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Akbar Syahru Rama; Murni Murni

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the concept and implications of nusyuz's actions in divorce cases in the Religious Courts. Nusyuz is defined as a wife's defiance of her obligations to her husband. Nusyuz is also often the basis for filing divorce lawsuits, especially divorce petitions for divorce by the husband. This study examines how nusyuz actions are taken into consideration by Religious Court judges in deciding divorce cases, as well as their impact on the wife's rights, such as those related to iddah liaving, mut'ah living, and child custody. By using normative juridical methods based on analysis of direct trials and court decisions, this research finds that nusyuz actions have significant legal consequences for wives, especially in terms of living and other rights after divorce. However, there are also variations in the judge's assessment of the evidence of nusyuz's actions, which has implications for the final outcome of the divorce case.

Andini Zaskia Karim; Daud Dima Tallo; Heryanto Amalo

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months,  Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.

Mariatul Qoftia; Novera Martilova

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The aim of this research is to determine "the influence of deposit fees (ujrah) and service quality on gold pawn customer satisfaction at the Bukittinggi Syariah Pegadaian". This investigation uses quantitative methodology, specifically an associative approach. The sample size is determined by the size of the population; because the number of individuals in the population was less than 100, the entire sample was used. Primary data was collected from respondents through distributing questionnaires. Meanwhile, multiple linear regression, classical assumption testing, and hypothesis testing were used to analyze the data. The results of hypothesis testing show that gold pawn customer satisfaction at sharia pawnshops is influenced simultaneously by the variables of service quality and deposit fees (ujrah). This is supported by a significant value of 0.025 <0.05. With a value of 0.042 <0.05, the service quality variable has a partially significant effect on consumer satisfaction with gold pawning at sharia pawnshops. With a significance level of 0.020 <0.05, the deposit cost variable (ujrah) has a significant effect on consumer satisfaction with gold pawning at sharia pawnshops. Based on the findings of this research, it can be concluded that service quality and deposit fees (ujrah) influence consumer satisfaction with gold pawning at sharia pawnshops by 10.9%. The remaining 89.1% is caused by foreign variables.

Widodo Budidarmo; Lily Kalyana

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The land holds significant importance for the people in Indonesia and is one of the country's natural resources. As an agricultural country, a large portion of the Indonesian population relies on agriculture as their primary source of livelihood. Farming, which involves cultivating land to produce food, has long been a cornerstone of rural economies. Notaries and Land Deed Officials (PPAT) play a critical role in Indonesia’s legal and land administration systems. Notaries, governed by Law No. 2 of 2014 and Article 1868 of the Indonesian Civil Code (KUHPerdata), are authorized to create authentic deeds, ensure legal certainty, and maintain document custody. Meanwhile, PPATs, under Government Regulation No. 37 of 1998 and Law No. 4 of 1996, are responsible for drafting deeds related to land registration and mortgage rights, including transactions involving the sale, purchase, and transfer of land rights. The distinct authority of notaries and PPATs is clearly defined by the relevant regulations, with the Constitutional Court Decision No. 5/PUU-XII/2014 affirming that their jurisdictions do not overlap, thereby safeguarding legal certainty in land administration.

Bagus Ary Darmawan; M. Reza Saputra; Jaenal Aripin

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage is an important event where humans, as social beings, need partners to fulfill their life needs. In marriage, legal standards are necessary to regulate the family's rights, obligations, and responsibilities to build a happy and prosperous family. Every married couple aspires to have offspring, which is considered a trust from Allah SWT. This research aims to provide a deep understanding of the implementation of maqasid syariah in court decisions related to child custody post-divorce, which is expected to serve as a reference for legal practitioners and academics. A qualitative approach with a case study method was used to analyze the decision of the Lahat Religious Court Number 685/Pdt.G/2022/PA.LT, with data obtained through court decision documentation and literature related to maqasid syariah and Islamic law. The analysis was conducted in the context of the principles of maqasid syariah, especially the aspects of hifz al-nafs (preservation of life) and hifz al-nasl (preservation of lineage). The results of the study show that the judge granted custody to the father because the mother was deemed unable to provide adequate care. The judge's considerations align with the principles of maqasid syariah, which emphasize the importance of the child's physical and mental well-being. The research concludes that the principles of maqasid al-syariah can be applied in the modern judicial system to ensure the child's best interests in custody cases, demonstrating that the welfare and safety of the child must be the primary priority in any legal decision.

