SciRepID - Scientific Publication Search

Publication Search

50,562 articles from 425 journals · 1,447 citations tracked

Showing 1-10 of 10

Analytics

Umi Kalsum; Akbarizan Akbarizan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.    

Rahmat Syukri; Messy Precia; Laily Rahma Wati; Jendri Jendri

Reflection : Islamic Education Journal 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Polygamy in Islam is regulated with clear provisions based on the Qur'an and Hadith. Surah Al-Nisa/4:3 permits polygamy with a maximum of four wives, under the primary condition of fairness in fulfilling material needs such as food, clothing, and shelter. However, Surah Al-Nisa/4:129 emphasizes that emotional fairness, such as inclinations of the heart, cannot be mandated as it is beyond human capability. The Prophet Muhammad SAW exemplified how to practice polygamy while adhering to the principle of justice emphasized in Islam. Historically, the regulation of polygamy aimed to address social crises in early Islamic society, such as the high number of widows and orphans due to war. Polygamy was viewed as a social solution to protect the rights of women and children, albeit under strict conditions. In conclusion, polygamy in Islam is an option permitted only in specific circumstances, not an obligation or outright recommendation, with a strong emphasis on justice and the welfare of all parties involved.

Diniati Wafida Rohmah; Murni Murni

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this inquiry is to excavate a profound comprehension concerning the quest for a polygamy license, by delving into the judicial decree regarding the rationale of the Surabaya Religious Tribunal in bestowing such a license, scrutinizing and dissecting the juridical and communal dimensions of ruling number 1751/Pdt.G/2024/PA. Sby. Here, the Seeker sought approval for polygamy against the Opponent due to the Opponent’s incapacity to satisfy the Seeker’s carnal desires, attributed to the presence of diabetes. The quandaries investigated pertain to the statutes and stipulations governing polygamy petitions and the Jurist’s rationale in adjudicating the polygamy license request. This investigation employs a normative jurisprudence technique, drawing upon an examination of texts, and adopts a legislative framework in its approach. The findings of this examination indicate that the Panel of Jurists factors in both legal and compassionate facets in its deliberations.

Astri Yulisti Datau; Mutia Cherawaty Thalib; Julisa Aprilia Kaluku

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

Citra Rahmatul Ummah; Siti Ramlah Usman; Husni Kusuma Dinata

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze and find out the analysis of the process of determining polygamous marriage at the Larantuka Religious Court, East Flores Regency. This type of research is an empirical research that uses primary, secondary and tertiary data collected using interview techniques and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that (1) The process of determining polygamous marriage consists of information services, case acceptance and trial activities (2) Factors that affect people not to apply for the determination of polygamy in religious courts, namely lack of knowledge, related to customs and complicated management.    

Pajar Ningrum; Anwar Sadat

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage or Marriage is a very strong contract (misaqon ghalidzan) to justify a sexual relationship between a man and a woman for the sake of realizing a happy family life, which is filled with a sense of peace and affection according to the rules approved by Allah.  In legal research, there are two types of research, namely normative (doctrinal) research and empirical research. The type of research used in preparing this thesis is a combination of normative (doctrinal) research and empirical research. The location for data collection in this research was at the Lubuk Pakam Religious Court, Jalan Mahoni No.3 Komp. Deli Serdang Regency Government Offices. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. The data analysis technique used in this legal research uses qualitative analysis Based on research results, the factors that cause divorce fall into various categories such as adultery, drunkenness, madness, gambling, leaving one of the parties, prison law, polygamy, domestic violence (KDRT), constant disputes and quarrels, apostasy, and economic problems. In resolving divorce case Number 1255/Pdt.G/2023/PA.Lpk at the Lubuk Pakam Religious Court, the Panel of Judges put forward in-depth legal considerations in deciding the divorce case between Kiki Andriani Binti Giarno (Plaintiff) and Juliandi Nasution Bin Sabran Nasution (Defendant) . The following is a comprehensive explanation of the considerations made by the Panel of Judges in the decision-making process: Based on the process of resolving divorce cases, this shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts. So it can be concluded that the factors causing divorce at the Lubuk Pakam Religious Court. In this research, an analysis of the divorce case decision at the Lubuk Pakam Religious Court with Number 1255/Pdt.G/2023/PA.Lpk between Kiki Andriani Binti Giarno as the Plaintiff and Juliandi Nasution Bin Sabran Nasution as Defendant. Based on this decision, there are several main factors that led to the divorce, which reflect the dynamics of the couple's domestic life and are relevant in the general context of divorce at the Lubuk Pakam Religious Court. Considerations of the Panel of Judges in Settlement of Divorce Cases at the Lubuk Pakam Religious Court. The decision emphasizes the importance of being present in the legal process and the effectiveness of mediation as an effort to resolve disputes. About the process of resolving divorce cases (Religious Court Decision Case Study Number: 1255/Pdt.G/2023) settlement process This divorce case shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts.

