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Journal : Journal of Sharia (JOSH)

Pasang Surut Otonomi Daerah dalam Kerangka NKRI Fadilah, Sariul; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 2 No. 02 (2023): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i2.538

Abstract

Indonesia is a unitary state formed by a republic. As a unitary state, Indonesia adheres to the principle of decentralization in governance. By giving the opportunity and flexibility to the regions to carry out regional autonomy as wide as possible. The authority of broad autonomy is the discretion of the region to organize government which includes the authority of most areas of government. Especially in a modern state, especially when it is associated with the notion of a welfare state, the number of government affairs cannot be identified, because the autonomy authority covers all aspects of people's lives, especially those related to service affairs and public interests. In addition to being very broad, government affairs can always expand in line with the expansion of the duties of the state and/or government. Likewise, Indonesia in carrying out regional autonomy has more or less adopted the concept of federalism so that it is feared that it will disrupt the stability of Indonesia as a unitary state, because after all the regions, within the unitary state of the Republic of Indonesia are an eenheidstaat, Indonesia will not have regions within its environment that are staat either. Thus the implementation of regional autonomy in a unitary state has its limits.
Putusan Hakim Mahkamah Agung tentang Dispensasi Kawin (Dispensasi Kawin dalam Sistem Hukum Indonesia) Ahmad Nailul Mubarok; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.930

Abstract

This article discusses the process of examining marriage dispensation cases prior to and following the enactment of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This paper was written using a qualitative research method, specifically normative and empirical juridical approaches. According to the findings of this study, the provisions of Supreme Court Regulation Number 5 of 2019 have explicitly regulated several things that are not specifically regulated in the formal and material rules governing marriage dispensation. The adoption of this regulation is anticipation and standardization for judges in making legal decisions so that court decisions pay more attention to the best interests of children when granting a marriage dispensation application.