Adinda Firsta Deni Maharani; Djanuardi Djanuardi; Sherly Machmud Imam Slamet

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Divorce represents the dissolution of the marital bond between husband and wife within a household. Divorce can only occur when there are strong reasons justifying the decision. One reason that can lead to divorce, according to the Marriage Law and the Compilation of Islamic Law (KHI), is due to one party's addiction to gambling. This is reflected in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam. This study aims to understand and analyze gambling as a reason for divorce, as well as the legal protection for the wife in a divorce caused by her husband's gambling addiction, based on the Marriage Law and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach with descriptive analytical specifications. The research methods used in this study include library research and field research through interviews. The data analysis method employed is qualitative juridical analysis. The research results indicate that, first, the lawsuit in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam is in accordance with the provisions of Article 19 letter a of the Government Regulation on the Implementation of the Marriage Law in conjunction with Article 116 letter a of the Compilation of Islamic Law (KHI). Second, as a preventive measure to protect the rights of the wife and children in a divorce caused by gambling addiction, the wife can include claims regarding custody and support for herself in the divorce petition. After the divorce decree is issued, the wife can also file a lawsuit regarding the division of marital property.

Aulia Fitri Anggraini; Dinda Salsabila Sarly; Wahyu Rama Wirayuda

Jurnal Bisnis, Ekonomi Syariah, dan Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The government's role in Islamic economics is very significant, not only in regulating public aspects in accordance with Islamic principles, but also in financial matters such as managing basic needs, creating jobs, and maintaining the stability of the value of money. Public authorities need appropriate arrangements to steer the economy in the desired direction. One of the strategies used is financial regulation, which aims to control the money supply so that economic growth is stable, the cost of living is affordable, and jobs are available. This research aims to explore how the financial approach works from an Islamic perspective in depth. In the context of Islamic economics, the task of public authorities is to ensure that Islamic principles apply in terms of free income, interest-free economy, and money management in accordance with Islamic principles. Financial regulatory instruments also go beyond the use of open markets and custody of money, including in terms of distribution of credit, proportion of advances, and benefits in accordance with Islamic rules. This journal explores the relationship between monetary policy and economic development from an Islamic perspective. The focus is on the government's role in regulating monetary policy to achieve stable and sustainable economic growth in accordance with Islamic principles. The discussion includes financial management strategies that include controlling the money supply, stability of the value of money, and development of an interest-free economy. By considering the basis of free income in Islamic economics, this journal also highlights monetary policy instruments that are in accordance with Islamic values, such as credit distribution and benefit proportions that follow Islamic rules. This research aims to provide in-depth insight into how monetary policy can be implemented effectively in the context of Islamic economics, as well as implications and suggestions for sustainable economic development from an Islamic perspective.

Abdul Rahman Masionu

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the extent of the impact caused by arguments in the household resulting in divorce. To find out, the author uses normative empirical research methods. Divorce is a legal event that results in the legal termination of a marriage between a husband and wife whose legal process is carried out in court. The factors that cause continuous disputes and quarrels that trigger divorce at the Tilamuta Religious Court, Baolemo Regency are: (a) Economic problems. (b) Third party interference. (c) Polygamy is unhealthy. (d) Domestic violence/abuse occurs. Divorce will certainly have an effect on both parties and their descendants. The consequences that arise from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) problems regarding child custody, (c) division of joint assets, lack of control of each other's egos. each and coupled with the husband not being able to control his emotions so he takes it out on his wife.  

Matilda Fidrisa Anggun; Sukardan Aloysius; Petornius Damat

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.           