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

Gusti Hadiatus Solehah

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to explore the influence of biological factors, specifically DNA, on men's decisions regarding celibacy, monogamy, and polygamy. In this context, sexual and relationship decisions may be influenced by various genetic factors underlying individual behaviors and preferences. By analyzing genetic data from male samples who choose celibacy, monogamy, or polygamy, and collecting information about their social and psychological backgrounds, this research identifies genetic patterns that may be associated with tendencies toward one of these three options. Initial findings suggest that certain genetic variations may be related to relationship preferences and sexual behavior. This study provides new insights into how genetic factors can affect decisions related to relationship structures, with significant implications for further research on the interaction between biology and social behavior. The results of this research are expected to open up further dialogue regarding the role of genetics in determining human relationship dynamics.

Erna Sri Mardani; Riski Ferdiansyah

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Polygamy is a topic in the study of Islamic Family Law that continues to attract attention for discussion. This is due to the polemics related to polygamy, both from a theological and anthropological perspective. Starting from such problems, this then led the researchers to analyze the impacts arising from social and economic aspects, how to review Islamic law regarding the practice of polygamy and its implementation in society. The researcher used the library research method, where the researcher collected information by studying theories from various references related to research (qualitative). The type of data that researchers use is secondary data, which is data that comes from document data. Document data defined here is data originating from books, research reports, journals, etc. (qualitative). The research results show that the practice of polygamy according to state law and Islamic law is permitted, provided that they are able to fulfill their rights and obligations, are able to act fairly, and are mentally and financially mature. The practice of polygamy has positive and negative impacts, the negative impact of the practice of polygamy if you are unable to carry it out, which has an impact on the wife, children and husband who carry it out. So researchers hope that practitioners of polygamy will consider various aspects before deciding to practice polygamy in order to maintain harmony in the household.

Linda Yusnidar Ritonga; Faisal Riza; Muhammad Faishal

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2024 International Forum of Researchers and Lecturers

This research was motivated by a topic regarding interpersonal communication patterns in polygamous families in Sibargot Village, Padang Rapuan Hamlet, West Bilah District, Labuhan Batu Regency. The reason for the formation of this research explains, analyzes or details the elements of communication carried out by husband couples with one wife and the other wife, the series of communications between wives, the forms of interaction between children, and the communication barriers faced by polygamous families in Sibargot Village, Padang Rapuan Hamlet. This research uses descriptive qualitative analysis, namely observing and interpreting data found through documents, interviews and observations. The data obtained is first checked for accuracy through data testing techniques. As for analyzing data by selecting, displaying and making conclusions. The results of this research show that the series of communications carried out by husbands to each of their wives does not have a specific communication pattern that occurs in their family, but each family has its own method of managing its two wives. The husband's communication policy is one-way. Then, the two wives used a form of balanced communication interaction between their wives. Things that hinder communication are caused by the lack of time to meet and interact between wives and husbands, resulting in the difficulty of creating a conducive atmosphere in resolving problems which results in many bad perceptions.