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Dian Anggraini Sihombing; Muhammad Hizbullah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

Livia Naomi Rigawara

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

Riu Zaldi Siregar; Uswatun Hasanah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.

Muhammad Rayhan Putera; M. Junaidi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Aceh Sharia Court is a special judicial institution formed based on the specifics of Aceh as regulated in the Aceh Government Law. The existence of the Aceh Sharia Court has juridical consequences for the exercise of judicial power which was previously exercised by the Religious Courts. This research aims to analyze the position of the Aceh Sharia Court in the national justice system and examine its power in replacing the authority of the Religious Courts in handling cases related to Islamic law. The research method used is normative legal research. The research results show that the Aceh Sharia Court has an equal position to the Religious Court in the judicial power structure, but has broader authority because it covers Islamic civil cases, sharia criminal (jinayat), and sharia procedural law. This transfer of authority does not eliminate the existence of the Religious Courts nationally, but creates a special justice system that only applies in the Aceh region. The position of the Aceh Sharia Court strengthens the implementation of Islamic law within the framework of the Unitary State of the Republic of Indonesia and remains under the guidance of the Supreme Court.

Achmad Rizky Airlangga; Faiq Muhammad Zufar; Syahputra Aditya Kusrin Surbakti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Yulies Tiena Masriani; Junaidi

Notary Law Research 2025 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Aktivitas ekonomi mempunyai hubungan yang erat dengan transaksi antara entitas ekonomi, yang terkadang menyebabkan sengketa. Dalam konteks ekonomi syariah, sengketa muncul karena perselisihan antara pelaku ekonomi yang berbisnis berdasarkan hukum ekonomi syariah terkait hak atau kepentingan. Sengketa ini bisa diputus dengan instrumen hukum yang berbagai, baik litigasi di pengadilan agama maupun metode non-litigasi seperti negosiasi, mediasi, dan konsiliasi. Penyelesaian sengketa di pengadilan agama bertujuan agar terjaminlah keadilan dan keteguhan hukum sesuai prinsip syariah. Namun, dengan semakin meningkatnya tuntutan keadilan, penyelesaian sengketa melalui pengadilan relatif lama dan kurang efektif, maka alternatif penyelesaian di luar pengadilan semakin relevan. Negosiasi sebagai salah satu proses tawar-menawar dalam sengketa ekonomi syariah sangat memfokuskan pada persiapan dan komunikasi efektif kedua belah pihak. Salah satu penyebab sengketa ekonomi pada ekonomi syariah adalah wanprestasi dalam transaksi jual beli, terutama transaksi tanah. Oleh karena itu, regulasi ekonomi syariah yang mengatur prinsip keadilan dan keseimbangan hak dan kewajiban sangatlah perlu untuk menyelesaikan sengketa tersebut secara adil dan damai. Penelitian ini bertujuan untuk menggali penerapan regulasi ekonomi syariah dalam penyelesaian sengketa wanprestasi, khususnya yang berhubungan dengan sengketa tanah, dengan mengidentifikasi metode penyelesaian sengketa yang sesuai dalam hukum Islam dan hukum positif Indonesia. Penelitian ini diharapkan memberikan wawasan mengenai relevansi dan penerapan hukum Islam dalam menyelesaikan sengketa ekonomi syariah, serta menyoroti pentingnya penyelesaian sengketa melalui metode yang mengedepankan keadilan dan perdamaian.

Azzahra, Esi Anindya; Desrina , Rania Adriane; Aurellia , Khaila; Tarina, Dwi Desi Yayi

