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The Role of the Namora Natoras Mandailing Traditional Institutions in Forced Marriage in Affairs Cases Nasution, Muhammad Idris; Adly, Muhammad Amar; Nurcahaya, Nurcahaya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i1.2298

Abstract

Forced marriage has no legitimacy in Indonesian marriage law, and is instead categorized as a crime of sexual violence. However, these forms of forced marriage are still common, especially in the case of adultery, as happened in Mandailing, and gain legitimacy from its customary institutions. The purpose of this article is to describe how the role and perception of Namora Natoras in forcing an adulterer's marriage to the principle of consent of the bride and groom. This juridical-empirical research was conducted by collecting data through interviews and other secondary data. The data was processed qualitatively by using content analysis. The results show that Namora Natoras plays an effective role as a customary justice institution in cases of forced marriage in adultery cases, in order to fill the legal vacuum. In Namora Natoras' perception, forcing an adulterer to marry an adulteress is a customary sanction, as an effort to find a balance of nature and provide a deterrent effect, preventing children from being born out of wedlock, a form of repentance, and a form of protection for women to avoid worse perceptions from society. Namora Natoras is of the view that forcing adulterers to marry is more beneficial than upholding the principle of consent of the bride and groom in this case in order to protect the rights of women and children
The Traditional Wedding Feast of the Nias Gunungsitoli Muslim Community: Positive Law Perspective and Maqāṣid Ash-Sharī`ah Gulo, Hadyan; Syam, Syafruddin; Nurcahaya, Nurcahaya
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.4413

Abstract

The traditional Nias wedding procession of Gunungsitoli City studied relates to famasao marafule, which is divided into fanema marafule, baru safusi and kofo. Problem formulation: 1). How is the procession of the traditional wedding feast carried out by the Nias Muslim community in Gunungsitoli City? 2). How is the procession of the traditional wedding feast carried out by the Nias Muslim community of Gunungsitoli City from the perspective of positive law? 3). How is the procession of traditional marriage feasts carried out by the Muslim community of Nias Gunungsitoli City from the perspective of maqāṣid ash-sharī`ah? Analysing these problems using positive law and maqāṣid ash-sharī`ah approaches. Perspective of Positive Law, contrary to Article 106 of the Civil Code, contrary to Article 3 of KHI because it does not realise sakīnah, mawaddah and raḥmah. The traditional marriage procession of Nias Muslims in Gunungsitoli City is contrary to Article 34 paragraph (1) and paragraph (2) of Law Number 1 of 1974 concerning Marriage, the marriage procession of famasao marafule (fanema marafule, baru safusi), the husband and wife cannot carry out their obligations, the husband does not want to provide maintenance because his wife does not live with him, while the wife cannot take care of her household because she still lives with her parents. The procession of the traditional Nias marriage ceremony in Gunungsitoli City with the condition that the husband and wife live together implemented by the Nias Muslim community in Gunungsitoli City from the perspective of Maqāṣid ash-Sharī`ah violates ḥiẓhud dīn and ḥifẓul `aql in Maqāṣid ash-Sharī`ah.
Influence of Service Quality, Customer Satisfaction and Commitment to Customer Loyalty among Banking Consumer Nurcahaya, Nurcahaya; Junaidi, Junaidi; Anwar, Suhardi Mappe
Fokus Bisnis Media Pengkajian Manajemen dan Akuntansi Vol. 21 No. 2 (2022): Fokus Bisnis
Publisher : LP3M Universitas Putra Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32639/fokbis.v21i2.212

Abstract

This study aims to determine the effect of service quality, customer satisfaction, and commitment on customer loyalty at Bank BRI. This research method uses quantitative methods with a population of customers who save at the BRI Persero Palopo branch of the bank. The sample used is 320 respondents, and the data is measured using a numerical scale (numbers). After the analysis, the results obtained showed that service quality has a positive effect on commitment, customer satisfaction has a positive effect on commitment, and commitment has a positive effect on loyalty.
Violation of The Law in The Case of Divorce Verstek Muzakir, Muzakir; Yazid, Imam; Nurcahaya, Nurcahaya
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 12 No 1 (2023): (June)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.38982

