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All Journal As-Salam: Jurnal Studi Hukum Islam & Pendidikan Jurnal Hukum Lex Generalis Al-Afaq: Jurnal Ilmu Falak dan Astronomi Syakhshiyyah Jurnal Hukum Keluarga Islam Jurnal Hukum Islam Journal of Law and Legal Reform Indonesian Journal of Islamic Law (IJIL) Journal of Islamic Mubādalah Legitima : Jurnal Hukum Keluarga Islam
Sakirman
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Religion Humanities Astronomy Computer Science & IT Earth & Planetary Sciences Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RESPON TERHADAP REGULASI PERKAWINAN DI INDONESIA Sakirman
AS-SALAM Vol 2 No 1 (2013): TANTANGAN MEWUJUDKAN PENDIDIKAN HUMANIS & PENEGAKAN HUKUM ANTI RASIS
Publisher : LPPM STAI DARUSSALAM LAMPUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (167.038 KB) | DOI: 10.51226/assalam.v2i1.40

Abstract

Based on historical records, the demand to change the rules of marriagein Indonesia from pre-independence till now was initiated by the women’smovement and feminist. These cases had have at the beginning of the 20thcentury that women’s movement has influenced the world women in the3rd world. Thus, it have an effect for open the eyes of many people over theoppression of women as a result of the rules of conventional marriage andthe need for enforcement of women’s rights.
Pemahaman Masyarakat tentang Harta BersamaPerspektif Hukum Positif Indonesia Melinda, Nely; Sakirman
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7512

Abstract

Joint assets in marriage are a combination of all assets obtained after the formation of marital status through a legal bond and are also defined as assets that are owned by both parties (husband and wife) or assets in joint names that are acquired simultaneously by husband and wife during the marriage takes place. Indonesian Positive Law which consists of Law no. 16 of 2019 concerning Marriage, the Compilation of Islamic Law, and the Civil Code (KUHP) also regulates the use of joint property objects in marriage in harmony with each other, which states that each party has the same rights to joint property and One of the parties can act, such as transferring, donating or selling joint property with the consent of both parties. This research uses field research with qualitative methods which aims to gather information from the people of Central Metro Yosomulyo regarding understanding of joint property using the Indonesian positive law approach as an analytical tool. This research is normative-sociological in nature because this research uses Indonesian Positive Law as a reference, namely making humans or society as objects, by examining the understanding of the Yosomulyo community regarding collective property which is then analyzed by referring to the perspective of Indonesian Positive Law. The finding from this research is that the public's understanding of the rules for using joint marital property objects is not in accordance with normative rules.
KEPASTIAN HUKUM SMART CONTRACT DALAM PERSPEKTIF HUKUM PERDATA Sakirman; Akib, Ma'ruf; Umar, Wahyudi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal certainty in the application of smart contracts in the perspective of civil law is an important issue in the digital era. Smart contracts, which are computer code that automatically executes agreements, face challenges in meeting the legal requirements of traditional contracts. Previous research shows that while smart contracts offer transparency and efficiency, they often do not meet the validity criteria set out in civil law, as expressed by Herian and Abidin. In addition, there is an urgent need for clearer regulation regarding the legal status of smart contracts so that they can be integrated with existing legal systems, as discussed by Onufreiciuc and Stănescu. Therefore, this study aims to explore the legal certainty of smart contracts and their implications for civil law, as well as provide recommendations for better arrangements in the future.
Maturity as a Parameter of Readiness and Prevention of Early Marriage Risks: Medical and Sociological Review of Family Law Bayu Dwi Prasetiawan; Azmi Siradjudin; Sakirman
Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/a4vc7d53