Notary Law Research 2025 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Penelitian ini membahas secara mendalam mengenai perlindungan hukum bagi nasabah dalam sengketa gadai syariah, khususnya yang berkaitan dengan pengembalian barang jaminan setelah pelunasan utang. Perkembangan industri gadai syariah di Indonesia yang sangat pesat menunjukkan adanya peningkatan kepercayaan masyarakat terhadap lembaga keuangan berbasis syariah. Namun, di sisi lain, dinamika ini juga memunculkan tantangan baru dalam aspek perlindungan konsumen, terutama ketika terjadi wanprestasi, kesalahan administrasi, atau kelalaian lembaga gadai dalam menjaga serta mengembalikan barang jaminan milik nasabah. Melalui pendekatan yuridis normatif dan studi kasus terhadap Putusan Pengadilan Agama Banjarmasin Nomor 1112/Pdt.G/2021/PA.Bjm, penelitian ini berupaya menganalisis bentuk tanggung jawab hukum lembaga gadai serta perlindungan yang seharusnya diterima oleh nasabah sebagai pihak yang dirugikan. Hasil kajian menunjukkan bahwa dalam perspektif hukum syariah, barang gadai (marhun) memiliki kedudukan hukum sebagai amanah yang wajib dijaga dengan penuh tanggung jawab oleh pihak penerima gadai (murtahin). Apabila lembaga gadai lalai dalam menjaga atau gagal mengembalikan barang tersebut, maka tindakan tersebut dapat dikategorikan sebagai wanprestasi sekaligus pelanggaran terhadap prinsip keadilan dan hak-hak konsumen. Perlindungan hukum terhadap nasabah diatur dalam berbagai peraturan, antara lain Kitab Undang-Undang Hukum Perdata (KUHPerdata), Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, serta pengawasan yang dilakukan oleh Otoritas Jasa Keuangan (OJK) terhadap lembaga keuangan syariah. Namun demikian, efektivitas implementasi peraturan tersebut masih menghadapi berbagai kendala, seperti lemahnya pengawasan, kurangnya pemahaman masyarakat mengenai hak-haknya, serta minimnya mekanisme penyelesaian sengketa yang cepat dan transparan. Oleh karena itu, diperlukan penguatan sistem pengawasan serta edukasi hukum bagi masyarakat agar prinsip keadilan, kepastian hukum, dan kemaslahatan dalam transaksi gadai syariah dapat terwujud secara menyeluruh.

Siti Sahya Rauf; Zulfadli Zulfadli; Sugimin Sugimin

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study discusses the status of marriage books as legal and administrative documents, as well as the mechanism for their disposal as State-Owned Goods (BMN) at the Regional Office of the Ministry of Religious Affairs in Papua Province. The marriage book serves as valid evidence of marriage and plays an important role in population data management. As a document printed using the state budget (APBN), the marriage book is classified as BMN, and its management must comply with regulations. A qualitative approach with an empirical juridical method is used to examine the relationship between legal regulations and their implementation practices. Data were collected through interviews, observations, and literature studies with officials from the Islamic Guidance Division of the Ministry of Religious Affairs in Papua. The results indicate that the disposal of marriage books follows the Directorate General of Islamic Guidance Circular Letter No. 5 of 2024 and Ministry of Finance Regulation No. 83/PMK.06/2016. The disposal process is carried out in stages through administrative and physical mechanisms with principles of accountability and transparency. However, in Papua, the process of collecting unused marriage books has not yet reached the physical disposal stage. The disposal of marriage books is a strategic step in realizing good governance.

Hasyarania Hasyarania; Nurjihad Nurjihad

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

Suharyono Paputungan; Nurmin K. Martam; Ibrahim Ahmad; Robby Waluyo Amu; Yayan Hanapi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.

Evelyn Hatiku; Syifa Hauna Nur Syahidah; Muhammad Oriza Pradana

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the complex issue of citizenship in interfaith marriages within Indonesia’s legal and human rights framework. The problem arises from the absence of explicit provisions in national law regarding the civil registration and citizenship consequences of marriages between individuals of different religions. This legal ambiguity often results in unequal recognition, difficulties in registering children’s citizenship, and broader implications for the right to identity. The research aims to analyze how Indonesian marriage law, administrative population law, and judicial interpretations interact with international and constitutional human rights principles. Using a normative juridical method combined with case study analysis and doctrinal review, this study identifies legal inconsistencies between national regulations and the principle of non-discrimination guaranteed under human rights law. The findings indicate that judicial practices, such as post-SEMA No. 2 of 2023 rulings, show a gradual shift toward balancing legal certainty with human rights protection, although disparities persist across jurisdictions. The study concludes that reform is required to clarify the status of interfaith marriages and to protect the citizenship rights of all parties involved, including children. It recommends that legislators harmonize marriage and citizenship laws with constitutional mandates and human rights instruments to ensure equality before the law, legal certainty, and respect for individual freedoms.

Meliani Kari Wanga; Derla Ra’da'; Gedalya Dame; Hasni Hasni; Ronaldo Stefanus

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the role of Christian religious education teachers in shaping students’ character within the school setting. Employing a literature review method, the research analyzes secondary sources that discuss character formation theories grounded in Biblical principles and Christian education approaches. Key values examined include love, honesty, responsibility, forgiveness, and compassion, which are integrated into the learning process. The findings reveal that Christian religious education teachers hold a crucial position as educators, mentors, and role models, responsible for guiding students in internalizing these values. Character development is fostered not only through formal lessons but also through teachers’ personal example, the incorporation of Biblical teachings into classroom activities, and the encouragement of practical faith expressions in daily life. This holistic approach ensures that students not only understand Christian moral principles cognitively but also embody them in behavior and interactions with others. The study emphasizes that effective character formation relies on consistent modeling of values by teachers, meaningful integration of religious teachings into pedagogy, and opportunities for students to practice faith-based actions, thereby strengthening both moral awareness and ethical conduct.