Abstract

The research aims to answer the problem of legal violations in verstek divorce cases. This research is an empirical legal research with a qualitative approach, and data collection in this research uses observation, interview, and data analysis techniques. This research found that in verstek divorce cases, violations of the law can occur if there are violations of procedures or rights guaranteed by law in the divorce process. The following are some examples of legal violations that may occur in verstek divorce cases, namely violation of the rights of absent parties, non-compliance with procedural requirements, violation of the rights of absent parties in the decision, fraud or manipulation in the divorce process. Forms of violation of taklik talak which are used as reasons for filing for divorce, among others, leaving the wife for 2 consecutive years, not providing mandatory maintenance for 3 months, hurting the wife's body / body or, neglecting or not caring for the wife for 6 months or more. Keywords: Violations Law; Divorce; Verstek
Implementation Management of Law No. 33 of 2014 Concerning Halal Product Guarantee in Jambi Province Nurcahaya, Nurcahaya; Daryanto, Mahbub; Taufiq, M.
el Buhuth: Borneo Journal of Islamic Studies el Buhuth: Borneo Journal of Islamic Studies, 6(2), June 2024
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (Center for Research and Community Services), Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/el-buhuth.v6i2.7753

Abstract

Management of the implementation of Law No. 33 of 2014 aims to achieve an increase in the making of halal certificates for business people in Jambi province. To find out how the management of the implementation of the law, data collection was carried out with a qualitative approach through interviews, observations, and documentation methods to the Halal Task Force under the Ministry of Religion of Jambi Province. The results of the study found that the management of the implementation of Law No. 33 of 2014 in Jambi Province uses collaborative management. All activities are well planned, and supervision and inspection are carried out by the Halal Product Guarantee Agency (BPJPH), the Halal Examining Agency (LPH), and the Indonesian Ulema Council (MUI) in accordance with the job descriptions listed in the law. The division of tasks is carried out centrally and supervisory authority applies decentrally. Planning, implementation, and supervision involve BPJPH, LPH, MUI, Ministry of Religious Affairs, local government, private sector, and the community. The study recommends that the central and regional governments encourage the acceleration of halal certificates by maximizing socialization in each ministry and providing assistance to micro and small businesses.
EFEKTIVITAS PEMBELAJARAN MATEMATIKA MELALUI PEMBELAJARAN AKTIF TIPE EVERYONE IS A TEACHER HERE (ETH) PADA SISWA KELAS X SMA NEGERI 8 TAKALAR Wahyuddin, Wahyuddin; Nurcahaya, Nurcahaya
Al-Khawarizmi Vol 2 No 1 (2018): Al Khawarizmi: Jurnal Pendidikan dan Pembelajaran Matematika
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jppm.v2i1.4500

