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Praktik Pembagian Waris Anak Angkat Perspektif Hukum Islam, Kompilasi Hukum Islam, Hukum Perdata dan Hukum Adat di Desa Surabayan Kabupaten Lamongan R. Zainul Mushthofa; Siti Aminah; Dendik Irawan
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.153

The presence of a child in the household is highly anticipated and expected for all families, but not all families can experience having children so that families must adopt children. In Javanese custom, the adoption of a child is carried out with the aim of being an inducement for families who have not yet been blessed with children, because the Javanese indigenous people believe that by adopting a child as an inducement, the family will later be blessed with their own child. But from the adoption of the child resulted in blood relations and inheritance, whereas in Islamic law this is not the case. The problems in this thesis are, How is the practice of adopting children in Surabayan Village, Sukodadi District, Lamongan Regency, How to determine the number of inheritance rights for adopted children in Surabayan Village, Sukodadi District, Lamongan Regency and what are the views of Islamic Law, Civil Law, and Customary Law regarding inheritance rights of adopted children in Surabayan Village, Sukodadi District, Lamongan Regency. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and Javanese customary law, while secondary data is in the form of theories and legal norms as well as other supporting data obtained from literature, documentation and village biographies. All of these data are used to describe a review of Islamic law regarding inheritance for adopted children in the perspective of Javanese customary law.

Tinjauan Hukum Pidana terhadap Kekerasan dalam Rumah Tangga R. Zainul Mushthofa; Siti Aminah
JOSH: Journal of Sharia Vol. 1 No. 02 (2022): Juni : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i2.162

The family is a social unit in society that has a very large role and influence in the family in social and personality development of each family member requires its own organization and needs the head of the household as an important figure who leads the family in addition to several other family members. A family is called harmonious if all members feel happy which is marked by the absence of conflict, tension, disappointment and satisfaction with the situation (physical, mental, emotional, and social). social) all family members. This legal research is a descriptive research and is included in the type of normative or doctrinal legal research. Location of research in the library and types of secondary data sources. Data collection techniques used are document studies, in the form of laws and regulations, books, journals, papers, articles and others. Analysis of the data used is content analysis (Content of analysis). Based on this research, it was found that domestic violence is a crime category (crime) in general. There are two formulations of problems that must be studied, namely: forms of domestic violence and legal protection for victims of violence. The form of domestic violence is any act against a person, especially a woman, which results in physical, psychological, and neglect of the household, including threats to commit acts, coercion or deprivation of liberty against the law and within the household.

Analisis Peraturan Bupati No 27 Tahun 2021 tentang Pedoman Pencalonan, Pemilihan, Pengangkatan, Pelantikan, dan Pemberhentian Kepala Desa di Kabupaten Sampang (Studi Kasus Penundaan Pemilihan Kepala Desa di Kabupaten Sampang) R. Zainul Mushthofa; Siti Aminah; Siropi Siropi
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): Januari : JOSH: Journal of Sharia
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i1.179

The election of the village head is one of the most popular forms of a democratic party. This village-level election is an arena for political competition that is very effective if it can be used for political learning for the community. At this moment, the community will determine who the village leader will be for the next 5 years. Many forms of democratic parties have been held in our current political life. The presidential election (Pilpres), the regional head election (Pilkada) for the Governor, the Regent election (Pilbup) and the Legislative Election (Pileg). Not to forget is the Village Head Election (Pilkades). It is so interesting for me to examine more deeply about the culture of this village head election. However, the party was only a name that rang in the ears of the people of Sampang. Initially this party which was scheduled to be held at the end of 2021, but it was all just a discourse that the community was waiting for, now there is only hope, because with the Sampang Regent Regulation No. 27 of 2021, the fate of the 111 villages affected by this postponement will depend on the Acting Positions appointed by the Sampang Regent. Therefore, many people think that the handling of the village government will not be as conducive as the village head, which the community chooses directly democratically because the election of the village head is elected directly because those who are directly elected have a different sense of responsibility from the Acting (Stakeholders) who Every six months an evaluation must be carried out. The research method used in this study is a qualitative research method with a descriptive approach where the researcher goes directly to the field where the object of research and research instruments are used to collect data is by conducting an observation, interview and documentation. The results of this study are that with the regent's regulation No. 27 of 2021, the simultaneous election of 111 Village Heads will be carried out in 2025, so that Villages that are forced to postpone the Village Head elections will be replaced with Acting Positions. appointed directly by the Regent who was taken from the ASN (State Civil Apparatus) from the Sampang Regency itself. Keywords: Delayed Election of Village Heads in Sampang Regency.

