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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Usroh: Jurnal Hukum Keluarga Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH) Berasan: Journal of Islamic Civil Law
HAK, Nurmala
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Religion Humanities Astronomy Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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FAKTOR-FAKTOR KEGAGALAN MEDIASI PERKARA CERAI GUGAT TAHUN 2019 DI PENGADILAN AGAMA KELAS 1 A PALEMBANG Fathanna, Siti Nur; HAK, Nurmala; Sunaryo, Sunaryo
Usroh Vol 7 No 2 (2023): Usroh
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/ujhki.v7i2.19268

Abstract

This research is motivated by the large number of divorce cases being sued in the Class 1 A Palembang Religious Court and the low success rate of mediation, even in 2019 nothing was successful at all. The problems raised in this study are First, what are the factors for the failure of mediation for divorce cases in 2019 at the Class 1 A Religious Court in Palembang. Second, how are the efforts of the Class 1 A Palembang Religious Court to overcome mediation failures for the coming year. The method in this study used the field research research method, which is a type of field research where the data was obtained based on field surveys conducted by collecting information through interviews with mediator judges at the Class 1 A Religious Court in Palembang. The approach used in this study is analytical descriptive, which describes the research object as it is in accordance with the existence and information found. The results of this study are, First, the factors that have resulted in the failure of the mediation of divorce lawsuits in 2019, namely the limited time and energy possessed by the mediator judge, the absence of the parties, the lack of knowledge about mediation, the strong will of the parties which is difficult to reconcile , the interference of a third person, the commotion created during the mediation process. Second, the efforts of the Class 1 A Palembang Religious Court in overcoming mediation failures in divorce cases to be sued for the coming year, namely the Mediator will be changed from a judge to a non-judge who has a mediator certificate, the litigants must attend the mediation process without being represented by attorneys, the mediator must also improve excellent service, mediators must be serious and experienced and can handle the atmosphere during the mediation process. Keywords: Mediation; Divorce; Religious Court
KONSEP FIDUSCIAIRE EIGENDOMS OVERDRACHT DALAM KAJIAN FIQH MUAMALAH HAK, Nurmala; Yuswalina, Yuswalina
Nurani Vol 19 No 1 (2019): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v19i1.2711

Abstract

In Civil Law, a fiduciary guarantee is an agreement whereby the debtor binds its agreement to the creditor for the debt payable which makes proof of ownership of an object to be used as collateral for its debt. The agreement that occurs in a fiduciary guarantee called the accession agreement (additional agreement) is not the principal agreement of a loan agreement, to fulfill the achievements among the parties; the fiduciary guarantee must be registered with the fiduciary Registration Office. Whereas the fiduciary concept in Muamalah Fiqh according to the General Provisions of Fatwa DSN-MUI No. 68 / DSN-MUI / III / 2008 About Rahn Tasjily Fidusia is analogous to Rahn Tasjily. The concept of rahn tasjîly the râhin party binds the agreement to the murtahin, which is called the rahn tasjîly agreement by using a debt debt agreement accompanied by a collateral / guarantee in the form of evidence of ownership submitted to the murtahin. This means that the agreement contained in rahn tasjîly is an agreement that is accesoir because collateral in a debt in rahn tasjîly is an additional agreement. The difference between fiduciary guarantees and rahn tasjîly can be seen in terms of maintaining objects. In a fiduciary guarantee, the maintenance of objects that are used as collateral for debt is the obligation of the creditor but the maintenance costs are the responsibility of the debtor. Whereas in rahn tasjîly the maintenance of objects that are used as collateral for debt is not only the obligation of rahin, but can also be carried out by murtahin, while the equality can be seen from various aspects both in terms of definition, object, form of agreement, termination of agreement, and manner of execution goods. One of them is in terms of objects, fiduciary and rahn tasjîly guarantees that are the same as collateral for debt not the form of an object, but proof of ownership of the object. Keywords: Jaminan, fidusia, rahn, tasjîly.
THE STRATEGY OF OGAN ILIR DISTRICT’S OFFICE OF POPULATION CONTROL AND FAMILY PLANNING FOR ACTUALIZING THE PROSPEROUS FAMILY HAK, Nurmala
Nurani Vol 20 No 2 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.7136

Abstract

This research’s purpose is to know how is the implementation of Family Planning by the office of population control and family planning, women empowerment and child protection, for reaching a prosperous family, balanced population growth, two healthy kids (DAHSAT) in Indralaya Sub-district, OganIlir District, and also to know about the success that has been done by the office of population control and family planning in Indralaya Sub-district, such as come directly to the field (jemput bola) by using dedicated car (mobilkeliling), held a family planning counseling training for health workers and village hall workers, which the goals are to be able to give good service towards family planning acceptor achievement in Indralaya Sub-district, and mainly for achievement of family planning participants that using a contraception device MKJP and NON MKJP. This research used a descriptive research method with qualitative approach, expectedly be able to examine the achieved strategy in implementation of family planning such as by family planning counseling training in Indralaya Sub-district, OganIlir District. Based on the research’s result, the amount of family planning acceptors in year 2017 – 2019 showed a success attempt, this all been done by family planning counselling implementation called communication, information, and education (KB KIE) and also doing some coachings that called by the name of Tribina, Bina Balita, Bina Remaja, Bina Lansia, in Indralaya Sub-district, but in practice it is not maximally deliver good result, because of the limited number of trained counselling workers and the lacks of equipment required, the family planning counselling also has been done in parallel with Integrated Healthcare Center (Posyandu) activities and other related activites.
The Wage System Practices of Rubber Tappers in the Study of Sharia Economic Law HAK, Nurmala; Jannah, Miftahul
Nurani Vol 23 No 2 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i2.19909