Abstract

This type of research was pre-experimental research (one group pretest-posttes design) which involved a class as an experimental class that aimed to determine the effectiveness of the Everyone Is A Teacher Here (ETH) Active Learning Model in Mathematics learning at 10th grade students in SMA Negeri 8 Takalar. This study referred to the criteria of the effectiveness of learning, namely: (1) individual learning completeness, gain and classical, (2) students’ activity in learning process, and (3) students’ response in learning process, (4) improvement of students' mathematics learning outcomes after the application of active learning model type Everyone Is A Teacher Here.Subjects in this study were students of class X MIA 3 SMA Negeri 8 Takalar as many as 30 students. The research was conducted for 6 meetings. Data collection techniques used are the test of learning outcomes, student activity observation sheets and the implementation of learning, and questionnaire responses of students. Data analysis techniques used were descriptive analysis to describe the learning outcomes, student activities, learning implementation, and student responses and infrensial analysis with normality test and hypothesis testing with One Sample t-test. The results shown that: (1) the average score of students' mathematics learning outcomes before being applied Active learning model Type Everyone Is A Teacher Here (ETH) was 85.7 and in the high category, where 27 students or 90% reach individual completeness, 3 students or 10% did not reach the completeness of individuals and this mean that the completeness of the classical was achieved with a normalized gain value of 0.78 in the high category. (2) Student activity in following learning with average percentage of student active activity is 83,3%. (3) The average of learning activity is 3.57 and it was in the category was done very well. (4) Student response to learning mathematics with Active Learning Model Type Everyone Is A Teacher Here (ETH) students who responded positively with the percentage of 85.1% and 14.9% of students who responded negatively. Thus it can be concluded that the Active Model of Learning Type Everyone Is A Teacher Here (ETH) was effectively applied in learning mathematics of students of class X SMA Negeri 8 Takalar.
Analisis Peran Guru dalam Pembentukan Karakter Disiplin Peserta Didik SDN 024 Rambah Samo Sari, Nauli Tama; Hasibuan, Nur Sahdiah; Rosalia, Rosalia; Nurcahaya, Nurcahaya
MUDABBIR Journal Research and Education Studies Vol. 5 No. 2 (2025): Vol. 5 No. 2 Juli-Desember 2025
Publisher : Perkumpulan Manajer Pendidikan Islam Indonesia (PERMAPENDIS) Prov. Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56832/mudabbir.v5i2.2005

Abstract

Pembentukan karakter disiplin pada peserta didik sekolah dasar merupakan aspek fundamental dalam mencapai tujuan pendidikan nasional. Penelitian ini bertujuan untuk menganalisis peran guru dalam pembentukan karakter disiplin peserta didik di SDN 024 Rambah Samo. Penelitian menggunakan pendekatan kualitatif dengan metode deskriptif. Data dikumpulkan melalui observasi, wawancara mendalam dengan guru kelas, guru BK, serta kepala sekolah, dan dokumentasi tata tertib sekolah. Hasil penelitian menunjukkan bahwa guru memiliki peran strategis melalui tiga bentuk peran utama, yaitu sebagai teladan, pembimbing, dan pengelola kelas. Peran guru sebagai teladan diwujudkan melalui kedisiplinan pribadi, ketepatan waktu, konsistensi perilaku, serta komunikasi positif. Sebagai pembimbing, guru memberikan penguatan, arahan, konseling sederhana, dan pemantauan perilaku peserta didik. Sebagai pengelola kelas, guru menerapkan aturan kelas, rutinitas, reward and punishment, serta strategi disiplin positif sesuai prinsip Kurikulum Merdeka. Penelitian juga menemukan bahwa faktor keluarga, lingkungan teman sebaya, dan fasilitas sekolah turut memengaruhi keberhasilan pembentukan disiplin. Berdasarkan temuan tersebut, dapat disimpulkan bahwa optimalisasi peran guru menjadi kunci dalam membentuk karakter disiplin. Rekomendasi penelitian ini meliputi peningkatan pelatihan disiplin positif bagi guru, penguatan kolaborasi sekolah, orang tua, serta penyusunan program pembiasaan yang lebih sistematis.
Dinamika Hukum Keluarga Islam Kontemporer di Indonesia: Tantangan dan Pembaruan Rahmani, Ilham; Akbarizan, Akbarizan; Nurcahaya, Nurcahaya
Tazkir: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 11, No 2 (2025)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tazkir.v11i2.18409

