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Legal Compliance of Education Providers Against Article 53 Paragraph (1) of Law No. 20 of 2003 Concerning the National Education System (Case Study: M3 Vocational High School) Simamora, Cici Paramitha; Songgirin, Amin
Sinergi International Journal of Law Vol. 1 No. 1 (2023): May 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.42

Article 53 paragraph 1 of the 2003 law concerning the National Education System is the absence of compliance caused by internal foundation conflicts so that legal compliance is legal compliance with Education Providers Against Article 53 Paragraph (1) of Law No. 20 Year drafted by Soerjono Sukamto related to Compliance, identification , internalization is not described at all related to SMK M3. Legal compliance was not carried out due to a foundation conflict which has also not received legal certainty to date. The problem in this thesis is how the M3 Vocational High School's Legal Compliance Against Article 53 Paragraph (1) Law No. 20 of 2003 Concerning the National Education System What is the legal standing of M3 Vocational High School Against Article 53 Paragraph (1) Law No. 20 of 2003 concerning the National Education. The research method used is research on the legal standing of the M3 Vocational High School against Article 53 Paragraph (1) of Law No. 20 of 2003 concerning the National Education System. The research method used is empirical research using field data. Data analysis was carried out in a qualitative normative way. The results of the study show that the government's indecisiveness towards educational institutions that do not use legal entities is of course based on history, meaning that this M3 school was founded before the foundation conflict was not a new school establishment. According to the author, the government also prioritizes students' rights in pursuing education and indirectly private schools are schools that assist the government in educating the nation's children.

Reinterpretation of the Meaning of Bait Al-Māl: Study of the Compilation of Islamic Law Articles 191 and 171 Letter I Songgirin, Amin
Sinergi International Journal of Law Vol. 1 No. 1 (2023): May 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i1.43

This research discusses the reinterpretation of the meaning of the bait al-māl through a normative-descriptive method with several approaches, namely regulatory analysis, language and double movement theory (looking at the historical background-events and conditions of society), to be seen in the present context. The interpretation of the meaning of the bait al-māl actually places the role and function of the Prophet Muhammad SAW, both as an institution and manager, so that in the present context, the institution is an institution that manages and develops the assets of Muslims, the results are used for the benefit of meeting the basic needs of life and the welfare of the Muslim community. (especially the group of orphans, the poor, the neglected, many in debt due to the basic necessities of life, and ibn sabīl) and non-Muslims. In respect of inheritance for which there are no heirs, the management institution must understand that it represents the eternal nature of the property and the distribution of its benefits is intended only for the welfare of Muslims, as is the nature of inheritance.

Hak Harta Bersama dan Waris Janda Dari Perkawinan Poligami Yang Tercatat Tanpa Izin Dari Pengadilan Agama Faisal, Fedhli; H. Faisal; Songgirin, Amin
UNES Law Review Vol. 7 No. 3 (2025)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i3.2415

Penelitian ini mengkaji hak atas harta bersama dan warisan bagi janda dalam perkawinan poligami yang terdaftar di KUA tanpa izin Pengadilan Agama dengan pendekatan legislatif dan studi kasus melalui analisis putusan pengadilan. Surat Edaran Mahkamah Agung (SEMA) No. 2 Tahun 2019 menyatakan bahwa perkawinan poligami tanpa izin pengadilan dan dilakukan dengan itikad buruk tidak menimbulkan akibat hukum terhadap harta bersama dan warisan, tetapi tidak dapat dibatalkan jika salah satu pihak telah meninggal dunia. Putusan Pengadilan Tinggi Agama Banjarmasin No. 14/Pdt.G/2021/PTA.Bjm. bersama dengan Putusan Pengadilan Agama Kotabaru No. 339/Pdt.G/2020/PA.Ktb. menyatakan bahwa istri kedua dalam perkawinan poligami tanpa izin pengadilan tetap berhak atas harta bersama dan warisan. Jika suami meninggal tanpa anak, janda memperoleh seperempat bagian; jika memiliki anak, bagian warisnya menjadi seperdelapan. Dengan demikian, meskipun perkawinan tidak mendapat izin pengadilan, janda tetap memiliki hak hukum atas harta bersama dan warisan.

Hak Harta Bersama dan Waris Janda Dari Perkawinan Poligami Yang Tercatat Tanpa Izin Dari Pengadilan Agama Faisal, Fedhli; H. Faisal; Songgirin, Amin
UNES Law Review Vol. 7 No. 3 (2025)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i3.2415

Penelitian ini mengkaji hak atas harta bersama dan warisan bagi janda dalam perkawinan poligami yang terdaftar di KUA tanpa izin Pengadilan Agama dengan pendekatan legislatif dan studi kasus melalui analisis putusan pengadilan. Surat Edaran Mahkamah Agung (SEMA) No. 2 Tahun 2019 menyatakan bahwa perkawinan poligami tanpa izin pengadilan dan dilakukan dengan itikad buruk tidak menimbulkan akibat hukum terhadap harta bersama dan warisan, tetapi tidak dapat dibatalkan jika salah satu pihak telah meninggal dunia. Putusan Pengadilan Tinggi Agama Banjarmasin No. 14/Pdt.G/2021/PTA.Bjm. bersama dengan Putusan Pengadilan Agama Kotabaru No. 339/Pdt.G/2020/PA.Ktb. menyatakan bahwa istri kedua dalam perkawinan poligami tanpa izin pengadilan tetap berhak atas harta bersama dan warisan. Jika suami meninggal tanpa anak, janda memperoleh seperempat bagian; jika memiliki anak, bagian warisnya menjadi seperdelapan. Dengan demikian, meskipun perkawinan tidak mendapat izin pengadilan, janda tetap memiliki hak hukum atas harta bersama dan warisan.

