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Rekonstrusi Regulasi Harta Bersama Dalam Perkawinan Berbasis Nilai Keadilan Gender Sridepi, Sridepi; Nurcahaya, Nurcahaya
JAWI : Journal of Ahkam Wa Iqtishad Vol. 2 No. 3 (2024): JAWI - SEPTEMBER
Publisher : MUI Kota Pekanbaru

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This study, titled “Reconstruction of Joint Asset Regulations in Marriage Based on Gender Equity Values,” aims to reevaluate and redefine the management and distribution of joint assets in marriage to align more closely with principles of gender equity. Within Indonesian legal frameworks, joint assets are typically governed by principles that may still need refinement to ensure fair and balanced treatment for both spouses. Ideally, marriage laws should acknowledge asset rights not only from a legal perspective but also by incorporating gender equity values that promote equal rights and shared responsibilities between husbands and wives. The study employs a descriptive qualitative approach through library research, gathering data by examining legal texts such as laws, books, journals, and relevant legal documents. This approach enables the researcher to gain a comprehensive understanding of the current regulations on joint assets and to explore ways in which gender equity values could inform regulatory adjustments. The findings of this study are expected to offer recommendations for legislative frameworks on joint assets that prioritize not only legal entitlements but also equitable gender rights. This proposed reconstruction of joint asset regulations aims to establish a fairer legal foundation for marriage, fostering a marital system that supports gender equality and has a positive impact on both family life and society.

Eleven years consecutively coral reef rehabilitation in Tobok Batang, Bontang Prabuning, Derta; Simarangkir, Omega Raya; Prinanda, Muhammad Naufal; Prasetyo, Dimas; Nurcahaya, Nurcahaya; Nasoetion, Fawzia
Depik Vol 13, No 1 (2024): APRIL 2024
Publisher : Faculty of Marine and Fisheries, Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.13170/depik.13.1.33076

Coral reefs in Tobok Batang, a nearby estuary of Bontang Regency, have a vital role in the threatened ecosystem due to non-environmental-friendly fishing practices and a global threat in the form of coral bleaching. In response to these conditions, PT Pupuk Kalimantan Timur initiated the Kilau Samudera Program to support damaged coral reef recovery through community-based rehabilitation by developing and maintaining artificial reef modules. The study objective was, therefore, to determine the rehabilitation efficacy in Tobok Batang, through (1) coral growth informed by colony diameter, and (2) targeted reef fishes informed by abundance and biomass. Data was collected by purposive sampling in eleven clusters of three modules: pyramid, dome, and cube. The result shows that coral had been found attached in all these eleven clusters, while the targeted fishes had been found in most clusters. Clusters deployed in 2015 and 2017 have an average colony diameter of 30 cm (SE), the two highest among the other clusters. The highest abundance of corallivores was found in the cluster deployed in 2017 and 2020 (9 ind/100 m2). The highest herbivore abundance also was found in the cluster deployed in 2017 and 2020 (23 ind/100 m2), while its highest biomass was found in cluster 2020 only (40 kg/100 m2). The highest carnivore abundance was found in cluster 2017 only, with four fish per 100 m2 as well as the biomass in the same cluster (9kg/100 m2). All these cluster groups have provided new habitats in shallow waters, indicating that the cluster has a good position and probably good material composition that can trigger coral juveniles to attach, settle, and grow, which also became a unique habitat for some targeted reef fish. This study showed that the location and these three modules were proven effective for rehabilitating methods in damaged coral reefs.Keywords:Coral Reef,Rehabilitation,Tobok Batang,Bontang,Reef Fish

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

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

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.

Eleven years consecutively coral reef rehabilitation in Tobok Batang, Bontang Prabuning, Derta; Simarangkir, Omega Raya; Prinanda, Muhammad Naufal; Prasetyo, Dimas; Nurcahaya, Nurcahaya; Nasoetion, Fawzia
Depik Vol 13, No 1 (2024): APRIL 2024
Publisher : Faculty of Marine and Fisheries, Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.13170/depik.13.1.33076

Coral reefs in Tobok Batang, a nearby estuary of Bontang Regency, have a vital role in the threatened ecosystem due to non-environmental-friendly fishing practices and a global threat in the form of coral bleaching. In response to these conditions, PT Pupuk Kalimantan Timur initiated the Kilau Samudera Program to support damaged coral reef recovery through community-based rehabilitation by developing and maintaining artificial reef modules. The study objective was, therefore, to determine the rehabilitation efficacy in Tobok Batang, through (1) coral growth informed by colony diameter, and (2) targeted reef fishes informed by abundance and biomass. Data was collected by purposive sampling in eleven clusters of three modules: pyramid, dome, and cube. The result shows that coral had been found attached in all these eleven clusters, while the targeted fishes had been found in most clusters. Clusters deployed in 2015 and 2017 have an average colony diameter of 30 cm (SE), the two highest among the other clusters. The highest abundance of corallivores was found in the cluster deployed in 2017 and 2020 (9 ind/100 m2). The highest herbivore abundance also was found in the cluster deployed in 2017 and 2020 (23 ind/100 m2), while its highest biomass was found in cluster 2020 only (40 kg/100 m2). The highest carnivore abundance was found in cluster 2017 only, with four fish per 100 m2 as well as the biomass in the same cluster (9kg/100 m2). All these cluster groups have provided new habitats in shallow waters, indicating that the cluster has a good position and probably good material composition that can trigger coral juveniles to attach, settle, and grow, which also became a unique habitat for some targeted reef fish. This study showed that the location and these three modules were proven effective for rehabilitating methods in damaged coral reefs.Keywords:Coral Reef,Rehabilitation,Tobok Batang,Bontang,Reef Fish

Problematic Division of Inheritance in Personal Assessment and the Perspective of Islamic Law and Positive Laws Dalimunthe, Fikri Al Muhaddits; Syam, Syafruddin; Nurcahaya, Nurcahaya
Electronic Journal of Education, Social Economics and Technology Vol 6, No 1 (2025)
Publisher : SAINTIS Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33122/ejeset.v6i1.895

Inheritance distribution is an essential part of resolving the assets left by a deceased individual. However, problems arise when the inheritance includes not only personal assets but also assets registered under the name of a foundation. In Islamic law, inheritance can only be distributed from assets personally owned by the deceased. In contrast, under Indonesian positive law specifically Law No. 16 of 2001 in conjunction with Law No. 28 of 2004 on Foundations foundation assets are not considered the private property of the founder, but are part of a legal entity. This study aims to analyze the issues in inheritance distribution involving personal and foundation assets from the perspective of Islamic law and positive law. This research employs a qualitative method with a normative-juridical approach. The results indicate that the misuse of foundation assets as part of an inheritance often leads to conflicts among heirs. Therefore, a thorough understanding and harmonization between the two legal systems are necessary to ensure fair and lawful inheritance distribution.

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

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.

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