Nasehudin Nasehudin; Adelia Aisyah Ramadhani; Muhammad Nafis Addinur

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Merdeka Curriculum is a curriculum designed to provide flexibility to educational units in developing student-centered learning, including in Islamic Religious Education (PAI) subjects. This research aims to describe the implementation of the Merdeka Curriculum and analyze its impact on PAI learning at Manu Putra Buntet Pesantren Islamic School. This research uses a descriptive qualitative method with data collection techniques in the form of observation and interviews with the school's Vice Principal for Curriculum. The results show that the Merdeka Curriculum has been implemented in grades X and XI, while grade XII still uses the 2013 Curriculum due to an unfinished transition process. In its implementation, this curriculum strives to encourage student activity and integrate Islamic values according to the characteristics of the pesantren (Islamic boarding school) environment. However, students' adaptation to the active learning model is not yet optimal, so learning still tends to be teacher-centered. In addition, limitations in facilities and infrastructure such as projectors and technological devices also hinder the full implementation of innovative methods. Overall, the Merdeka Curriculum has a positive impact on strengthening religious character and contextualizing PAI learning but requires improved facilities and further mentoring for teachers and students so that the curriculum's goals can be optimally achieved.

Luthfiatul Zahra; Abdul Sani; Fauzianor Fauzianor

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of Islamic banking in Indonesia has introduced the murabahah contract as one of the most dominant financing products. However, in practice, this contract often gives rise to legal disputes, particularly due to default by customers who fail to fulfill their payment obligations in accordance with the agreement. This study focuses on the Palangka Raya Religious Court Decision Number 1/Pdt.GS/2024/PA.PLK, which is noteworthy because, although the substance of the claim has a strong legal basis, it was deemed inadmissible due to a formal defect in the special power of attorney. The aim of this research is to analyze how substantive aspects related to default in murabahah contracts and procedural aspects concerning the mechanism of simplified lawsuits, as well as the validity of a special power of attorney, can affect dispute resolution.This article employs a qualitative method with a normative juridical approach, encompassing legislation, conceptual analysis, and case studies. Primary data were obtained from court decisions, while secondary data were drawn from legal regulations and literature studies. The study shows that substantively, the defendant was proven to be in default for failing to fulfill payment obligations under the murabahah contract, giving the plaintiff a strong legal basis to file a claim. However, procedurally, the lawsuit was inadmissible because the submitted special power of attorney did not meet formal requirements, rendering the plaintiff’s legal representative unauthorized to act on their behalf. The implications of these findings indicate that the success of resolving Islamic banking disputes is not solely determined by the strength of the claim’s substance, but also heavily depends on compliance with the applicable civil procedural laws. Therefore, fulfilling procedural requirements is a crucial factor in ensuring the effectiveness of dispute resolution in Islamic banking.

Kahar Muzakir

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

A ruling is a decision delivered by a judge in a trial, aimed at resolving a dispute or legal matter between the parties involved. There are various types of rulings, such as Declarative Rulings, Constitutive Rulings, Condemnatory Rulings, Contradictory Rulings, and Default Rulings. Each ruling has two kinds of authority: binding authority and executive authority, which refers to the power to enforce the ruling. Judges play a central role and have a significant responsibility in upholding the law and justice. Therefore, judges' professionalism must continually be improved to ensure that rulings are fair and in accordance with applicable regulations. Not only judges, but all members and staff of the Religious Courts are also required to enhance their professionalism in performing their duties. This is particularly important considering the expanded jurisdiction of Religious Courts in handling cases in the field of Islamic economics, which is still relatively new. As a result, the application of the concept of judicial rulings in Indonesia’s Religious Courts must continue to evolve to meet the public's expectations for justice based on the law.

Dharmasanti Rawidya Putri; Sigit Wibowo

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.