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

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

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 : Institut Pesantren Sunan Drajat Lamongan, Indonesia

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

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.

Praktik Pembagian Waris Anak Angkat Perspektif Hukum Islam, Kompilasi Hukum Islam, Hukum Perdata dan Hukum Adat di Desa Surabayan Kabupaten Lamongan R. Zainul Mushthofa; Siti Aminah; Dendik Irawan
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.153

The presence of a child in the household is highly anticipated and expected for all families, but not all families can experience having children so that families must adopt children. In Javanese custom, the adoption of a child is carried out with the aim of being an inducement for families who have not yet been blessed with children, because the Javanese indigenous people believe that by adopting a child as an inducement, the family will later be blessed with their own child. But from the adoption of the child resulted in blood relations and inheritance, whereas in Islamic law this is not the case. The problems in this thesis are, How is the practice of adopting children in Surabayan Village, Sukodadi District, Lamongan Regency, How to determine the number of inheritance rights for adopted children in Surabayan Village, Sukodadi District, Lamongan Regency and what are the views of Islamic Law, Civil Law, and Customary Law regarding inheritance rights of adopted children in Surabayan Village, Sukodadi District, Lamongan Regency. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and Javanese customary law, while secondary data is in the form of theories and legal norms as well as other supporting data obtained from literature, documentation and village biographies. All of these data are used to describe a review of Islamic law regarding inheritance for adopted children in the perspective of Javanese customary law.

Tinjauan Hukum Pidana terhadap Kekerasan dalam Rumah Tangga R. Zainul Mushthofa; Siti Aminah
JOSH: Journal of Sharia Vol. 1 No. 02 (2022): 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.v1i2.162

The family is a social unit in society that has a very large role and influence in the family in social and personality development of each family member requires its own organization and needs the head of the household as an important figure who leads the family in addition to several other family members. A family is called harmonious if all members feel happy which is marked by the absence of conflict, tension, disappointment and satisfaction with the situation (physical, mental, emotional, and social). social) all family members. This legal research is a descriptive research and is included in the type of normative or doctrinal legal research. Location of research in the library and types of secondary data sources. Data collection techniques used are document studies, in the form of laws and regulations, books, journals, papers, articles and others. Analysis of the data used is content analysis (Content of analysis). Based on this research, it was found that domestic violence is a crime category (crime) in general. There are two formulations of problems that must be studied, namely: forms of domestic violence and legal protection for victims of violence. The form of domestic violence is any act against a person, especially a woman, which results in physical, psychological, and neglect of the household, including threats to commit acts, coercion or deprivation of liberty against the law and within the household.

Analisis Peraturan Bupati No 27 Tahun 2021 tentang Pedoman Pencalonan, Pemilihan, Pengangkatan, Pelantikan, dan Pemberhentian Kepala Desa di Kabupaten Sampang (Studi Kasus Penundaan Pemilihan Kepala Desa di Kabupaten Sampang) R. Zainul Mushthofa; Siti Aminah; Siropi, Siropi
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i1.179

The election of the village head is one of the most popular forms of a democratic party. This village-level election is an arena for political competition that is very effective if it can be used for political learning for the community. At this moment, the community will determine who the village leader will be for the next 5 years. Many forms of democratic parties have been held in our current political life. The presidential election (Pilpres), the regional head election (Pilkada) for the Governor, the Regent election (Pilbup) and the Legislative Election (Pileg). Not to forget is the Village Head Election (Pilkades). It is so interesting for me to examine more deeply about the culture of this village head election. However, the party was only a name that rang in the ears of the people of Sampang. Initially this party which was scheduled to be held at the end of 2021, but it was all just a discourse that the community was waiting for, now there is only hope, because with the Sampang Regent Regulation No. 27 of 2021, the fate of the 111 villages affected by this postponement will depend on the Acting Positions appointed by the Sampang Regent. Therefore, many people think that the handling of the village government will not be as conducive as the village head, which the community chooses directly democratically because the election of the village head is elected directly because those who are directly elected have a different sense of responsibility from the Acting (Stakeholders) who Every six months an evaluation must be carried out. The research method used in this study is a qualitative research method with a descriptive approach where the researcher goes directly to the field where the object of research and research instruments are used to collect data is by conducting an observation, interview and documentation. The results of this study are that with the regent's regulation No. 27 of 2021, the simultaneous election of 111 Village Heads will be carried out in 2025, so that Villages that are forced to postpone the Village Head elections will be replaced with Acting Positions. appointed directly by the Regent who was taken from the ASN (State Civil Apparatus) from the Sampang Regency itself. Keywords: Delayed Election of Village Heads in Sampang Regency.

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

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

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.

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