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All Journal Mazahibuna: Jurnal Perbandingan Mazhab Al-Bayyinah Constitutional Law Review
Aris, Ismail
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Religion Environmental Science Law, Crime, Criminology & Criminal Justice

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Legal Implications of the Constitutional Court Decision No. 18/PUU-XI/2013 on Simplifying Birth Certificate Registration Procedures in Indonesia Maulana, Esty; Amir, Irfan; Sari, Muspita; Aris, Ismail
Constitutional Law Review Vol. 3 No. 1 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i1.5602

Abstract

This study analyzes the legal implications of the Constitutional Court Decision Number 18/PUU-XI/2013 on Indonesia's birth certificate registration, particularly for late registrations exceeding one year. Prior to this decision, late registrations required a court decree from the District Court, creating a significant burden for the public. The Court's ruling eliminated the need for a court decree, transferring full authority to the Civil Registry Office (Disdukcapil) for issuing late birth certificates. This decision introduces a fundamental shift in the registration process, simplifying administrative procedures and improving public access to civil registration services. However, it also presents challenges related to the validity of documents issued by Disdukcapil. The study finds that Disdukcapil must enforce rigorous verification procedures to ensure the legitimacy of birth certificates and prevent misuse. The findings indicate that the Court's decision positively impacts public access to essential services but highlights the necessity for strict oversight and enhanced service quality at Disdukcapil. These measures are crucial for ensuring that the decision effectively delivers fair and reliable legal protection for all citizens.
Wife's Consent as a Valid Condition for Reconciliation: A Juridical Study of Articles 164 and 165 of the Compilation of Islamic Law L, Yusri; Aris, Ismail; Fadila, Anisa Sri; Putri, Melani; Maharani, Erzy Aurelia
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8692

Abstract

This research discusses the issue of a wife's consent as a valid requirement for reconciliation (a legal study on Articles 164 and 165 of the Compilation of Islamic Law). It aims to determine the rights of a wife in reconciliation based on the Compilation of Islamic Law and the Islamic legal perspective on the position of a wife's consent rights in reconciliation as a valid requirement for reconciliation. To gather data on this issue, library research was conducted. The data obtained were analyzed using inductive, deductive, and comparative methods. Furthermore, a juridical-normative and juridical-theological approach was used in analyzing the data. In Islamic law, the authority to reconcile is an absolute right of the husband during the iddah period. Meanwhile, the Compilation of Islamic Law implicitly states that the consent and approval of the wife are valid requirements for reconciliation; in other words, it may be declared invalid by a ruling from the Religious Court. The text regarding the wife's rights in reconciliation, as outlined in the Compilation of Islamic Law, has a contextual meaning that enables the wife to access administrative benefits, guarantees, and legal protection from the state. Because the state only serves and recognizes the event of reconciliation if there is an authentic document in the form of a Marriage Certificate Extract. It does not annul the lawful reconciliation according to Islamic law. On the contrary, the existence of principles in Islamic law actually emphasizes the need to achieve public welfare and to reject or prevent anything that has the potential to cause harm.
Local Wisdom, Islamic Law, and Criminal Law in Higher Education: A Preventive Framework against Bullying through Pangadereng Culture and a Compassion-Based Curriculum Nawawi, Jumriani; Lisma; Aris, Ismail; Hamzah; Nursyam, Andi Resky; Baharuddin, A. Zamakhsyari
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.65077

Abstract

In the study of fiqh jināyah, bullying is classified as a jarīmah (criminal act) that threatens the preservation of life (ḥifẓ al-nafs) and protection of dignity (ḥifẓ al-‘irḍ), ultimately leading to the deterioration of human relationships. This study analyzes the implementation of a compassion-based curriculum grounded in Pangadereng values within higher education institutions as a preventive framework (sadd al-żarī‘ah) against bullying. The research employs a qualitative method with phenomenological and fiqh approaches. Primary data were collected through in-depth interviews and observations conducted in four regencies in South Sulawesi, namely Bone, Soppeng, Wajo, and Sinjai. The findings indicate that the harmonization of Pangadereng values within the compassion-based curriculum conceptually occupies the position of ‘urf ṣaḥīḥ, serving as a behavioral guideline for the Bugis community. Empirically, the curriculum has proven effective in preventing bullying by shaping students’ perspectives to promote mutual respect and empathy. The transformation of local wisdom functions as a mechanism to block pathways to criminal behavior in accordance with the concept of sadd al-żarī‘ah and aligns with the objectives of Islamic law within the framework of maqāṣid al-sharī‘ah. This study concludes that integrating local wisdom into character education can serve as a form of Islamic public policy (siyāsah shar‘iyyah) aimed at fostering a more humanistic educational environment. Furthermore, this study enriches the discourse of contemporary fiqh al-jināyah by positioning living societal values as a strategic framework for mitigating violence in academic settings.
Co-Authors Amir, Irfan Baharuddin, A. Zamakhsyari Fadila, Anisa Sri Hamzah Jumriani Nawawi L, Yusri Lisma Maharani, Erzy Aurelia Maulana, Esty melani putri Nursyam, Andi Resky Sari, Muspita