Suchergebnisse

Settlement of disputes divorce on the grounds "syiqaq" have two mechanisms for peace, which is mediating in the initial examination of the case and making the appointments "hakam" were carried out after the process of verification. Mediator and "hakam" same function, namely as a neutral party to reconcile the two sides of a dispute. This of course raises another problem where the dualism of law and overlapping carried out by two different agencies in one point. When taken in conjunction with the principle of justice that is simple, fast and inexpensive, of course, can lead to the length and complexity of the dispute resolution process for divorce on the grounds "syiqaq" between mediation and "hakam" have mechanisms respectively. Although on the other hand, the institution of mediation and "hakam" was to embody the principle of compulsory reconciling the parties in the process of judicial civil procedure law agama. In addition, in spite of the mediation and the appointment of "hakam" in the dispute resolution process of divorce on the grounds "syiqaq" as an attempt to reconcile the two parties dispute, but peace efforts have not achieved the expected results, the divorce rate remains high and even increasing every year. Therefore, there should be integration between mediation and "hakam" as a single entity in the settlement process of a divorce on the grounds "syiqaq". Urgency integration between mediation and "hakam" in the completion of a divorce case on the grounds "syiqaq" are to: simplifies the process of settlement of a divorce case on the grounds "syiqaq"; Religious Court of Justice to embody the principle is simple, quick and inexpensive; re-establish the Islamic shariah on the mechanism for settling disputes "syiqaq" in the religious and synergize with positive law in Indonesia; and the last to discuss for alternatives in addressing divorce rate in Indonesia.

Penelitian ini mengkaji tentang status anak di luar nikah perpektif hukum Islam. Pertimbangan Hukum Majelis Hakim Mahkamah Konstitusi Nomor: 46/PUU-VIII/201. Pandangan Hakim Pengadilan Agama Kelas 1A Palembang terhadap Putusan Mahkamah Konstitusi Nomor: 46/PUU-VIII/2010 adalah: Putusan uji materi pasal 43 ayat 1 UUP, sesungguhnya ditujukan untuk anak yang lahir di luar perkawinan akibat nikah sirri atau kumpul kebo. Berdasarkan penetapan pengadilan agama yang berkaitan dengan pengesahan perkawinan/itsbat nikah dan penetapan asal usul anak, maka anak yang dilahirkan dari perkawinan sirri dapat dinyatakan sebagai anak yang sah. Dengan status anak sah, maka anak tersebut mempunyai hubungan perdata dengan ayah biologisnya. Hubungan perdata yang timbul akibat dari adanya hubungan darah ini meliputi hubungan hukum, hak dan kewajiban antara anak dengan ayah dan ibunya yang dapat berupa: (1) hubungan nasab; (2) hubungan mahram; (3) hubungan hak dan kewajiban; (4) hubungan pewarisan (saling mewarisi) yang merupakan pelanjutan hubungan hak dan kewajiban karena nasab ketika mereka sama-sama masih hidup; dan (5) hubungan wali nikah antara ayah dengan anak perempuannya.This paper examined the status of children outside wedlock in perspective of Islamic law. Consideration of the judges of the Constitutional Court Law No. 46 / PUU-VIII / 2010: included: the right to obtain legal status of the child; registration of marriage was not a factor in determining the legal of the marriage and registration of marriages was an administrative obligations required by legislation. The factors that determined the legal of a marriage was the conditions prescribed by the religion of each pair bride; problems concerned children born out of wedlock should receive law protection and law certainty to the status of a child born and rights available to him, including toward children born though the legal of the marriage still disputed. While the view of the religion Court Judge Class 1A Palembang to Constitutional Court Decision No. 46 / PUU-VIII / 2010: Decision of the judicial review of Article 43 paragraph 1 UUP, in fact intended for children born out of wedlock as a result of Sirri marriage or cohabiting. Based on the determination of religion courts that related to ratification of the marriage / marriage ithbat and determination of the origin of the child, then the child born of the marriage Sirri could be expressed as a legitimate child. With the status of a legitimate child, then the child had a civil relationship with biological father. Civil relations arose from the presence of this blood relationship included legal relationships, rights and obligations between the child with his/her father and mother who could be: (1) the relationship nasab; (2) the relationship of mahram; (3) the relationship of rights and obligations; (4) the relationship of inheritance (inherit each other) which was a continuation of the relationship of rights and obligations as nasab when they were both still alive; and (5) the relationship of guardians between a father with his daughter.

This study analyzes the authority of the local government in harmonizing, unifying, and strengthening the concept of the Provincial Regional Regulation Draft. 15 of 2019 concerning Amendments to Law no. 12 of 2011 and their application in South Sumatra Province. The results of the analysis and discussion show that the regional government is not authorized to harmonize, unify, and consolidate the draft Provincial Regulation Draft after the issuance of Law No. 15 of 2019. After the issuance of this Law, harmonization, unification, and strengthening of the draft Provincial Regulation Draft are carried out by ministries or institutions that run a government in the field of law previously coordinated by the legal bureau (regional government apparatus). This activity is a form of deliberation in establishing law and one of the principles in Islamic nomocracy and democracy in Islam. The implementation of harmonization, unification, and consolidation of the draft Provincial Regulations in South Sumatra has not been under the provisions in Law No. 15 of 2019. The process of harmonizing, unifying, and strengthening the concept of the Draft Provincial Regulation in South Sumatra is still being implemented by the regional government (legal bureau as regional apparatus). Suggestions from researchers, namely that the provisions in Law no. 15 of 2019 and it is necessary to guide to human resources in the South Sumatra Province. This process needs to be linked to the concept of Maqhasid Syariah so that the substance of the Provincial Regulation does not conflict with the public interest (benefit).

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community's legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband's reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.