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Trubus Wahyudi
Universitas Islam Sultan Agung
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Juridical Review of the Legal Imposition of the Defendant in the Sued Divorce Case as the Implementation of Just PERMA No. 3 of 2017 Trubus Wahyudi; Masrur Ridwan
Journal of Advanced Multidisciplinary Research Vol 1, No 2 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (95.254 KB) | DOI: 10.30659/jamr.1.2.133-144

Abstract

The law enforcement paradigm regarding the legal imposition of the Defendant in the case of sued divorce lawsuit as the implementation of Perma No. 3 of 2017, the factor of law protection and justice for women and children's rights due to the divorce of their parents in the Religious Court is essential as the upholding of the rule of law and justice. Judges in adjudicating women's cases against the law must adhere to the following principles: respect for human dignity, non-discrimination, gender equality, equality before the law, justice, benefit and legal certainty. The process of adjudicating a divorce case, even if the initiative of the case is from the woman, her rights must be protected by the former wife, as well as the rights of her child. Normatively, the legal arrangements for the divorce case are Article 73 to Article 83 of Law Number 7 of 1989 Jonto Article 114 to Article 156 Compilation of Islamic Law, and as the initiator of the filing of the divorce case is the wife as the plaintiff. This study uses a sample of several decision objects in certain Religious Courts in the jurisdiction of the High Court of Religion, Central Java, through a series of research methods with a sociological juridical approach or social legal research, and data collection techniques through interviews and literature study. The implementation of Perma No. 3 of 2017 regarding the legal imposition of the Defendant in the case of sued divorce lawsuit in the Religious Court can be formulated in the form of a dictum of the Judge's decision "Condemnatur" as a court product that contains the rights of the former wife as the Plaintiff, as well as the rights of child support, fees sustainability of education and health that is just.
The Essence of Rationality Concept in Contracting Islamic Economics Business Trubus Wahyudi
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.21007

Abstract

This research aims to know the paradigm of sharia economic business contracting activities carried out by humans as God's caliphs on earth should be carried out in good faith and understand the concept of contractual rationality and the obligation to help each other in carrying out Islamic economic activities which aim, among other things, to worship Allah SWT. Humans are ordered to believe in the Day of Judgment, because all the behavior of human economic activities will be controlled and he is aware that all his actions will be held accountable later by Allah SWT. In the matter of contracting/agreements, Islam provides guidelines as stated in the letter Al Isra'(17) verse 34 which means: "And fulfill the promise, in fact the promise must be held accountable". The approach method used in this paper is the normative juridical approach. Normative juridical legal research is legal research carried out by examining the law legally as it is according to library materials or secondary data obtained and related to the material being studied. Secondary data is meant to collect data by means of library research in order to obtain a theoretical basis, which is grouped into 3 (three) legal materials, namely 1) primary legal materials, 2) Secondary legal materials. 3) Tertiary Legal Materials, namely legal materials that are supporting in nature to be able to provide instructions and explanations for primary and secondary legal materials. The purpose of discussing the article with the title Essence of the Concept of Rationality in Shari'ah economic business contracts is to reveal the very essence of how Islam provide a compass direction and solutions for various economic business contracting activities that are faced by humans in general, so that they get a handle on the boundaries of halal and haram related to the values contained in the teachings of Islam itself ; including the birth of a contract in a sharia economic business which is the main guide in contracting sharia economic business, therefore an actor in a sharia economic business contract must understand the concept of rationality in contracting sharia economic business, universally aiming to achieve mashlahah and or falah.
Co-Authors Masrur Ridwan