Garuda - Garba Rujukan Digital

INTERPRETATION OF JUDGES TOWARD FASID AND BATIL MARRIAGE Hidayat, Fitri
TRUNOJOYO LAW REVIEW Vol 1, No 1 (2019): Februari
Publisher : Faculty of Law Universitas Trunojoyo Madura

Legal marriage in Islam is in accordance with the pillars and conditions. The pillars and conditions are fulfilled, then a marriage is considered as legitimate. This research will look at several court stipulation and decisions relating to this matter. Stipulation of Religious Court of Bangli Number 01/Pdt.P/2011/PA.Bgl, Decision of Religious Court of Denpasar Number 50/Pdt.G/2011/PT.Dps Stipulation of Religious Court of Polewali Number 93/Pdt.P/2016/PA.Pwl, Stipulation of Religious Court of Banjarbaru Number 80/Pdt.P/2017/PA.Bjb, Stipulation of Religious Court of Banjarbaru Number 179/Pdt.P/2017/PA.Bjb, Stipulation of Religious Court of Number 182/Pdt.P/2017/PA.Bjb, Decision of Religious Court of Pekanbaru Number 0042/Pdt.G/2017/PTA.Pbr. The stipulation and decision are different in material requests and claims, but the focus is on the interpretation of judges about the legitimacy of marriage, which then discusses fasid marriage and batil marriage. A broken marriage because the pillars and conditions are not appropriate. The judge views the greatest importance, namely the interests of the child so that in his decision, even though the marriage is fasid the child remains legitimate child. According to researchers in the stipulation and decision there are marriages that should be interpreted as batil, but interpreted as fasid. The judge interprets all illegitimate marriages as fasid marriages even though they are supposed to be batil. Because what is not fulfilled is the pillar. The judge uses the views of the Hanafi madzab to interpret. The judge does this because he emphasizes the best interests of the child so that no child is considered child out of marriage. The judge only thinks about the interests of the children civil rights that are born in illegitimate marriage. The judge in deciding also put forward the sharia maqasid. Judges here use teleological interpretations as well as extensive interpretation by expanding the meaning of fasid marriage.

Sema No. 2 Tahun 2023: antara Kebebasan, Syariat, dan Pluralisme Hukum Hidayat, Fitri; Putrijanti, Aju
Notarius Vol 17, No 3 (2024): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v17i3.68032

ABSTRACTCircular Letter of the Supreme Court (SEMA) No. 2 of 2023 clarifies regulations related to interfaith marriage in Indonesia. This article analyzes the SEMA from the perspective of human rights in Islam about interfaith marriage. It also explores whether the regulation is in line with the principles of human rights in Islam. Using a legislative approach, a conceptual approach, and a systematic interpretation as well as teleology, it was concluded that SEMA Number 2 of 2023 concerning interfaith marriage is a step that tries to solve social problems in Indonesia, which are multicultural and multireligious. From the perspective of Islamic human rights, the freedom to choose a spouse remains recognized, but is limited by sharia principles aimed at protecting religion and heredity.Keywords: SEMA; Freedom; Islamic Law; Legal PluralismABSTRAKSurat Edaran Mahkamah Agung (SEMA) Nomor 2 Tahun 2023 memperjelas regulasi terkait perkawinan beda agama di Indonesia. Artikel ini menganalisis SEMA tersebut dalam perspektif hak asasi manusia, khususnya mengenai kebebasan untuk melakukan perkawinan dan kebebasan beragama dengan perspektif hukum Islam. Juga mengeksplorasi apakah regulasi tersebut selaras dengan prinsip-prinsip hak asasi manusia dalam Islam. Menggunakan pendekatan perundang-undangan, pendekatan konsep, serta penafsiran sistematis juga teleologi, disimpulkan bahwa SEMA Nomor 2 Tahun 2023 tentang perkawinan beda agama adalah langkah yang mencoba untuk menyelesaikan persoalan sosial di Indonesia, yang multikultural dan multiagama. Dari perspektif hak asasi manusia Islam, kebebasan untuk memilih pasangan tetap diakui, tetapi dibatasi oleh prinsip-prinsip syariat yang bertujuan untuk melindungi agama dan keturunan.Kata Kunci: SEMA; Kebebasan; Syariat; Pluralisme Hukum

Judge's Advice in the Decisions of Marriage Dispensation Cases: Analysis Based on PERMA No. 5 of 2019 Maharani, Tiara; Hidayat, Fitri; Suwardiyati, Rumi
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.14190

The Qur'an and al-Sunnah as the main sources of Islamic law and guidelines for the lives of Muslims do not explain in detail and in depth the concept of husband's Nafkah to his wife. This requires the Mujtahids and their successors to perform Ijtihad in an effort to interpret the intentions of Shari'. One of the line of scholars who performed ijtihad so as to pour it into a work was Sheikh Zainuddin al-Malibari in his work Qurat al-'Ain which was further elaborated in more depth and detail by the Nusantara Syarh specialist Sheikh Nawawi al-Bantani in his work Nihayat al-Zein. Therefore, the purpose of this paper is to describe and explain the thoughts of Sheikh Nawawi on his in-depth elaboration of the Matn Qurrat al-'Ain. The approach used is Qualitative with the type of library research on the book of Nihayat al-Zain with the specification of text analysis. In order to get more comprehensive study results and to examine the relevance of Sheikh Nawawi's thoughts in the contemporary era, the Intertextual approach, the Reinterpretation approach and the Relevance approach are used. The result is the thought of Sheikh Nawawi on the concept of Nafkah, in some ways it is still relevant to be applied in the contemporary era and even requires an elitist life. But in some ways it is less relevant and even not applicable if confronted with the opinions of other figures.