Ratna Ayu Wijayanti; Riki Zogik Firmansyah; Mochamad Rizal Anwar; Renny Oktafia

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

Property in Islam is a significant concept that encompasses various aspects such as ownership, distribution, and utilization. Islam emphasizes the importance of legal and transparent ownership, where wealth must be acquired through honest and ethical means. Unethical practices like theft and usury are strictly prohibited. Fair distribution of wealth is also emphasized, as seen in the obligation of zakat, a mandatory payment given to those in need. Islam promotes the idea that wealth should not be selfishly retained by a few, but should be fairly distributed to benefit society as a whole. Additionally, Islam highlights responsible utilization of property. While recognizing individual property rights, Islam also emphasizes the responsible and conscientious use of wealth. Overall, the concept of property in Islam is grounded in principles of integrity, fairness, and responsible stewardship.

Ratna Ayu Wijayanti; M.Arief Safi’i; Riki Zogik Firmansyah; Mirza Hisyam Maulana; Renny Oktafia

JURNAL EKONOMI BISNIS DAN MANAJEMEN (JISE) 2024 CV. ALIM'SPUBLISHING

This research focuses on the implementation of the Al Wadiah concept in the State Savings Bank (BTN) in Indonesia. The concept is based on Islamic law and deals with trust and custody. The bank has integrated Al Wadiah into its savings services and manages customer funds in accordance with Sharia regulations. This study uses secondary data to analyze the implementation. The study found that BTN offers a range of savings products that emphasize the security of deposited funds. The study also identified challenges and opportunities faced by the bank in implementing the concept. These challenges include regulatory changes, educating the public and a comprehensive understanding of Sharia principles. Despite these challenges, there are opportunities for BTN to expand its range of Sharia-based services and increase public confidence in the financial system.

Anish Koirala; Ramesh Shrestha; Nisha Gautam

International Journal of Communication, Tourism, and Social Economic Trends 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines how child custody laws across different legal systems affect child well-being in post-divorce families. By comparing custody arrangements in multiple countries, the research investigates outcomes related to children's psychological health, academic performance, and social stability. Findings suggest that shared custody arrangements generally yield better outcomes for children, though the impact varies with cultural and legal factors.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Dewi Larasati; Andi Prasetya; Rizky Fitriani

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the influence of child custody laws on child well-being in post-divorce families. By comparing legal frameworks across countries, the research assesses the outcomes of different custody arrangements concerning children’s psychological health, academic performance, and social stability. Findings indicate that shared custody generally provides better well-being outcomes for children, although cultural and legal variations affect these impacts.

Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court

Azizah Rima Gitacahyani; Bilqis Dewi P; Cherisanda Nesya; Regita Kisnanda Putri; Yasmine Erlisa

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Divorce between spouses of different nationalities has become an increasingly common phenomenon in the context of globalization. International civil law plays a key role in addressing the legal issues arising from divorce between different nationalities. This article discusses the legal repercussions arising from such divorces, focusing on several important aspects. Determination of the applicable law is a major concern in cases of non-citizenship divorce. The Lex Loci principle is the rule used to determine the law governing divorce, with special considerations regarding both spouses being from different countries. The recognition of divorce in different jurisdictions is an important concern. The process of official recognition of divorce in different countries often requires special procedures and certain requirements. Issues related to child custody become particularly significant if the couple has children together. International civil law considers aspects such as child residence, custody, and child-related decision-making. A valid divorce certificate may be required for various purposes, including a change in marital status in each spouse's country. The process of obtaining a divorce certificate may vary in each spouse's home country. Pensions and inheritance may also be affected by divorce, and the application of international civil law principles is necessary to determine the associated rights.

Rona Rindamelani Hutasoit; Cindy Ayu Lestari; Hanna Izzati Ar Raudhah; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

In this article, we will examine the impact of divorce (Division of Property & Child Custody) where this study was conducted at the Medan District Court. This divorce has a lot of impacts, especially on children. However, this article will focus on the division of assets and child custody as a cause and effect of divorce. This research uses descriptive qualitative and normative legal methods through analytical and observational approaches, with data collection techniques based on literature studies and interviews. Divorce is triggered by various reasons, including disharmonious relations between husband and wife in terms of fulfilling biological needs, issues of different principles of life, differences in income in improving welfare, infidelity. The decision to divorce results in the division of property and child custody, where custody falls to the mother because the child is under 12 years old. Referring to Article 105 KHI, which explains that child custody in divorce with children under 12 years old is given to the mother. Meanwhile, the distribution of assets is in accordance with applicable Islamic law.

Falah Sabirin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.