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All Journal RIO LAW JURNAL Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance IIJSE
Syahmedi, Ramadhan
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PROSEDUR HUKUM DAN PERTIMBANGAN ETIS DALAM PERMOHONAN IZIN POLIGAMI DI PENGADILAN AGAMA INDONESIA Lubis, Nanang Ardiansyah; Syahmedi, Ramadhan
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 2 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.390

Abstract

This study aims to explore and describe the judicial system in Indonesia, particularly the Islamic judicial system, as well as explain the legal process in terms of polygamy license applications in Indonesian Religious Courts. Analyze the ethical considerations that should be taken into account in applying for and deciding on a polygamy permit application. This research uses a qualitative approach with descriptive analysis. Data were collected from Islamic law literature, Law Number 1 of 1974 on Marriage, Compilation of Islamic Law (KHI), and Government Regulation Number 9 of 1975. The process of applying for a polygamy license involves several stages, including the submission of the application, summoning of the trial, examination and consideration, determination of the verdict, as well as the possibility of appealing the verdict. Ethical considerations in a polygamy license application emphasize the importance of justice, both financial and emotional, for the wife and children. The Qur'an and Hadith emphasize the importance of justice in polygamy. By carefully following these legal procedures and ethical considerations, it is hoped that the decision made by the Religious Court will reflect justice and the interests of all parties involved
Peran Pengadilan Agama dalam Mewujudkan Efektivitas Konsep Sedekah Bernegara Faruqi, Ahmad; Syahmedi, Ramadhan
RIO LAW JURNAL Vol 5, No 2 (2024): Vol.5 No. 2 2024
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/rlj.v5i2.1394

Abstract

Alms is a means provided by Islam as a form of social assistance to the community. If we look at the word sadaqah, it is taken from the Arabic word which means "justification", so alms is a form of self-justification for the existence of Islam. By embracing a democratic system, Indonesia cannot be separated from Islamic values, especially regarding human life socially. So the aim of this research is to analyze the role of Religious Courts in realizing the effectiveness of the state alms concept. The research method used is library research, data was collected by referring to publications on alms conflicts in religious courts and other scientific works. The results of the research show that the role of religious courts in matters of sadaqah is very, very important as supervisors and as mediators or places to resolve cases that arise regarding problems regarding sadaqah. The authority of the religious court in this matter is absolute and binding and each party must follow the series of courts and must follow every decision of the religious court.
Obstacles in the Management of Certification of Mosque Endowment Land in Perbaungan District (Implementation of Law Number 41 of 2004 Concerning Endowments) Damanik, Hilmiyah; Yamamah, Ansyari; Syahmedi, Ramadhan
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5627

Abstract

Waqf land certification in Indonesia has been governed by various regulations for decades, serving as essential authentic evidence for ensuring legal certainty of waqf land. However, data from the Perbaungan District Religious Affairs Office (KUA) in 2022 reveals that out of 88 mosque waqf lands, only 43 have been certified, while 45 remain uncertified. This situation arises due to numerous obstacles in the certification process, hindering the effective implementation of Law Number 41 of 2004 concerning Waqf. This empirical juridical study investigates the procedures and challenges in certifying mosque waqf land under the mentioned law. The study draws on primary and secondary data collected through observations, interviews, and documentation, and the data is analyzed using qualitative descriptive methods. The findings indicate that: 1) In Islamic law, waqf land certification is encouraged by the recommendation for documentation in muamalah as outlined in QS Al-Baqarah verse 282. The process and procedures are further regulated by Indonesian positive law. 2) Key obstacles include a lack of information and outreach, inadequate professionalism of waqf nazhir, administrative complexity, costs, and low public legal awareness.
Co-Authors Damanik, Hilmiyah Faruqi, Ahmad Lubis, Nanang Ardiansyah Yamamah, Ansyari