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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Fikri
Pascasarjana Institut Agama Islam Negeri (Iain) Parepare
Economics, Econometrics & Finance Public Health Social Sciences

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Deauthorization of Illegal Officiants in Siri Marriages in Mallusetasi District, Barru Regency Abdul Rahman Awan; Sudirman; Zainal Said; Fikri; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024 - 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.v6i2.4616

Abstract

This research discusses the Illegal Officiating in Siri Marriages in Mallusetasi District, Barru Regency, that siri marriages are marriages that are not registered with the Office of Religious Affairs (KUA) and are not in accordance with State laws and regulations. This type of research is field research which is carried out in the middle of the research object in order to find out and obtain clear data using qualitative description methods. Research carried out in the field examines problems of a qualitative nature. The data collected is generally in the form of words, pictures and number books. The data collection uses observation, interview and documentation techniques, by analyzing the data using data reduction, data presentation and drawing conclusions. The process of solving the main problem is of course in accordance with the main problem of formulating. The results of this research are. 1) The Social Context of Siri Marriage in Mallusetasi District, Barru Regency, the most important thing is the validity of the marriage according to religious (Islamic) law, even though legally in the country the marriage does not have legal legality. 2) The implementation procedure for a Siri Marriage in Mallusetasi District, Barru Regency is not much different from an official marriage. Siri marriages carried out in the village are legal if the harmony is fulfilled and the marriage is carried out by a local religious shop or Imam who is considered by the community to understand Islam. 3) Illegal Penghulu Authority in Siri Marriages in Mallusetasi District, Barru Regency. In fact, the celebrant does not have any authority but only helps the community to carry out their wedding. Even the informant himself still advised the public to take matters into their own hands with the KUA
Effectiveness of Legal AID Services on Community Property Cases in Marriage at Partner Legal AID Institutions Madani West Sulawesi Wawan; Zainal Said; Fikri; Sudirman L; Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024 - 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.v6i1.4754

Abstract

This research aims to analyze the problem of free legal assistance for weak and poor communities. These provisions are regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and Article 28D paragraph (1) which shows that everyone has the same position before the law and is entitled to legal protection. The state has legally regulated it in such a way that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically. The research results show that LBH Mitra Madani, as a structural institution, has provided legal assistance in litigation and non-litigation. Apart from that, LBH Mitra Madani also provides legal counseling, community organizing and training in the legal field. However, the obstacle is the lack of financial support from the government, because LBH Mitra Madani has not yet been accredited. There are 37 cases that have been assisted from 2019 to 2022, of which the cases handled by LBH Mitra Madani are predominantly civil cases. LBH Mitra Madani's obstacles in providing legal assistance include legal substance and legal structure factors. According to regulations, the legal assistance provided by LBH Mitra Madani to poor people should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. Apart from the substantial factors that constrain the effectiveness of LBH Mitra Madani in providing legal assistance, there are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).
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.
Co-Authors Abd Gaffar Abdul Rahman Awan Agus Muchsin Ali Rusdi M. Ali Rusdi Rusdaya Basri Sudirman Sudirman L Wawan Zainal Said