Rusdaya Basri
Pascasarjana Institut Agama Islam Negeri (IAIN) Parepare

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Deconstructing the Value of Pangadereng in Maintaining Family Harmonization in Wajo Regency Mafthu Ikhsan; Rusdaya Basri; Mukhtar Yunus; Sudirman; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025 - International Journal of Health, Economics, and Social Sciences (IJHESS
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5764

Abstract

his research discusses the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency, with sub-problems: 1). What is the understanding of the people of Wajo Regency about the five pangadereng (Ade', talked, rapang, wari, and sara')? 2). How is the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency? 3). How is Urf's theory analysis related to the Deconstruction of Pangadereng Values ??in Caring for Family Harmonization in Wajo Regency. With the main objective of knowing the Deconstruction of Pangadereng Values ??in Maintaining Family Harmonization in Wajo Regency, with sub objectives; 1). Identifying the understanding of the people of Wajo Regency about the five pangadereng (Ade', talked, rapang, wari, and sara'). 2). Identifying the Deconstruction of Pangadereng Values ??in Maintaining Family Harmony in Wajo Regency. 3). Identifying Urf theory analysis related to the Deconstruction of Pangadereng Values ??in Caring for Family Harmonization in Wajo Regency. This research is a descriptive qualitative approach that describes data obtained in the field related to the deconstruction of the value of pangadereng in maintaining harmonization in Wajo district. This research uses a descriptive qualitative approach in the form of written and verbal questions from Wajo cultural figures, religious leaders, community leaders and the community itself. The results of the research concluded that: 1) The Wajo community's understanding of pangadereng all have the same views with different presentations. Some say that pangadereng is related to norms, values ??that regulate behavior, attitudes and actions. and also convey that pangadereng is an order, rules that originate from Ade', wari, speech, rapang and sara' (Islamic law after the arrival of Islam). 2) Deconstruction of the value of pangadereng in maintaining family harmony in Wajo district can be seen from several cultural and social aspects which are an integral part of local community life. Pangadereng is a Bugis traditional value system that includes various social norms and rules, including in the family context. Several important points that can be used as a reference: a. Siri' (Self-Esteem). b. Sipakatau (Respect each other. c. Sipakainge (Remind each other. d. Assitongeng (Truth). e. Mappesona ri Dewata Seuwae (Trust in God Almighty). 3) Based on the analysis of urf theory related to the deconstruction of pangadereng values ??in maintaining family harmony in the district Wajo does not conflict with sharia' and is authentic urf, namely good and acceptable urf, therefore it must be maintained, both in the formation of laws or in the judiciary. Likewise, it does not conflict with what Rusdaya Basri stated, namely: 1) It does not conflict with the text Al-Qur'an and Hadith, 2) Does not cause harm and does not lose benefits, including not causing hardship and difficulty. 3) This applies to Muslims in general, in the sense that it is not just something that is usually done by a few people. 4) And does not apply in mahdah worship.
The Phenomenon of Unregistered Marriages Due to Rejection of Marriage Dispensation: Study of the Enrekang Religious Court and KUA Kec. Baroque Abd Gaffar; Agus Muchsin; Fikri; Rusdaya Basri; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) - January
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5791

Abstract

The general aim of this research is to find out the reality/phenomenon of unregistered marriages in the district. Baroko, To find out the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District Determination. Baroko, and to find out legal responsibility for marriage dispensations in Kec. Baroque. This type of research is qualitative research carried out at the Enrekang Religious Court and KUA District. Baroque. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; The reality/phenomenon of marriage is not recorded in Kec. Baroko, namely unregistered marriages in Baroko District, illustrates a complex social phenomenon, where a number of couples choose not to officially register their marriages. This phenomenon reflects various factors, ranging from a lack of understanding of the importance of marriage registration, administrative obstacles, to economic and social factors that influence individual decisions. The consequences of unregistered marriages can impact the legal rights of spouses and their children, as well as hinder access to public services and legal protection, secondly; The judge's consideration in rejecting the application for marriage dispensation in the Religious Court and KUA District Determination. Baroko, namely the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District. Baroko is based on the insufficiency of legal reasons, evidence, and fulfillment of the requirements stipulated by law. The judge assesses whether the application meets the best interests of the child and is in accordance with applicable legal norms, and thirdly; Legal responsibility for marriage dispensation in Kec. Baroko, namely legal responsibility for marriage dispensation in Baroko District includes the obligation to comply with legal requirements stipulated by statutory regulations. Marriage dispensation must be carried out on the basis of strong reasons and compliance with correct administrative procedures. Failure to comply with these provisions can have legal consequences for the parties involved, including protecting children's rights and enforcing legal norms.
The Position of Siri's Husband Regarding the Distribution of Inheritance Assets in the Case at the Enrekang Religious Court from an Islamic Legal Perspective (Determination Study Number 161/PDT.P/2022/PA EK) Abd Jamil Salam; Rusdaya Basri; M. Ali Rusdi; Aris; Saidah
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) - January
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5792

Abstract

The main problems in this research are 1) What are the Judge's Legal Considerations in Decision Number 161/Pdt.P/2022/Pa Ek?. 2) What is the Position of Siri's Husband as the Heir of Siri's Wife from a National Law Perspective? 3) What is the Position of Siri's Husband? As the Heir of Siri's Wife Seen from the Perspective of Islamic Law? This research uses a type of library research with a normative juridical approach. Data collection techniques using document studies (library materials). The theories used are utility theory and legal certainty theory. The results of the research concluded that 1) The judge's legal considerations in Judge Determination Number 161/Pdt.P/2022/Pa Ek were that the panel of judges did not include the husband of the deceased as an heir because there was no clarity regarding the condition of the deceased's husband. And there is no legally registered marriage registration. Therefore, the heirs from the unregistered marriage only fell to the deceased's biological mother and her 2 children. 2) The position of the unregistered husband as the legal representative of the unregistered wife, viewed from the perspective of national law, is that in an unregistered marriage there is no distribution of assets to the wife or children resulting from an unregistered marriage, unless there is an agreement or civil agreement between the husband and wife only. The existence of an agreement in a deed made before a Notary opens up opportunities for wives and children resulting from unregistered marriages to receive a share of the mutually beneficial assets. An unmarried wife/husband can obtain mutually beneficial assets through a mediation or negotiation process between husband and wife, with the help of a legal consultant or the family. 3) The position of the unregistered husband as the wawris expert of the unregistered wife is viewed from the perspective of Islamic law. In this case it can be said that a marriage that does not meet the provisions of maqashid sharia is considered not in accordance with the purpose of the marriage itself so that the marriage is not fulfilled.