Abstract

This study aims to analyze the dynamics of contemporary Islamic family law in Indonesia, with a focus on the historical evolution of the Religious Courts (PA), the Compilation of Islamic Law (KHI), and reforms such as Law Number 16 of 2019 concerning the age of marriage. The study also identifies the driving factors for social change renewal, the diversity of schools of thought, reformist thought (Muhammad Abduh, Munawir Syadzali), globalization, and human rights commitments (CEDAW, KKG), as well as challenges such as disparities in judicial decisions and textualist resistance. The research method is qualitative with a normative juridical approach and literature study, analyzing secondary data from classical/contemporary Islamic legal literature, regulations, court decisions, and fatwas of scholars through content analysis and deductive-inductive reasoning techniques. The results of the study show the evolution of Islamic family law from the ratification of the PA (Law 14/1970) to the KHI (Presidential Instruction 1/1991) and the reforms of the Reformasi era, which adopted takhayyur-talfiq for legal unification amidst the diversity of schools of thought. Reform faces obstacles such as different judges with different sentences, the failure of the Compilation of Islamic Law (CLDKHI), and conservative resistance, although breakthroughs such as raising the marriage age reflect the adaptation of the maqasid of sharia to modern issues (online unregistered marriages, digital domestic violence). Practical implications include recommendations for legislators, religious court judges, and the Religious Affairs Agency (Badilag) to harmonize sharia and human rights through maqasid-based training, community education, and contextual ijtihad to achieve gender justice and family protection.
Batasan Kewajiban Nafkah dalam Upaya Preventif Cerai Gugat: Studi Pada Pengadilan Agama Kota Pekanbaru Niko, Ferlan; Akbarizan, Akbarizan; Nurcahaya, Nurcahaya
Tazkir: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 11, No 2 (2025)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tazkir.v11i2.18515

Abstract

The increasing number of divorce cases in Indonesia, particularly due to the failure to fulfill alimony obligations, indicates structural problems in the practice of Islamic family law and its implementation in the Religious Court. The lack of clarity regarding the normative and operational boundaries of fair and proportional alimony often triggers domestic conflicts that lead to divorce. This study aims to analyze the limits of alimony obligations in divorce cases in the Religious Court of Pekanbaru City and assess its role as a preventive instrument for divorce. The study uses a qualitative approach with a juridical-empirical method combined with normative-doctrinal analysis. Data was obtained through a study of divorce decisions from 2019 to 2023 and in-depth interviews with judges and court officials. The analysis was conducted descriptively and analytically using the perspectives of family law protection, gender justice, and maqasid al-syari'ah. The results of the study show that the significant increase in divorce lawsuits is influenced by the non-fulfillment of financial support, both absolutely and relatively, which is exacerbated by the absence of clear standards for adequate financial support in judicial practice. Financial support is understood not only as a minimum financial obligation but also as an instrument of relational justice that affects family stability. This study concludes that affirming the contextual and operational limits of alimony obligations has the potential to become a preventive instrument for divorce. The implications of this study emphasize the need to strengthen alimony assessment standards, family law education, and more responsive and equitable judicial policies.
Revitalization of Islamic Family Law Through the Management of Islamic Philanthropy Based on Zakat, Infaq, and Alms Romi, Muhammad; Akbarizan, Akbarizan; Nurcahaya, Nurcahaya
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.425

Abstract

This study examines the revitalization of Islamic family law through strengthening the management of Islamic philanthropy based on zakat, infaq, and sedekah (ZIS) in response to the increasing socio-economic challenges of modern Muslim families. The main problem lies in the weak implementation of family law, which is often influenced by economic conditions, such as alimony, divorce, and child protection. This study aims to analyze the strategic contribution of ZIS management in strengthening the function of Islamic family law. The research method uses a library study approach with content analysis of primary and secondary literature related to ZIS, family law, and national zakat regulations. The results show that ZIS plays a significant role in increasing family economic resilience, reducing the potential for domestic conflict, and strengthening the implementation of family law norms through measurable socio-economic support. Institutional integration between zakat institutions and religious courts has proven crucial for expanding access to assistance for vulnerable families and supporting fairer dispute resolution. The implications of this study include the urgency of strengthening ZIS governance and opportunities for further research on the digitalization model of synergy between zakat and religious courts in Islamic family law reform.