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Furqan, Ana Amalia
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Nikah dan Rujuk di KUA Samarinda: Implementasi Peraturan Pemerintah Nomor 48 Tahun 2014 Tentang Tarif Atas Jenis Penerimaan Negara Bukan Pajak Furqan, Ana Amalia
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (611.3 KB) | DOI: 10.21093/mj.v15i2.635

Abstract

The implementation of Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue which revises the Government Regulation No. 47 of 2004 has become an important topic in marriage bureaucracy in Indonesia. Changes in these regulations include the rate or cost of marriage and marriage reconciliation, from IDR 30,000, - to IDR 600,000, - as long as the marriage solemnization is performed outside the Religious Affairs Office (KUA) or beyond the KUA business hours. As for marriage solemnization performed in the KUA, the charge fee is IDR 0.00. This zero rupiah rate also applies to citizens who are economically less fortunate as well as victims of disasters. After one year of  its implementation, some questions arise regarding the efficacy of these regulations. By employing three case studies of KUAs in Samarinda Seberang district as a research strategy, this study aims to assess how far is the implementation of the regulation in the KUAs and what sorts of constraints encountered. The study finds that all of the procedures of payment and the cost of marriage and marriage reconciliation in the three KUAs of Samarinda Seberang is in accordance with the provisions of the regulation. However, there are two main obstacles experience: first, the time period for cashing marriage and marriage reconciliation fee is pretty long that it renders difficult for the KUAs to function; second, the lack of marriage registrars who serve in every KUA in Samarinda. These obstacles are needed to be addressed by the Ministry of Religious Affairs in order to better serve the society. Keywords: mariage and mariage reconciliation in Indonesia, Religious Affairs Office in Samarinda, Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue.
The Difference of a Child (Walad) Concept in Islamic Inheritance Law and its Implications on The Decisions of the Religious Courts in Indonesia Furqan, Ana Amalia; Alfitri, Alfitri; Haries, Akhmad
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.033 KB) | DOI: 10.21093/mj.v17i2.1212

Abstract

This article is based on the fact that there is still the disparity of decisions among the Religious Court Judges on heirs, especially a child (walad), when handling the inheritance disputes. This is because there is a general provision of the meaning of walad contained in the Indonesian Compilation of Islamic Law (KHI) in which it includes both a son and a daughter. In addition, there is no obligation for Religious Court Judges to use the KHI as the basis for legal considerations, allowing for some Religious Court Judges to use the classical Islamic Jurisprudence (fiqh) as the legal basis in deciding a case. This article aims to investigate the impact of the general concept of walad (a child) and measures should be taken the Government to accommodate the legal reference material for Religious Court Judges, especially the KHI and the classical Islamic Jurisprudence (fiqh). It employs normative legal research which primarily examines the decisions of the Religious Courts in East Kalimantan, specifically Samarinda, Tenggarong and Tanah Grogot. The findings reveal that since there is no obligation for the Judges to use the KHI, referring to the classical Islamic Jurisprudence when giving legal considerations and deciding cases of inheritance is not against the procedural law in Indonesia. Yet, this measure potentially creates the disparity of decisions in the Religious Courts since the fiqh differs in determining who the walad is: merely sons or include both sons and daughters. This has frustrated the objective of the KHI as the codification of Islamic Law in Indonesia which unites the differences of opinions in the fiqh and, thus, assures legal certainty in resolving the disputes. Hence, the government should enact the KHI as a Law in Indonesia in order to end the forum of choice for the Judges in basing their decisions so that the disparity of decisions in the Religious Court minimized and legal certainty assured for the justice seekers.Keywords: Islamic inheritance law, walad, fiqh, religious court's decision.
Co-Authors Akhmad Haries Alfitri Alfitri