Abstract

The problem that often occurs in early marriages is that they often experience arguments that stem from maturity issues. This has a huge effect on household harmony. Many young couples when faced with a problem, avoid it instead of solving it due to a lack of maturity. The researcher is a field researcher using a qualitative descriptive approach. This research was conducted in Punggur Subdistrict. The research findings are the parameters of women's maturity in family sociology, the age limit for marriage is 21 years for men and 18 years for women. Meanwhile, according to medical opinion, the maturity of women to marry by assessing the level of maturity of men and women to enter into marriage shows the age range above 20 years and above for women and 25 years for men. This is because getting married at the age of 20 in terms of health and psychological readiness is less risky, the fertility rate is higher and the eggs produced are good to reduce the risk of uterine cancer.
Reconstructing Ijtih?d in Unifications the Islamic Calendar: Jasser Auda's Maq?shid al-Shar?`ah Approach Muh Rasywan Syarif; Sakirman
AL - AFAQ : Jurnal Ilmu Falak dan Astronomi Vol. 7 No. 1 (2025): Juni 2025
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/afaq.v7i1.13229

Abstract

The determination of the beginning of the Hijri month often triggers differences among Muslims due to differences in methods between rukyat (hilal observation) and hisab (astronomical calculation), which have an impact on social fragmentation and uncertainty in the implementation of worship. This study offers a reconstruction of ijtih?d in determining the beginning of the Hijri month through Jasser Auda's maq?shid al-shar?'ah approach, which emphasizes holistic thinking, openness to change, and orientation to the benefit of the people. This research responds to two questions: (1) How can the maq?shid al-shar?'ah approach reconstruct ijtih?d in determining the beginning of the Hijri month? and (2) To what extent can unification of the Islamic calendar be achieved through the integration of rukyat and hisab methods based on maq?shid principles? The research method is qualitative with literature analysis and comparative study of classical fiqh books, contemporary fatwas, and astronomical documents related to the Neo-MABIMS criteria. The results show that this approach allows synergistic rukyat-hisab integration, strengthens legal certainty, accommodates the development of hilal observation technology, and makes the benefit and unity of the ummah as the top priority, in line with the principles of ?if? al-d?n, ?if? al-'aql, and ?if? al-ummah. This reconstruction of ijtih?d offers a new paradigm that is strategic, contextual, and inclusive, as a solution to reduce socio-theological differences and build a uniform and sustainable Islamic calendar
Resolving the Problems of Early Marriage in the Religious Courts: An Analysis of the Assessment of the Institute for the Protection of Women and Children Najib, Achmad; Sakirman; Fatarib, Husnul
Legitima : Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v6i2.5842

Abstract

Purpose – The main purpose of this research article is to analyze the significance of the assessment conducted by the Gunung Sugih Women and Children Protection Agency (LPPA) on marriage dispensation applications at the Gunung Sugih Class I B Religious Court. Methods – The Class 1B Gunung Sugih Religious Court serves as the location of a specific type of field research. This research used a juridical-empirical approach to gather information. Primary and secondary sources were used as data sources. Judges in charge of reviewing marriage dispensation cases and LPPAs who provided recommendations for judgment were the primary data sources. In contrast, all data not obtained from primary sources were considered secondary data sources in this study. Findings – The Women and Child Protection Agency (LPPA) of Gunung Sugih plays an important role in the marriage dispensation application process at the Religious Court Class I B Gunung Sugih. Their assessment is crucial as they conduct a thorough evaluation of the prospective bride and groom, taking into account their understanding of religious issues, psychological readiness, mental well-being, commitment to their future children, the stability of their children, and the family's financial situation. The ultimate goal is to ensure that decisions regarding marriage dispensation are taken following the principle of maslahah, which prioritizes the long-term welfare of both individuals and society.
Mubadalah as a Pillar of Family Resilience in Indonesia in Facing the Challenges of Information Disruption Fathul Muin; Farah Batrisyia Binti Mohd Ridzwan; Susi Nurkholidah; Diah Mukminatul Hasyimi; Sakirman
Journal of Islamic Mubadalah Vol. 2 No. 1 June (2025)
Publisher : Pondok Pesantren Darul Fata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/tamhse32

