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All Journal GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Marwin Marwin
Universitas Islam Negeri Raden Intan Lampung
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum Keluarga Islam terhadap Penetapan Nomor: 51/Pdt.P/2024/PA:Prw tentang Penolakan Dispensasi Kawin Akibat Penggerebekan Muhammad Taufiqurrahman; Marwin Marwin; Ahmad Burhanuddin; Jayusman Jayusman
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i1.11135

Abstract

Studies on marriage dispensation in Indonesia have predominantly focused on the factors underlying the approval of applications and the social reasons contributing to child marriage practices. Previous research tends to position marriage dispensation as a legal solution to social and moral pressures, while studies that specifically examine the rejection of marriage dispensation and its implications for strengthening child protection within the framework of Islamic family law remain relatively limited. This condition reveals a research gap, particularly concerning the shifting paradigm of religious court decisions that increasingly prioritize the best interests of the child as a primary consideration. This study aims to analyze the judges’ legal reasoning in rejecting a marriage dispensation application in the Decision of the Pringsewu Religious Court Number 51/Pdt.P/2024/PA.Prw and to examine its conformity with the principles of Islamic family law. Employing a normative juridical approach with qualitative descriptive analysis, this research examines court decisions, relevant statutory regulations, and the doctrine of maqāṣid al-sharī‘ah. The analysis focuses on the implementation of Law Number 16 of 2019 and Supreme Court Regulation (PERMA) Number 5 of 2019 in the context of child protection. The findings indicate that the rejection of the marriage dispensation was based on considerations of child protection, continuity of education, psychological readiness, and reproductive health. From the perspective of Islamic family law, the decision reflects the application of maqāṣid al-sharī‘ah, particularly the protection of lineage (ḥifẓ al-nasl). This study concludes that marriage dispensation is not an absolute legal right, but a conditional legal policy that must prioritize public welfare and the best interests of the child.
PENGAWASAN DPRD BERDASARKAN NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH (STUDI DI DPRD KABUPATEN OGAN KOMERING ULU) Yunda Ghozy Fatu Alima; Marwin Marwin; Arif Fikri
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 13 No. 5 (2026): 2026 Mei
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v13i5.944

Abstract

Regional government is the implementation of governmental affairs by regional governments and Regional House of Representatives (DPRD) based on the principle of regional autonomy. In its implementation, the DPRD has a supervisory function over the implementation of regional regulations to ensure that regional policies are carried out in accordance with statutory provisions. This study aims to analyze the supervisory function of the DPRD of Ogan Komering Ulu Regency in implementing regional regulations based on Article 153 of Law Number 23 of 2014 from the perspective of siyasah tanfidziyyah. The research used a qualitative method with a descriptive-analytical approach. Data were collected through field observations, interviews, and documentation. Primary data were obtained from members of the DPRD of Ogan Komering Ulu Regency, while secondary data were derived from laws and regulations, books, journals, and other supporting documents. The sampling technique used was purposive sampling involving seven respondents. Data were analyzed qualitatively through data reduction, data presentation, and conclusion drawing. The results showed that the supervisory function of the DPRD has been implemented through working meetings, field visits, and evaluations of regional regulation implementation. However, the supervision has not been fully optimal due to obstacles in coordination, follow-up supervision, and evaluation processes. From the perspective of siyasah tanfidziyyah, the supervisory function of the DPRD reflects a form of responsibility in realizing just, trustworthy, and people-oriented governance.
Co-Authors Ahmad - Burhanuddin Arif Fikri Jayusman Muhammad Taufiqurrahman Yunda Ghozy Fatu Alima