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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Sri Wahyuni, Yenny
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effect of Rejection of Itsbat Nikah on Inheritance (Study of Judges' Legal Considerations Number: 124/Pdt.G/2023/MS.Bna): Pengaruh Penolakan Itsbat Nikah Pada Kewarisan (Studi Terhadap Pertimbangan Hukum Hakim Nomor: 124/Pdt.G/2023/MS.Bna) Najla, Siti; Abubakar, Ali; Sri Wahyuni, Yenny
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 2 (2024): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v4i2.5976

Abstract

This research aims to explain judges' legal considerations from the perspective of procedural and substantive justice. This is because the decision 124/Pdt.G/2023/MS.Bna, which was a case where the application for a marriage registration was rejected and caused problems with the purpose of the marriage ceremony, thus affecting the position of the parties before and after the decision. In this research the author used qualitative research methods and a normative juridical approach, namely by examining the judge's decisions (content analysis). The judge's legal considerations are analyzed using the theory of justice (procedural and substantive) and compared with several other decisions. The results of the research show that the decision of the Banda Aceh Syar'iyah Court which was based on the provisions of the Compilation of Islamic Law resulted in everyone having the right to become heirs except the applicant, whereas if it was based on the provisions of fiqh the applicant had the right to become an heir because the applicant's marriage was valid in harmony and according to the requirements of Islamic law. . In considering decision 124/Pdt.G/2023/MS.Bna the judge sided with the nature of procedural justice only and ignored substantive justice, resulting in formal justice which was only guided by the law. If the judge uses extra-legal considerations and substantive justice, the itsbat application is very worthy of being accepted.
The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court Devy, Soraya; Bahri, Syamsul; Ariga, Selamat; Aslam Ahmad, Muhammad; Buchary Budiman, Mumtazinur; Sri Wahyuni, Yenny
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 2 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i2.10879

Abstract

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.
Divorce during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court: Perceraian Pada Masa Pandemi Covid-19 di Mahkamah Syar’iyah Lhokseumawe Yuhermansyah, Edi; Sri Wahyuni, Yenny; Mauliza, Nanda
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i2.1623

Abstract

The Corona virus has changed aspects of married life. Divorce is currently booming because of the Covid 19 virus. Divorce occurs due to several factors, in general the trigger for divorce cases to increase is due to the Covid-19 pandemic. Covid-19 has had a significant impact on all aspects of life, including the divorce application that occurred at the Lhokseumawe Syar'iyah Court. This study aims to determine and analyze the increase in divorce requests during the Covid-19 Pandemic at the Lhokseumawe Syar'iyah Court and the factors causing the divorce, as well as the judge's efforts to reduce the occurrence of divorces affected by Covid-19 at the Lhokseumawe Syar'iyah Court. This study uses a qualitative approach with the type of field research. While the data collected in the form of primary and secondary data, the data obtained using direct interview techniques and documentation. To make it easier to check the data, in checking the validity of the data, the researcher uses the triangulation method. From this research, the writer gets several conclusions. The results of the study found that during the Covid-19 pandemic divorce cases at the Lhokseumawe Syar'iyah Court experienced an increase, but the cause of the divorce could not be stated specifically the impact that occurred due to the Covid-19 pandemic or these causes had occurred before the pandemic. . Divorce cases during the COVID-19 pandemic were caused by several factors and the dominant factors were economic factors, there was no harmony or constant bickering resulting in domestic violence, leaving one side behind, as well as the judge's efforts to reduce divorces affected by COVID-19. 19 at the Lhokseumawe Syar'iyah Court, namely through mediation.
Co-Authors Ali Abubakar Ariga, Selamat Aslam Ahmad, Muhammad Buchary Budiman, Mumtazinur Edi Yuhermansyah Mauliza, Nanda Najla, Siti Soraya Devy Syamsul Bahri