society. Efforts are needed so that, even if only in writing, the tirkah as the deceased's inheritance is distributed according to the rules of Islamic law. According to the author, the concept of takharuj has the urgency to play a role as a bridge between the practical realm of dividing inheritance equally but still prioritizing the rules for dividing inheritance based on sharia. Takharuj is peace between the heirs with the condition that some of them are willing to give up their share of the inheritance in exchange for certain things from the inheritance or other things, by first dividing the tirkah into fardh (definite portion), then the share/quota of the person who leaves is thrown away. /discarded from the origin of the problem or aul in exchange for disposing of or reducing the takharuj portion of the tirkah.
Takharuj, Distribution of Inheritance, Peace
Copyright (c) 2023 Muhammad Adib Hamzawi
AKIBAT HUKUM PUTUSAN MAJLIS HAKIM YANG DITOLAK OLEH PEMOHON PERCERAIAN SEBELUM IKRAR TALAK (ANALISIS PUTUSAN : 3693/Pdt.G/2019 Di Pengadilan Agama Kabupaten Kediri)
This study aims to analyze the implementation of the pledge of divorce in religious court decisions regarding alimony madliyah, Iddah, Mut'ah. Divorce is a legal act that will certainly bring certain legal consequences. Divorce can occur because of a divorce from the husband or a divorce suit filed by the wife, the Court can oblige the former husband to provide livelihood costs and or determine an obligation to his former wife. The obligations of the former husband are in the form of madliyah maintenance, mut'ah maintenance, iddah maintenance (if the wife is not nusyus) and maintenance for children. The implementation of the pledge of divorce related to the obligation to provide maintenance for the former husband before the pledge of divorce is not regulated in the law, but in practice the judge always tries to make the former husband carry out his obligations, namely providing maintenance for the former wife before the pledge of divorce is read. This research is normative juridical research. The results showed that the implementation of the pledge of divorce related to nafkah which has permanent legal force, the judges of the Kediri Regency Religious Court always anticipate by requiring the former husband to provide madliyah, iddah, mut'ah to the former wife before the pronunciation of the pledge of divorce. In the practice of the pledge of divorce, the panel of judges provides room for agreement for husbands and wives even though the rules of the husband are obliged to a number of judicial decisions that have been imposed before the pledge of divorce.
Ex-husband; livelihood madliyah, iddah, mut'ah.
IMPLEMENTASI DONATION CROWD FUNDING DI INDONESIA
The rise in cases of misuse of crowdfunding donations by organizers is interesting for further study. This article aims to answer the question: what is the regulatory framework for crowdfunding donations and how is it implemented in Indonesia. This research is normative juridical research, in the sense that the research was carried out by examining the main legal materials for research, by exploring related regulations and literature, and analyzing using Friedman's Legal System Theory approach. The results of this research show that the regulatory framework for crowdfunding donations is spread across a number of regulations: Law Number 9 of 1961 concerning the Collection of Money or Goods, Foundation Law No. 28 of 2004, POJK Number 77/POJK/01/2016 concerning Technology-Based Money Lending and Borrowing Services Information on Government Regulation No. 29 of 1980 concerning the Implementation of Donation Collection. These regulations do not yet specifically regulate crowdfunding donations, the rights of the parties in crowdfunding donations. Meanwhile, the implementation of donation crowdfunding shows that, structurally, law enforcement officers for donation crowdfunding are still very limited, namely civil servants appointed by the Ministry of Social Affairs. This institution is very limited and its role is not yet visible in society. Culturally, there needs to be socialization regarding the working procedures for crowdfunding donations so that people's rights are protected, and regulatory wise it is necessary to revise Law no. 9 of 1961 concerning the Collection of Money and Goods, and harmonization of related regulations.
Copyright (c) 2023 Ilham Mashuri, Azza Kusuma Ningrum
REVITALISASI NILAI MITSAQAN GHALIDZA KELUARGA POLIGAMI DALAM PLURALISME HUKUM KELUARGA DI ERA DISRUPSI
Miṡaqan Ġaliẓa as the principle of marriage in Islam, which in the modern era of its sacredness is fading, disrupted or even unknown to each couple. So that many marriages are carried out according to Islamic law but the essence of the teachings is abandoned. As a result, the illegal polygamy rate continues to increase among Muslim families in Indonesia and one of the triggers for the illegal polygamy is due to 4.0 era . This type of research is descriptive-analytic that is describing the facts of illegal polygamy that are happening now (Era of disruption) among Muslim families in Indonesia, then analyzed why this phenomenon can occur in terms of the Miṡaqan Ġaliẓa perspective as the principle of marriage in Islam. The results of this study conclude that the high illegal polygamy rate because of infidelity on social media is due to several things. First, cultural shifts that are increasingly open; Second, decreasing the meaning and value of marriage and Third, lack of understanding of polygamy regulations religion.
Revitalization, Mitsaqan Ghalidza, Polygamy, Disruption era.
