Garuda - Garba Rujukan Digital

Pemaknaan Kewenangan Mengadili dalam Praktik Peradilan Perdata tentang Permohonan Penetapan Orang Hilang Perspektif Hukum Positif dan Hukum Keluarga Islam Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 4 No 1 (2020): January 2020
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Article 44, paragraph (4) of Law No. 24 of 2013 it is not clear which judicial body has the authority to determine the unclear whereabouts of a person because of missing or dead but his body was not found. For this reason, this research focuses on 2 (two) problems. First, the practice of civil justice regarding applications for the determination of missing persons. Second, the meaning of the authority to adjudicate in the practice of civil justice regarding applications for the determination of missing persons. This research is included in the theoretical research using a statute approach, case approach, and conceptual approach. The results of this study answer 2 (two) problems. First, in examining and adjudicating cases of petition for the determination of missing persons, the general court uses rules regarding the state of absence (afwezig) according to Article 467 and Article 468 of the Civil Code, while religious courts use a legal basis relating to inheritance law. Second, to examine and adjudicate cases for the application of missing persons, the authority of the general court is based on Article 467 and Article 468 of the Civil Code, while the authority of the religious court body still requires interpretation of the judge’s law on the subject matter, namely whether it has a connection with inheritance law or not. The case for appealing the missing person, as long as it is related to inheritance law, can reopen the option for Muslims to choose which judicial body to obtain legal certainty regarding the person’s absence.

Penggunaan Restatement untuk Menjelaskan Konsep-Konsep dalam Hukum Keluarga Islam Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 5 No 2 (2021): July 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Restatement can be a choice of writing method to explain legal concepts. Based on statutory regulations, doctrine and judges’ decisions, the restatement provides a comprehensive legal explanation. In Indonesia, restatements are developed and shared. Meanwhile, it becomes important to know the extent to which restatement is used by students. This research, which uses quantitative-descriptive and qualitative-descriptive approaches, found answers from students at the Islamic Family Law Study Program, Faculty of Sharia, IAIN Kediri. First, all students are still imperfect in compiling a resume using a restatement, because they do not use the judge’s decision as a source of compilation. The reason is that a softcopy of a copy of the judge’s decision regarding the concept to be explained is not available on the Decision Directory website which is managed by the Supreme Court of the Republic of Indonesia. In addition, for students who have obtained a softcopy of a copy of the judge’s decision, they are still confused about which part to use to explain a concept in Islamic family law. The percentage of students’ overall score achievement is still 62% (sixty-two percent). For that, secondly, there needs to be an effort to improve, namely through the preparation of teaching materials and socialization of how to prepare a resume using restatement strategies. The preparation of the teaching materials involved competent lecturers, judges and advocates. Third, the effort bore fruit: the resumes that the student revised were near perfection. Three authoritative sources have been used to explain a legal concept. The percentage of students’ overall grade achievement increased by 27% (twenty-seven percent), so that it became 90% (ninety percent).

Perkawinan Siri Sebab Tidak Memiliki Akta Perceraian dari Perkawinan Sebelumnya (Studi Kasus di Desa Sedayulawas Kecamatan Brondong Kabupaten Lamongan) Nadya Khoiriyah; Moh. Nafik; Moch. Choirul Rizal
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.218

The magnitude of the practice of unregistered marriages that occurred in Sedayulawas Village is the main point the problem in this research is that the factors are very diverse, ranging from pregnancy outside the marriage, economy, desire for polygamy, avoiding adultery, and divorce are not recorded. Then the factor that becomes the focus of this research is unregistered divorce (not before the Court) with the highest number of perpetrators, namely ten people who have an impact on the occurrence of a second marriage in a series, because there is one of the administrative requirements which cannot be fulfilled is the divorce certificate. The interesting thing about the serial marriage, which is carried out by the wife, which if it is considered in the positive legal status that applies in Indonesia, she is still married to her first husband. This type of research is classified as an empirical legal research type with a static socio-legal or legal sociology. The data analysis technique used in empirical legal research is to take a systematic and factual picture. The results showed that the practice of unregistered divorces that occurred in Sedayulawas Village, Brondong District, is caused by several things, such as the economy, lack of understanding of the importance of recording divorce, and distance Courts far from the village. The practice of unregistered divorce is carried out very diverse ranging from vows of divorce verbally and in front of the village mudin (not before the Court) whose position does not have permanent legal force or is not recognized by the state. Because the implementation of divorce must be in accordance with the rules applied both in Undang-Undang Perkawinan Nomor 1 Tahun 1974 and Kompilasi Hukum Islam, if it is done outside of these rules then the divorce is not valid though has complied with religious rules.

Perkawinan Siri Sebab Tidak Memiliki Akta Perceraian dari Perkawinan Sebelumnya (Studi Kasus di Desa Sedayulawas Kecamatan Brondong Kabupaten Lamongan) Khoiriyah, Nadya; Nafik, Moh.; Rizal, Moch. Choirul
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.218

The magnitude of the practice of unregistered marriages that occurred in Sedayulawas Village is the main point the problem in this research is that the factors are very diverse, ranging from pregnancy outside the marriage, economy, desire for polygamy, avoiding adultery, and divorce are not recorded. Then the factor that becomes the focus of this research is unregistered divorce (not before the Court) with the highest number of perpetrators, namely ten people who have an impact on the occurrence of a second marriage in a series, because there is one of the administrative requirements which cannot be fulfilled is the divorce certificate. The interesting thing about the serial marriage, which is carried out by the wife, which if it is considered in the positive legal status that applies in Indonesia, she is still married to her first husband. This type of research is classified as an empirical legal research type with a static socio-legal or legal sociology. The data analysis technique used in empirical legal research is to take a systematic and factual picture. The results showed that the practice of unregistered divorces that occurred in Sedayulawas Village, Brondong District, is caused by several things, such as the economy, lack of understanding of the importance of recording divorce, and distance Courts far from the village. The practice of unregistered divorce is carried out very diverse ranging from vows of divorce verbally and in front of the village mudin (not before the Court) whose position does not have permanent legal force or is not recognized by the state. Because the implementation of divorce must be in accordance with the rules applied both in Undang-Undang Perkawinan Nomor 1 Tahun 1974 and Kompilasi Hukum Islam, if it is done outside of these rules then the divorce is not valid though has complied with religious rules.

Title

Found 4 Documents
Search
Journal : MAHAKIM: Journal of Islamic Family Law

Abstract

Abstract

Abstract

Abstract

Title Search

Found 4 Documents Search Journal : MAHAKIM: Journal of Islamic Family Law

Abstract

Abstract

Abstract

Abstract

Title

Found 4 Documents
Search
Journal : MAHAKIM: Journal of Islamic Family Law