Abstract

This article is about the concept of mubadalah as a pillar of family resilience in Indonesia in facing the challenges of the era of information disruption. Family life in the era of information disruption faces major challenges, especially husband and wife relations. The purpose of this article is to analyze mubadalah as a pillar of household resilience in Indonesia amidst information disruption. This research method uses kualitative, data sources are obtained from library materials. The data analysis uses the theory of mutuality or mubadalah. The results of the study found that the era of information disruption has given rise to challenges for family life such as misinformation, decreased quality of interpersonal communication, technology addiction which has an impact on family disharmony. The concept of mubadalah has significant relevance in strengthening family resilience in Indonesia in facing these challenges. Mubadalah offers a holistic approach to maintaining family harmony and stability. The principle of mubadalah, which emphasizes justice, equality, and cooperation between family members, can be the main pillar in building relationships that are mutually supportive, respectful, and solution-oriented. Mubadalah is not only relevant as a religious concept, however also as a practical solution in responding to the increasingly complex social dynamics in the modern era.
Legal Reform and Mediation in Non-Litigation Dispute Resolution: A Case Study of Sebambangan Tradition Sainul; Ali, Zezen Zainul; Jafar, Wahyu Abdul; Sakirman
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20872

Abstract

Dispute resolution in indigenous communities tends to be based on family values. This is evident in the Sebambangan tradition where a man elopes with a girl and marries her as his wife. In these cases, dispute resolution is done through mediation (non-litigation) as it is considered more effective for creating harmonization, avoiding conflict, and justice. This research examines the process of non-litigation dispute resolution, namely mediation, in the tradition. This study is a qualitative study using a socio-legal approach. The study was conducted in the Mergo Sekampung indigenous community in East Lampung. Data were collected through observation and interviews with traditional leaders in five villages. The research findings show that the mediation process in the tradition begins with the male party apologizing for the mistakes made. This process is carried out in deliberation and is accompanied by traditional leaders as mediators. Mediation in Sebambangan is part of the living law that prioritizes kinship in dispute resolution. In positive law, the mediation process in the tradition of the Sekampung Marga community in East Lampung follows the material legal basis in Indonesia as in Article 1338 of the Civil Code and Articles 1851 to 1864 of the Civil Code concerning Peace. Thus, dispute resolution in the Sebambangan tradition makes it an alternative dispute resolution in a conflict carried out with family principles to achieve peace and contribute to legal reform in Indonesia and beyond.
Keluarga Sakinah Menurut Jamaah Tablig sakirman
Jurnal Hukum Islam Vol 15 No 2 (2017)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v15i2.986

Abstract

The sakinah (harmonious) family is the ideal family that every family dreams of. To build a sakinah family, it requires selective efforts, including choosing a candidate of wife/husband, holding engagement, organizing wedding, and running successful households. This present research focuses on the study of a sakinah family according to Jama’ah Tablig (JT), an ideological movement, deeming that JT attempts to realize the teachings of Islam consistently in accordance with the teachings that were modeled by the Prophet Muhammad (PBUH). For this reason, what is done by JT is not in line with the current era, especially the issues related to the balance between the rights and obligations in a family. It was library research and supported with interviewing some JT members. The research results reveal that the concept of a sakinah family in the JT members’ perspectives was not much different from the concept asserted in Islamic law. Nonetheless, the concept that was stated by the JT members was more textual in understanding the concept of a sakinah family in the nash (the Qur’an and Hadith).
Co-Authors Ali, Zezen Zainul Azmi Siradjudin Bayu Dwi Prasetiawan Diah Mukminatul Hasyimi Farah Batrisyia Binti Mohd Ridzwan Fathul Muin Husnul Fatarib Ma'ruf Akib Melinda, Nely Muhammad Rasywan Syarif Najib, Achmad Sainul Susi Nurkholidah Wahyu Abdul Jafar Wahyudi Umar