DILEMA KONSTITUSI SEBAGAI PELINDUNG HAM DAN HAK-HAK WARGA NEGARA DI INDONESIA
Power tends to corrupt. If there is no law that can limit this power, there will be abuse of authority and the arbitrariness of this power, if left unchecked, will give birth to authoritarian rulers. The Constitutional Court's decision regarding the age of the vice presidential candidate in the 2024 election gave the public a surprise. The Constitutional Court should be needed to limit the power of state leaders to prevent arbitrariness of power. This great desire to limit power that has the potential to have a central position is what makes the constitution the embodiment of the highest law that must be obeyed by the state and government officials so that the state does not deviate from its function and role in state life. The role of the constitution as a protector of human rights and the rights of citizens is in line with the objectives of the state stated in the Preamble to the 1945 Constitution, paragraph 4. The role of the constitution as a protector of human rights and the rights of citizens is stated in many articles, one of which is UUD No. 39 of 1999 which discusses human rights, then there are Articles 28A-28J of the Constitution, and others. This research uses qualitative research with a literature study approach. The method is carried out by exploring sources that are used for discussion, for example sources that become theories, then analyzed and conclusions drawn based on the formulation of the problem being studied.
Constitution, Human Rights, Citizens' Rights, Government
Copyright (c) 2023 Robby Patria, Maulida Mustado, Dody Irawan, Thalia Nanda
PERGOLAKAN HADITS KAUM MODERNIS : Studi Komparatif Pemikiran Abu Royyah, Ahmad Amin, dan Musthafa Al-Siba’I
There is no problem with Muslims' belief in the position and authenticity of the Hadith or Sunnah during the time of the Prophet SAW, because if they find something that is doubtful or unclear, they can immediately confirm it with the Prophet SAW. This is different from the time after his death until now, the problematic nature of Hadith has become such that it has led to the opening of the veil to see its existence as a religious authority. As was done by Ahmad Amin in his book Fajr al-Islam, which criticized several things about Hadith. According to him, the originality of the Hadith after the death of the Prophet SAW is questionable. Meanwhile Musthafa al-Siba'i countered Ahmad Amin's thoughts by presenting historical evidence of the originality of Hadith. In Musthafa al-Siba'i's view, Ahmad Amin's criticism of Hadith was not based on strong arguments, in fact the arguments he built were more assumptive, generalized and textual. According to Mahmud Abu Rayyah, the debate about Hadith actually makes a valuable contribution to the study of Islamic thought, especially the study of Hadith. He criticized friends' integrity which needed to be reconsidered, because there were many factors and past problems that had not been revealed. Therefore, he does not want the study of Islamic studies to stop and become stagnant and give the impression that it is out of date. He wants the Islamic religion with several scientific studies to continue to exist in the circulation of time (Salihun likulli Zamanin wa makanin).
Copyright (c) 2023 Arianto, Abdur Rouf Hasbullah
PENGAKUAN NEGARA TERHADAP PERKAWINAN BEDA AGAMA (Studi kasus di Dusun Bangkok Desa Klampisan Kecamatan Kandangan)
Marriage is a form of agreement that a person binds himself to his partner to make their relationship legal. However, the reality is that in society there are marriages that are not accepted, namely marriages between different religions, which result in obstacles in the implementation of these marriages. This research uses a qualitative approach with a case study type of research that occurred in Kediri Regency. Source taken from an informant in an interfaith marriage. Data collection techniques use participatory observation techniques, structured interviews, and documentation. Data analysis starts from data reduction, data presentation, and drawing conclusions. Meanwhile, checking the validity of the data uses extended observation, increasing persistence, triangulation, negative case analysis, using reference materials, holding member checks. The objectives of this research are (1) To determine the implementation of interfaith marriages in Indonesia. (2) To analyze the factors that become obstacles in carrying out interfaith marriages in Indonesia (3) To explain the government's efforts to guarantee citizens in carrying out interfaith marriages. The results of this research show that firstly, the implementation of marriage as a sacred bond between a man and a woman cannot be separated by nature, but from a legal aspect there must also be a basis as a foundation for building a marriage bond. The second factor that is an obstacle in carrying out interfaith marriages is that people do not fully understand the flow of the interfaith marriage process, especially for prospective brides and grooms who do not understand access to the requirements and flow of interfaith marriages via social media. Third, there is the government's efforts to guarantee that citizens can marry between different religions.
Copyright (c) 2023 Arianto, Muhammad Muhajirin
SINKRONISASI PERMENDAGRI DAN UNDANG-UNDANG PERKAWINAN TERHADAP PENERBITAN KARTU KELUARGA BAGI PASANGAN NIKAH SIRI
ABSTRACT 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. Keywords : Synchronization, Laws and Regulations, Issuance of Family Card.
Sinkronisasi, Peraturan Perundang-undangan, Penerbitan KK
Copyright (c) 2023 M. Adib Hamzawi, Hana Miftakhur Rochmah