Abstract

Every transaction should be conducted in writing to avoid disputes in the future. However, many still engage in verbal transactions based on trust and honesty, as seen in the wage system for rubber tappers in Betung Village. The main focus of this research is to examine the implementation of the wage system for rubber tappers in Betung II Village. The research objective is to assess the wage system for rubber tappers in Betung II Village from the perspective of Sharia Economic Law. The research methodology used is field research, conducted directly in the field, specifically in Betung II Village, Lubuk Keliat District, Ogan Ilir Regency. The research utilizes qualitative data with both primary and secondary sources. Data collection techniques include observation, interviews, and documentation. Data is analyzed using qualitative descriptive techniques. The findings reveal that the wage system for rubber tappers in Betung II Village is divided into two methods: a flat-rate system and a percentage system. Both systems begin with verbal agreements between the landowner and the rubber tapper, without witnesses. To date, no disputes have arisen among the parties. In Sharia Economic Law, this system fulfills the pillars and conditions of ijarah. The determination of wages also aligns with the principles of feasibility and virtue, except for the principle of justice. In the context of Sharia Economic Law, this study falls under istihsan bi al-urf, meaning istihsan based on customary practices.
Efektivitas Pelayanan Terpadu Satu Pintu (PTSP) di Kantor Urusan Agama (KUA) Kota Palembang Azhari, Ari; Ovianti, Ayu Andini; HAK, Nurmala; Zuraidah, Zuraidah
Berasan: Journal of Islamic Civil Law Vol. 2 No. 2 (2023)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v2i2.8841

Abstract

This research is motivated by regulations made and implemented by the Ministry of Religious Affairs in advancing the best service for the community. Based on this background, in this study there are two formulations of problems, namely 1) How to Implement One-Stop Integrated Services (PTSP) at the Office of Religious Affairs (KUA) Palembang City, 2) How is the Public View of One-Stop Integrated Services (PTSP) at the Office of Religious Affairs (KUA) Palembang City. The method used in this study is a descriptive qualitative method with data collection obtained from interviews and docuemtation at institutions and also the community and taking samples at 6 (six) Religious Affairs Offices (KUA) in Palembang city, namely 1) KUA Ilir Timur II, 2) KUA Ilir Barat I, 3) KUA Seberang Ulu I, 4) KUA Sukarami,  5) KUA Kalidoni, 6) KUA Sematang Bform. The results obtained in this study are that the implementation of the One-Stop Integrated Service (PTSP) at the Palembang City Religious Affairs Office makes a good service flow and is arranged in such a way that later it can provide services that are fast, easy, precise, and as needed through a clear flow and of course minimize illegal levies and in the view of the community the application of services at the Office of Religious Affairs (KUA) is very helpful.  Because, with this service can be beneficial for the community because it can make it easier for people to request and receive services properly, quickly and easily.
GENDER DALAM SUDUT PANDANG ANTROPOLOGI DAN ISLAM: Analisis Cerai Gugat Pada Tenaga Migran di Pengadilan Agama Trenggalek Arfaizar, Januariansyah; HAK, Nurmala; Yusdani, Yusdani; Chasanah, Latifatul
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 5 No. 2 (2023): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol5.iss2.art1

Abstract

Gender studies have always been used as a basic reference and have had a significant influence on the social sciences, both in general and specific terms. This basic reference is evident when examining the working relations between men and women, in various societal structures in different cultures. Therefore, the division of responsibilities between men and women is determined not only socially but also culturally, and, more importantly according to sociologists and anthropologists, not according to God's nature and will. This study uses a qualitative research method, the approach used is theology and anthropology. Misunderstanding of the position of men and women in culture must be explained by anthropologists and other social science activists. Where the label of independence in men and the indecision of women is only a label built by culture, especially patriarchal culture. Islam does not distinguish between men and women except for inherent natures such as giving birth and breastfeeding. In addition, Allah only differentiates his people based on their piety. Kajian gender senantiasa menjadikan acuan dasar serta berpengaruh secara signifikan terhadap ilmu-ilmu sosial, baik dalam pengertian umum maupun spesifik. Rujukan dasar tersebut tampak jelas pada saat mengkaji relasi kerja antara laki-laki dan perempuan, dalam berbagai struktur masyarakat dalam kultur yang berbeda. Karenanya, pembagian tanggung jawab antara laki-laki dan perempuan ditetapkan tidak saja secara sosial tetapi juga kultural, dan, lebih penting lagi menurut para sosiolog dan antropolog, bukan atas kodrat dan keinginan Tuhan. Penelitian ini menggunakan metode penelitian kualitatif, pendekatan yang digunakan adalah teologi dan antropologi. Kesalahan pemahaman akan kedudukan laki-laki dan perempuan dalam budaya, harus diuraikakn oleh antropolog dan penggiat ilmu sosial lainya. Dimana label indepensi pada laki-laki serta kebimbangan para perempuan hanya label yang dibangun oleh budaya terutama budaya patriarki. Islam tidak membedakan laki-laki dan perempuan kecuali kodrat yang melekat seperti melahirkan dan menyusui. Selain itu Allah hanya membedakan umatnya berdasarkan ketakwaanya saja.
Co-Authors Azhari, Ari Chasanah, Latifatul Fathanna, Siti Nur Januariansyah Arfaizar Miftahul Jannah Ovianti, Ayu Andini Sunaryo Sunaryo Yusdani Yusdani Yuswalina Yuswalina, Yuswalina ZURAIDAH ZURAIDAH