Interfaith Marriage Between a Muslim Man and a Woman from People of the Book According to Article 40 C of the Compilation of Islamic Law (Analysis of Decision Number: 959/Pdt.P/2020/PN. Bdg., Dated. 2 December 2020 Irvani, Firman Arief; Songgirin, Amin; Abubakar, Ibrahim
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.10

Interfaith marriage is a very sensitive issue to discuss. The debate over the rules for interfaith marriages is caused by differences in interpretation of the verses of the Koran which explain the laws of marriage. Scholars agree that the marriage of a Muslim woman to a non-Muslim man is invalid. Regarding the marriage of Muslim men to non-Muslim women, there are differences of opinion. If the woman is a Mushrik woman then the marriage is invalid, whereas if the woman is a People of the Book, there are still scholars who view the marriage as valid and there are also those who view it as invalid. With various considerations, both from the verses of the Koran, the hadith of the Prophet Muhammad, and the rules of fiqh, the Compilation of Islamic Law (KHI) as a guide for Religious Court judges to decide cases regarding matters of marriage, inheritance and waqf among Muslims has prohibited firmly and clearly the marriage of a Muslim man to a woman from the People of the Book and vice versa, the marriage of a Muslim woman to a man from the People of the Book. The result of this prohibition is that children resulting from interfaith marriages are classified as illegitimate children who do not have any relationship with their father and only have a civil relationship with their mother.

Application for Marriage Dispensation for Minors Based on Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (Analysis of Religious Court Determination Number 79/Pdt.P/2018/PA.Msb) Asmadillah, Siti; Songgirin, Amin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.11

Prevention of marriage at a young age becomes difficult to implement with the existence of a marriage dispensation in the Religious Courts. If you see the permissibility of carrying out child marriages, this certainly raises a question mark about the legal certainty given by the judge. The purpose of this research is to find out the legal certainty of an underage marriage dispensation application in accordance with the principles of marriage and KHI and to find out the Islamic view of the Marriage Law on Court Decree No.79/Pdt.P/2018/PA.Msb The research method is descriptive normative. The data was obtain from a literature study. The results of this study are that the legal certainty of judges is not in line with the fundamental of marriage according to the law but in line with the fundamental of marriage according to Islamic law, so in deciding the request for dispensation of marriage the judge is more inclined to the fundamental of Islamic law.

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk) Ameliah, Elvita; Songgirin, Amin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October 2023
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.14

Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.

Judicial Reasoning in Cumulative Divorce and Child Custody Cases Involving Financial Neglect: A Case Study of Decision No. 5139/Pdt.G/2020/PA.Tgrs Katamsyah, Johan; Songgirin, Amin
Journal of Islamic Law and Legal Studies Vol 2 No 1 (2025): Journal of Islamic Law and Legal Studies
Publisher : Mabadi Iqtishad Al Islami

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70063/-.v2i1.87

This study analyzes the judicial reasoning in a cumulative family law case involving a wife’s petition for divorce and child custody due to her husband’s failure to provide financial support. Using a normative-empirical legal research method, the research focuses on case No. 5139/Pdt.G/2020/PA.Tgrs at the Tangerang Religious Court. The findings reveal that the court acknowledged economic neglect as a legitimate ground for divorce and upheld maternal custody for the underage child based on Article 105 of the Compilation of Islamic Law. The judge’s decision also reflected a balanced approach between formal legal provisions and Islamic ethical principles such as maslahah (public interest) and justice. This dual reasoning framework enhances both the legal legitimacy and moral authority of the religious courts. The research contributes to the discourse on integrated legal reasoning in pluralistic systems and highlights the importance of protecting women and children's rights in family law proceedings.

The legal consequences of errors in the determination of heirs in the perspective of the compilation of Islamic law (A study of decision no. 0417/Pdt.P/2022/PA.Mlg) Songgirin, Amin
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.1033

This study aims to analyze the errors in the determination of heirs in the Religious Court of Malang Decision Number 0417/Pdt. P/2022/PA.Mlg and examine its legal consequences based on the Compilation of Islamic Law (KHI) in Indonesia. This study employs a normative juridical approach by reviewing the provisions of Article 185 of the KHI, various schools of Islamic jurisprudence (madzhab), and Gustav Radbruch’s theory of justice as analytical tools. The findings reveal that the judge’s determination, which classified Applicants II, III, and IV as dzawil arham, constitutes a misjudgment because, normatively, they are entitled to inheritance as substitute heirs. This error leads to legal consequences in the form of the loss of inheritance rights that should have been granted to the descendants of the testator’s sister, potentially creating legal uncertainty and further disputes. From the perspective of fiqh, although the Syafi’ i school rejects the concept of substitute heirs, the Hanafi and Maliki schools recognize the transmission of inheritance rights through both vertical and collateral lines of descent. The KHI accommodates the latter view to realize substantive justice within Islamic inheritance law in Indonesia. This study underscores the necessity of progressive legal reasoning (rechtsvinding) that aligns with maqāṣid al-sharī‘ah, so that judicial decisions are not merely textually grounded but also reflect the values of justice and social welfare.

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