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All Journal DE JURE YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam JURNAL IQTISAD: Reconstruction of Justice and Welfare for Indonesia Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan ADLIYA: Jurnal Hukum dan Kemanusiaan JURNAL USM LAW REVIEW Jurnal Penelitian
Aristoni Aristoni
Institut Agama Islam Negeri Kudus
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : DE JURE

 1 
Quo Vadis Marriage Dispensation in Indonesia: Judge's Decision in Preventing Child Marriage at the Jepara Religious Court Aristoni Aristoni
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17408

Abstract

This article aims to explore how to optimize the judges of the Jepara Religious Court in preventing child marriage amid increasing requests for dispensation every year as a result of changing the age limit for marriage in the Marriage Law. To answer these objectives, this article uses a type and research approach, namely sociological juridical with a qualitative basis. The primary data source was obtained directly from the informants, namely the Jepara Religious Court judges. The secondary data sources are in the form of books and journals which are still relevant to this theme. To obtain the data and information needed in this article, data collection techniques such as interviews were used. After the data is obtained, the next step is to process the data using data analysis techniques in the form of descriptive qualitative. The results of this study indicate that the optimization carried out by the judges of the Jepara Religious Court in preventing child marriage along with the increase in cases of requests for dispensation of marriage include carrying out administrative tightening and adding recommendation letters from doctors or midwives, and recommendation letters from social services or workers following Court Regulation Number 5 the Year 2019. In addition to conducting massive and simultaneous outreach by involving all elements of society such as religious leaders, community leaders, parents or guardians, families, educational institutions, NGOs, and local government to provide education to the public so they have legal awareness and provide an understanding of negative effects of child marriage.
Quo Vadis Marriage Dispensation in Indonesia: Judge's Decision in Preventing Child Marriage at the Jepara Religious Court Aristoni Aristoni
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17408

Abstract

This article aims to explore how to optimize the judges of the Jepara Religious Court in preventing child marriage amid increasing requests for dispensation every year as a result of changing the age limit for marriage in the Marriage Law. To answer these objectives, this article uses a type and research approach, namely sociological juridical with a qualitative basis. The primary data source was obtained directly from the informants, namely the Jepara Religious Court judges. The secondary data sources are in the form of books and journals which are still relevant to this theme. To obtain the data and information needed in this article, data collection techniques such as interviews were used. After the data is obtained, the next step is to process the data using data analysis techniques in the form of descriptive qualitative. The results of this study indicate that the optimization carried out by the judges of the Jepara Religious Court in preventing child marriage along with the increase in cases of requests for dispensation of marriage include carrying out administrative tightening and adding recommendation letters from doctors or midwives, and recommendation letters from social services or workers following Court Regulation Number 5 the Year 2019. In addition to conducting massive and simultaneous outreach by involving all elements of society such as religious leaders, community leaders, parents or guardians, families, educational institutions, NGOs, and local government to provide education to the public so they have legal awareness and provide an understanding of negative effects of child marriage.
Challenges in Criminal Law Enforcement against Political Patronage in Regional Head Elections Ismayawati, Any; Aristoni, Aristoni; Rosyada, Amrina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33001

Abstract

The transition from a representative to a direct election system has opened wider access to political participation, allowing the public to directly elect candidates for governor, regent, and mayor. However, various groups see this system as an opportunity for political patronage, potentially involving money politics, that may undermine integrity and substantive democracy at the local level. This study aims to examine the challenges of enforcing criminal law against political patronage in regional head elections, primarily focusing on exploring the perceptions and behaviour of the Karimunjawa Jepara community towards the practice of political patronage, as well as the challenges and solutions faced by the Integrated Law Enforcement Centre in enforcing criminal law against such practices in regional elections. Furthermore, the findings were analysed using a legal anthropology and siyasah shar'iyyah approach. The results of this study indicate that the people of Karimunjawa remain permissive towards political patronage practices due to their apathy towards candidate pairs and socio-economic conditions. The weakness of evidence, driven by the public's unwillingness to testify, is a crucial challenge for the Integrated Law Enforcement Centre in enforcing criminal law during regional elections. From legal anthropology and siyasah shar'iyyah perspectives, these findings reflect the lack of optimisation in the internalisation of legal and Islamic values in the community's political attitudes. Therefore, a continuous legal outreach program and education that adhere to local values and Islamic spirituality are essential to overcome this problem. This research contributes to integrating electoral criminal law with Islamic values, while serving as a reference for the Integrated Law Enforcement Centre, the Election Supervisory Body, and related parties in formulating fair and progressive legal policies for the enforcement of electoral law.
Co-Authors Abdullah, Junaidi Abdullah Amrina Rosyada Any Ismayawati Any Ismayawati Fifi Nofiaturrahmah Fifi Nofiaturrahmah, Fifi Junaidi Abdullah Junaidi Abdullah Junaidi Abdullah Abdullah Nor Kholifatur Rosyidah Prahesti, Dea Rosyidah, Nor Kholifatur Sherly Nur Salsabilla