The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly. This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.

KESADARAN HUKUM PENCATATAN PERKAWINAN PENGHAYAT KEPERCAYAAN SAPTA DARMA DI KOTA MALANG Halan, Jovita Dwi Caroline; Hidayat, Fitri; Suwardiyati, Rumi

Publisher :

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36859/jdh.v7i2.4696

Sapta Darma belief adherent couples in Malang City are legally obligated to register their marriages with the Department of Population and Civil Registration (Dispendukcapil), in accordance with Law Number 24 of 2013 concerning Population Administration. Although adherents of local religions have been legally recognized, in practice, many couples have yet to officially register their marriages. This research aims to analyze the level of legal awareness among Sapta Darma adherents regarding marriage registration in Malang City. This research is a type of socio legal research that uses sociological jurisprudence approach. Primary data were obtained through interviews with informants, while secondary data were gathered from law and official document. The population in this research is Sapta Darma adherent couples as well as leaders and elders of the Sapta Darma Citizens Association (Persada) in Malang City. The sample in this research uses non-probability sampling using the quota sampling method and that are analyzed using qualitative descriptive analysis. Based on the results of the research, the legal awareness of Sapta Darma belief-based couples in Malang City is not yet optimal, or can even be categorized as lacking legal awareness. Although most couples possess basic knowledge about the obligation to register their marriages, their legal attitudes do not fully comply with the applicable legal provisions. The state has, in fact, provided a clear legal foundation to guarantee the rights of believers. However, the existence of such legal regulations is not sufficient to ensure their effective implementation.

Supreme and Constitutional Court’s Decisions on Permission of Ex-Corruptors to be Parliamentary Candidates : Whose Rights Should be Protected ? Susmayanti, Riana; Hidayat, Fitri
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

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

Along with the trend of many Parliamentary members being caught in corruption, Law No. 7/2017 on General Elections apparently allows ex-corruptor to run for or be nominated as Parliamentary members. Parliamentary is an institution that has the legislative power to form laws (including the Anti-Corruption Law, etc). Allowing ex-corruptors to run for Parliamentary candidate means that the seriousness of this country's fight against corruption is questionable. This study analyzes the permissibility of ex-corruptors to become parliamentary candidates based on KPU Regulation 20/2018 and 31/2018, Law 7/2017, Supreme Court Decision No. 46 P/HUM/2018 and Constitutional Court Decision No. 87/PUU-XX/2022. Moving on from that analysis, this normative juridical research is intended to answer the legal issues : 1) What is the human rights perspective of ex-corruptors regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? and 2) What is the human rights perspective of other citizens regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? Using the case, conceptual and statutory approach, the author aims to show that it is not only the human rights of ex-corruptors that must be protected, but also the human rights of the other citizen to get members of Parliament who are clean from corruption. Some previous studies discuss former corruptors as parliamentary candidates, such as Agus Amelia Virismanda Vantri (2019 and also Andri Yanto and Faidatul Hikmah (2023), but none have examined human rights from the perspective of former corruptors and citizens of other countries. When the author presented this paper at an international conference, it turned out that ex-corruptors becoming parliamentary candidates is also a problem in other countries, making this theme important for foreign readers.

Parameter of Compulsory Wills in The Right of Inheritance for Stepchildren: Parameter Wasiat Wajibah dalam Hak Waris Bagi Anak Tiri Saleh, Farah Labita Putri Insyira Maharani; Sulistyarini, Rachmi; Hidayat, Fitri
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.1

This Research examines the parameters that determine whether a stepchild is entitled to an obligatory will (wasiat wajibah) and includes a legal issue—that is, a legal vacuum in the regulation of wasiat wajibah for stepchildren. This legal vacuum is evident from the absence of explicit norms in Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI), which opens up the possibility of differing interpretations at the level of the religious courts. Accordingly, the researchers then sought an accurate formulation for determining those parameters using normative juridical research with an approach based on legislation, conceptual analysis, and case studies to observe the evolving materials of parameters in each case where judges apply the parameter in their decisions, grounded in the principles of justice, benevolence (maslahah), legal certainty, legality, and textual-legal foundations.To realize legal certainty while remaining aligned with the principles of legal progressiveness, judges often apply qiyās to the provisions on adopted children by considering the principles of justice, public benefit (maslahah), as well as emotional and caregiving relationships. This dynamic illustrates the efforts of the religious judiciary to maintain legal certainty in harmony with substantive justice. Based on these findings, this study recommends that the Supreme Court, the Ministry of Religious Affairs, and national regulatory bodies promptly establish explicit formal regulations concerning compulsory wills (wasiat wajibah) for stepchildren, either through a revision of the Compilation of Islamic Law (KHI) or through a Supreme Court Circular (SEMA) as a uniform juridical guideline. Such regulations should include objective criteria—such as the duration of caregiving and the degree of emotional closeness—so that judges no longer rely solely on individual interpretation. Accordingly, legal protection for stepchildren can be realized through norms that are clear, definite, and reflective of both justice and public welfare.

Title

Found 7 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 7 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 7 Documents
Search