Mahakim: Journal of Islamic Family Law

Islam dan Kebijakan Negara dalam Perlindungan terhadap Hak Reproduksi Pekerja Perempuan pada Keluarga Muslim

Rendy Dwi Hermanto, Sheyla Nichlatus Sovia — Sat, 01 Jul 2023 00:00:00 +0000

The position of women is clear both in terms of Islamic perspective and in terms of state policies in the form of laws and regulations that have placed women in a dignified position that can develop themselves in carrying out their roles, duties and functions. On the other hand, participating in maintaining a balance between family responsibilities and work outside the household without neglecting roles in the household and maintaining social and religious culture values. The existence of women workers cannot be denied, both on a large scale role in the development of the nation and state as well as on the scale of status and family welfare by working outside the home (productive work) or social activities in irder to actualize themselves. This research seeks to find a tangent point between Islamic teachings and state policies in providing protection for the reproductive rights of female workers. The results of the study show that the concepts contained in Islamic teachings and state policies have many tangent points related to the obligation to provide protection for workers, especially female workers and the fulfillment of their rights for the benefit of mankind as a whole.

Mediasi yang Berhasil dalam Perspektif Yuridis Normatif dan Sosiologis

Indana Zulfa, Moch. Muwaffiqillah — Sat, 01 Jul 2023 00:00:00 +0000

Mediation is an effort to resolve cases that are integrated with the judicial process. However, successful mediation is often seen only in withdrawing the lawsuit completely and ignoring other things. This research aims to determine the form of successful mediation from a normative juridical and sociological perspective. The research method used by researchers is normative juridical research with a statutory approach, by conducting a comprehensive study of primary legal materials, namely PERMA No. 1 of 2016 concerning Mediation Procedures in Court and secondary legal materials, namely articles about mediation. The research results obtained prove that mediation is a mandate from PERMA No. 1 of 2016 expected to resolve cases without going through examination at trial. Referring to Articles 29, 30, and 31 PERMA No. 1 of 2016, it can be understood that the form of a peace agreement through mediation can be said to be successful not only when the lawsuit regarding the object of the case is completely withdrawn. The withdrawal of some of the defendants and some of the objects of the case can also be said to be successful mediation in normative juridical terms. However, sociologically successful forms of mediation can be seen from the mediation that has been carried out by several Religious Courts in Indonesia which shows that the success of mediation is represented by the withdrawal of the entire lawsuit, although this does not deny the withdrawal of some of the defendants or objects of the lawsuit. However, it is as if the withdrawal of some of the defendants or objects of the lawsuit is considered not the real success of the mediation.

Perkawinan Siri Sebab Tidak Memiliki Akta Perceraian dari Perkawinan Sebelumnya (Studi Kasus di Desa Sedayulawas Kecamatan Brondong Kabupaten Lamongan)

Nadya Khoiriyah, Moh. Nafik, Moch. Choirul Rizal — Sat, 01 Jul 2023 00:00:00 +0000

The magnitude of the practice of unregistered marriages that occurred in Sedayulawas Village is the main point the problem in this research is that the factors are very diverse, ranging from pregnancy outside the marriage, economy, desire for polygamy, avoiding adultery, and divorce are not recorded. Then the factor that becomes the focus of this research is unregistered divorce (not before the Court) with the highest number of perpetrators, namely ten people who have an impact on the occurrence of a second marriage in a series, because there is one of the administrative requirements which cannot be fulfilled is the divorce certificate. The interesting thing about the serial marriage, which is carried out by the wife, which if it is considered in the positive legal status that applies in Indonesia, she is still married to her first husband. This type of research is classified as an empirical legal research type with a static socio-legal or legal sociology. The data analysis technique used in empirical legal research is to take a systematic and factual picture. The results showed that the practice of unregistered divorces that occurred in Sedayulawas Village, Brondong District, is caused by several things, such as the economy, lack of understanding of the importance of recording divorce, and distance Courts far from the village. The practice of unregistered divorce is carried out very diverse ranging from vows of divorce verbally and in front of the village mudin (not before the Court) whose position does not have permanent legal force or is not recognized by the state. Because the implementation of divorce must be in accordance with the rules applied both in Undang-Undang Perkawinan Nomor 1 Tahun 1974 and Kompilasi Hukum Islam, if it is done outside of these rules then the divorce is not valid though has complied with religious rules.

Pemberian Hak Administrasi Kependudukan Bagi Pasangan Kawin Belum Tercatat Perspektif Tujuan Hukum Gustav Radbruch

Mohammad Wildan Raja Mahasina, Isroqunnajah Isroqunnajah, Khoirul Hidayah — Sat, 01 Jul 2023 00:00:00 +0000

This study's purpose is to see the application of policies to accommodate population administration rights for unregistered married couples at the Population and Civil Registration Office of the Gresik Regency. This research is field research presented with a qualitative descriptive approach based on Gustav Radbruch's theory of legal objectives. Data is obtained by going directly to the field by conducting interviews with relevant department employees and documentation. The results of this study indicate that the provision of population administration rights for unregistered married couples at the Population and Civil Registration Office of Gresik Regency is following policy procedures and does not violate the rules. Based on Gustav Radbruch's idea of legal philosophy about the purpose of law, the granting of population administration rights for unregistered married couples has fulfilled the elements of legal objectives, namely justice, legal certainty, and legal benefits. Legal justice is indicated by the fulfillment of the constitutional rights of unregistered married couples to obtain public services equally. Married couples who do not have a marriage certificate or marriage certificate can still record their marriage as husband and wife on the family card. Legal certainty is indicated by the fulfillment of procedures by applicable regulations. Legal expediency is indicated by the fulfillment of the civil rights of children of unregistered married couples in the form of ownership of birth certificates containing the names of the father and mother parents.

Urgensi Penggunaan Surat Keterangan Waris dalam Peralihan Hak sebagai Upaya Perlindungan dan Kepastian Hukum Ahli Waris

Avisena Aulia Anita, Muhammad Fajar Sidiq Widodo — Sat, 01 Jul 2023 00:00:00 +0000

Transfer of rights occurs due to inheritance, which requires a Certificate of Inheritance as a requirement in processing the transfer of rights, especially those transferred due to Inheritance. This is stipulated as a condition for inheritance because the Inheritance Certificate is proof of the condition of the person who died (heir), the inheritance (boedel), and who the heirs are left behind. Not only that, this is also an effort to provide legal protection and certainty for heirs. The research method uses normative juridical, as well as statutory and conceptual approaches. Using descriptive analysis which aims to describe various problem formulations and provide solutions related to the problem formulations above. From the research, it was found that the issuance of a Certificate of Inheritance by an agency is considered important because it is a tool to facilitate the management of the transfer of rights that occurs due to inheritance, especially for heirs as users of the Certificate of Inheritance and one thing is certain wherever the Certificate of Inheritance is made and issued either through a Notary, Inheritance Hall or sub-district will have permanent, binding legal force and be legally valid.