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All Journal LEGAL BRIEF Indonesian Journal of Shariah and Justice Archipelago: Jurnal Pengabdian Kepada Masyarakat Iain Ternate

Baharuddin Baharuddin

Institut Agama Islam Negeri (IAIN) Ternate

Author-ID : 2644428

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

Batal Demi Hukum: Poligami Tanpa Persetujuan Isteri: Studi Kasus POLDA Provinsi Maluku Utara Muhammad Zaber Wahid; Baharuddin Hi. M.A Hi. Abdullah
Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Marriage Law in Indonesia adheres to the principle of Monogamy. That is, a husband can only have a wife. But in the applicable law, polygamy is possible on several conditions including a wife's license and authorized by the court. In practice, many polygamy practices carried out without the wife's knowledge are even done "sirri" or nikah under the hands. This research aims to analyze the practice of polygamy without the consent of one party in the perspective of civil law and Islamic law in the city of Ternate, how the legal settlement of marriage cases without the consent of one party in the North Maluku police and the religious court of Ternate city, the purpose of the study to analyze marriage (Polygamy) without the consent of either party in the perspective of Civil Law and Islamic Law. This research uses a type of skinative research with an analytical descriptive model which is then combined with normative studies. The study found that marriages (polygamy) performed without the first wife's knowledge were said to be null and void because they did not meet the elements set by law and courts.

Tinjauan Hukum Islam terhadap Sikolodha Adat Galela di Halmahera Utara Arsyad Dolosi; Muhammad Zein; Baharuddin Hi. Abdullah
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Marriage is the only way for humans to channel their sexual desires legally and legally in the view of religion. In Indonesia, the Marriage Law explains that marriage is considered valid if it is carried out in accordance with the teachings of their respective religions. However, apart from religious factors, there are also other factors that can color a person's wedding procession, namely the traditional factor. In Soasio Village, Galela District, North Halmahera Regency, there is a custom called Sikolodha, which is a tradition or custom to take a woman to be married off to the residence of a priest, community leader or relative of a man who wants to marry her. This study tries to raise the Sikolodha phenomenon and analyze it by using an emphasis on the aspect of Islamic law. This research use desciptive qualitative approach. The results of this study found that the occurrence of Sikolodha usually occurs due to several factors, including, requests for dowry that cannot be fulfilled, no parental blessing, forced to marry another man, and getting unwed pregnancy. Meanwhile, from the aspect of 'urf, there are Sikolodha models that can be justified and some are prohibited.

Implementation of Religious Court Judge's Decisions in Children by Husband Post Divorce Abdul Rifai; Husen Alting; Baharuddin Hi; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Children are a mandate in the hands of their parents and a clean heart is a very valuable gem. The presence of children in a family is a complement to the happiness of a marriage. Among the legal consequences of breaking up a marriage is the issue of children, because after the divorce of both parents, their rights will not be reduced to get all their needs. Formulation of the Problem What are the legal consequences for a father who does not carry out the judge's decision on the obligation to support children after divorce, How is the problem with submitting the decision of the Religious Court judge regarding the obligation to support the child after the divorce and What is the ideal concept of completing the execution of the decision of the Religious Court which is not carried out by the parents? (father) regarding his obligation to support children after divorce. The approach method used in this study is normative, with primary and secondary data approaches. The impact of the father's obligation not to carry out the court's decision Article 16 PP No. 53 of 2010. The obligation to give part of the salary to the ex. Decree of the Head of BKN No: K.26-30/V.99-6/99 Regarding the explanation of the obligation to give part of the salary to ex-wife and children. The problem of delivering the decision of the judge of the religious court regarding the obligation to support children in divorce includes the problem of the execution of the obligation to provide for the father for the maintenance of the child after the divorce. The petitioner for execution does not know what property the respondent owns. The father is unable to carry out the decision regarding the obligation to support the child on the grounds that he does not have property. The ideal concept of settlement includes Efforts in carrying out the execution of child support, guaranteeing husband's property, execution costs charged to the respondent.

Analysis of Legal Urgency of Premarriage Agreements Related to Gono Gini's Assets in Ternate Religious Court Jumriyani Jumriyani; Rusdin Alauddin; Baharuddin HI
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (768.413 KB)

The importance of a prenuptial agreement is closely related to the legal consequences that arise with the existence of marriage, namely, regarding assets, obligations of husband and wife and also the future of children born from marriage. Marriage has three legal consequences, namely, the existence of a legal relationship, the existence of assets and obligations to the children who are born and as a result of marriage including the existence of property and mixing of the property of both parties (husband and wife) which is known as innate property. , joint property, acquisition property and inheritance. The regulation regarding the protection of marital property of husband and wife in the form of a marriage agreement has been mandated by the legislation which has been explained comprehensively in the Civil Code. This study aims to determine the legal urgency of prenuptial agreements related to property gono gini at the Ternate Religious Court. This study uses a normative research method with an approach to legislation. The results show that the urgency of the prenuptial agreement law is to regulate the legal consequences of marriage, including the separation of assets obtained before marriage. In addition, the prenuptial agreement can also be about the separation of debts that occur before marriage, during the marriage, after divorce, and even death.

Philosophy of Fala Raha Ternate Culture in Election of Moloku Kieraha Baharuddin Hi. M.A. Hi. Abdullah
Archipelago Vol 2, No 2 (2021): Edisi Desember 2021
Publisher : IAIN Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.4633/arc.v2i2.822

Fala Raha is the philosophy of the Sultanate of Ternate, the Sultanate of Ternate is one of the sultanates in Moloku Kie Raha. The cultural philosophy of Fala Raha is the basic understanding of the Ternate community which is applied in the government structure of the Ternate sultanate, the structure of four generations, four symbolic lines, four political powers, four initial communities, four government institutions. Decentralization of post- conflict local elections for regional heads, which is one of the pillars of the democratic party in the regions, has a great contribution to the efforts to realize democracy and good governance in the regions. Direct Pemilkada provides positive and elegant examples that need to be developed and developed by all the elements involved in it. The reality on the ground is that this is not something that is easilyrealized, but positive efforts to achieve this goal must be carried out considering the importance of realizing positive political morale in the implementation of local politics. The purpose of writing is the application of the philosophy of Fala Raha (four houses) in the government structure in the process of regional head elections, with a decentralization theory approach. The result of this journal is to present postconflict local elections based on local wisdom.Keywords : Philosophy of Fala Raha, Decentralization, Pemilukada

Co-Authors Abdul Rifai Arsyad Dolosi Husen Alting Jumriyani Jumriyani Muhammad Zaber Wahid Muhammad Zein Rusdin Alauddin Rusdin Alauddin

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