Sita Andriani Padeli; Materan Materan; Akhmad Sofyan

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Atur Dahar tradition is a ceremony to feed supernatural beings by leaving food overnight in a room, some are also drowned in the river. This tradition has become a hereditary custom by their ancestors. The existing actions are considered tabzir/wasteful and shirk. This study uses a normative empirical research type, the focus of this research is the views of religious leaders on the Atur Dahar tradition in Pait Village, Long Ikis District. The data analysis technique is carried out using a qualitative descriptive method, namely describing, explaining, and analyzing the results of the study by reviewing the study of 'urf. The procession of the Atur Dahar tradition in the celebration of the Banjar community in Pait village is divided into two implementations, namely dishes provided for ancestors, some are left overnight in the corner of the house and some are drowned in the river, but now the Atur Dahar tradition has been changed from food to which prayers are read and some have not changed, namely in the procession such as leftover food that becomes waste, and food that is less suitable or dirty is given to the community. Ten religious leaders agreed on the existence of the Atur Dahar tradition in celebrations if it complies with Islamic law. The Atur Dahar tradition is part of 'Urf Amali' because it is an act carried out by the community, especially the Banjar tribe in Pait village. This tradition is included in 'Urf Khash' because it is a custom of the Banjar tribe in Pait village. In terms of law, it is included in 'Urf Sahih', because some of the procession is in accordance with Islamic law, such as praying to Allah SWT and sharing food as alms with others. This tradition can also be included in 'Urf Fasid' because it is wasteful.

Suaidi Suaidi

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Happiness is the ultimate goal of every human aspiration. To achieve it to the fullest, humans strive to utilize all their potential. However, in practice, conflicts often arise between personal interests and the interests of others. The desire to realize all dreams becomes problematic when carried out without regard for moral values, especially in a household life built through the sacred bond of marriage. Many married couples fail to create domestic happiness due to uncontrolled ambition. This ambition, when not balanced with ethics and morals, has the potential to cause domestic conflict that results in the neglect of children's education in the family. A current widespread phenomenon shows that married couples spend more time outside the home for work reasons. This opens up opportunities for promiscuity in public spaces and reduces attention to family. If this phenomenon continues, serious problems in the family will become increasingly apparent. The rights and obligations of husband and wife are neglected, affection for children is diminished, and ultimately children feel more comfortable seeking environments outside the home. This condition becomes the entry point for negative speculation from society about married couples who are considered negligent in their household obligations. This research is expected to provide a significant contribution to understanding how families should function optimally. By placing religion as a foundation and making ethics and morals the foundation of social interactions, families can return to their true nature as the birthplace of quality generations with character, ethics, and spiritual values.  

Raihan Pranata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The high divorce rate of young couples in Medan City indicates a crisis in family resilience, especially in early marriage. This study aims to determine the divorce rate of young couples, identify the causal factors, and analyze strategies to reduce the divorce rate. The research approach used is qualitative with a case study at the Class I-A Religious Court of Medan. Data were collected through interviews, observations, and documentation of the court and community leaders. The results of the study indicate that economic factors, prolonged conflict, domestic violence (KDRT), and forced marriage are the dominant causes of the high divorce rate. Suggested solutions include increasing premarital education, religious counseling, and strengthening the role of the family in fostering household resilience.

Cecep Indra Purnama; Aniek Tyaswati Wiji Lestari

Notary Law Research 2025 Program Studi Kenotariatan Program Magister Fakultas Hukum UNTAG Semarang

Penelitian ini membahas sengketa peralihan hak atas harta bersama tanpa persetujuan salah satu pihak dalam kasus perceraian, sebagaimana terjadi pada Putusan PA No. 1990/Pdt.G/2023/PA.Pml. Adapun rumusan masalah yang diangkat adalah: 1) bagaimana pengaturan hukum mengenai peralihan hak atas harta bersama dalam peraturan perundang-undangan Indonesia, 2) bagaimana pertimbangan hukum hakim dalam memutuskan sah atau tidaknya peralihan hak atas harta bersama tanpa persetujuan suami dalam kasus perceraian, dan 3) bagaimana implikasi hukum dari peralihan hak tanpa persetujuan suami dalam kasus tersebut. Penelitian ini menggunakan metode yuridis normatif, dengan pendekatan peraturan perundang-undangan dan studi kasus, khususnya Putusan Pengadilan Agama Pemalang Nomor 1990/Pdt.G/2023/PA.Pml. Data diperoleh dari sumber sekunder dan dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa peralihan hak atas harta bersama diatur dalam Pasal 35 dan 36 UU No. 1 Tahun 1974 tentang Perkawinan, yang mensyaratkan persetujuan kedua belah pihak. Jika persetujuan tidak ada, pengalihan hak dianggap tidak sah dan dapat dibatalkan. Hal ini ditegaskan dalam Pasal 1320 KUHPerdata serta Pasal 97 Kompilasi Hukum Islam (KHI) yang mengatur hak atas harta bersama setelah perceraian. Dalam kasus ini, pengadilan membatalkan tindakan istri yang mengalihkan hak tanpa persetujuan suami, mengembalikan status harta sebagai milik bersama, dan mewajibkan pihak ketiga yang menerima harta untuk mengembalikannya atau memberikan kompensasi.