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MENGKAJI REFORMASI HUKUM DI LINGKUNGAN PERADILAN AGAMA Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 5, No 2: Oktober 2017
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v5i2.50565

Society can not be denied always moving and changing, so that legal problems will continue to grow. Among Muslims also change is inevitable, so the legal provisions that regulate the needs of Muslims must also adjust to the aspirations of the community. In this case Law no. 7 of 1989 on Religious Courts experiencing renewal and refinement (reform) with Law no. 3 of 2006 in which the authority of the Religious Courts is widespreadand then amended again with Law No. 50 Year 2009. The additional authority is that the Religious Courts are now authorized to resolve the sharia economic dispute and to provide a testimony to the testimony of those who see Hilal in determining the fall of Day 1 of Ramadan and 1 Shawwal, although in practice there are several things that need to be improved in the future.Keywords: sharia economic dispute, reformation, testimony see HilalMasyarakat tidak bisa dipungkiri selalu bergerak dan berubah, sehingga problem-probem hukum pun akan bertambah terus. Di kalangan Umat Islam pun perubahan tidak bisa dihindari, sehingga ketentuan-ketentuan hukum yang mengatur berbagai kebutuhan umat Islam harus menyesuaikan pula dengan aspirasi masyarakat. Dalam hal ini Undang-Undang No. 7 Tahun 1989 tentang Peradilan Agama mengalami pembaharuan dan penyempurnaan (reformasi) dengan Undang-Undang No. 3 Tahun 2006yang mana kewenangan Pengadilan Agama bertambah luas dan kemudian dirubah lagi dengan Undang-Undang No.50 Tahun 2009. Tambahan kewenangan tersebut adalah Pengadilan Agama sekarang berwenang menyelesaikan persengketaan ekonomi syariah dan memberi penetepan tentang kesaksian pihak-pihak yang melihat Hilal dalam menentukan jatuhnya Hari 1 Ramadhan dan 1 Syawal,walaupun dalam prakteknya ada beberapa hal yang perlu diperbaiki di masa-masa mendatang.Kata Kunci :persengketaan ekonomi syariah, reformasi, kesaksian melihat Hilal

PENGGUNAAN ZAKAT PRODUKTIF UNTUK MEMBERDAYAKAN MASYARAKAT MUSLIM PENYANDANG DISABILITAS (KAJIAN DARI UU NO. 8 TAHUN 2016 DAN NO. 23 TAHUN 2011) Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 4, No 2: Oktober 2016
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v4i2.50496

Every human being wants to be born in normal circumstances, but for various reasons not a few people she encountered a defect in a wide range, so that they become disabled / disability. In society, based on Law No. 8 2016 About Disability, they still have rights and obligations equal to those of normal.They must be given help and empowerment, for people with disabilities / disability, referring to the Law No. 8 Year 2016 About Disability, have the same right to a decent living. There are some other products that Act provides protection to the rights of persons with disabilities, such as Law No. 23 Years 2011Tentang Zakat Management.For Muslims disability / disability, when referring to the Law No. 23 Year 2011 concerning the Management of Zakat eligible for assistance from the zakat fund, donation and charity, especially Zakat on Earning to empower their lives for the benefit of themselves and society. Especially help it, when referring to Law No. 8 2016 above, can be provided as capital that can be used to earn a living and develop the potential of people with disabilities / disability.Keywords: disabled / disability, zakat on earning, empowerment, venture capital

FAKTOR – FAKTOR PENGHAMBAT KEBERHASILAN MEDIASI PERCERAIAN DI PENGADILAN AGAMA KARANGANYAR Artha Suhangga; Anthony Wibowo; Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 1, No 2: Oktober 2013
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v1i2.50162

This research aimed to find out the factors inhibiting the successful divorce mediation in Karanganyar Religion Court, so that a solution can be found to maximize the successful mediation. After the enactment of Supreme Court’s Regulation Number 1 of 2008 about Mediation Process in Trial, mediation has become an important series of entire case management process in Religion Court. However, in Karanganyar Religion Court only 3 cases have been successfully mediated out of 429 cases mediated during 2011.This study was a normative descriptive research. The data of research included primary and secondary data. Meanwhile, techniques of collecting data used were library study and interview.The result of research showed that mediation in Karanganyar Court encountered such constraints as husband’s/wife’s determination, less maximum effort of the judge in mediating, the presence of suit accumulation, mediation arising from the parties in case but from the judge, low number of mediator personnel, low education of the parties in dispute, high number of cases incoming, and low participation among the parties in dispute. The benefits of research were to give representation on the problem studied and to be used as the input to any related parties.

MENUNGGU NASIB RUU PENYANDANG DISABILITAS DI DPR Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 3, No 2: Oktober 2015
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v3i2.50357

The Persons with Disabilities in this country are so excited to welcome the bill on Disability which is intended to replace Law No. 4 of 1997 on Persons with Disabilities that are not in accordance with the demands of time, but they were disappointed because the government as if forgetting the Bill, so far about the Disability Bill has not passed into law official. Because of this the Federation of Indonesian Welfare of Persons with Disability (FKPCTI) held an activity entitled "Moving For Disabilities," on August 13, 2015 at the Office of the Human Rights Commission with a demand that Jakarta About Disability Bill be passed into law official.Viewing the contents of the Bill on Disability in fact many things are arranged as an improvement of the provisions ago, such a paradigm shift from a charity-based to a rights-based; change the term "Persons with Disabilities" to "Disability"; alteration of the minimum setting state responsibility be maximizing setting state responsibility for Disability; arrangements regarding accessibility and equal rights and opportunities for Persons with Disabilities; arrangements regarding the fulfillment and protection of various rights of Persons with Disabilities in many areas of life without exception; community participation; the rules governing criminal sanctions; and various restrictions that can not be done against Persons disablitas.

PANDANGAN UNDANG-UNDANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM TERHADAP NIKAH MUT’AH Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 1, No 1: April 2013
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v1i1.50128

In Act No. 1 of 1974 on Marriage is stated, that "marriage is a bond between the inner and outer man with one woman as husband and wife with the intention of forming families (households) are happy and eternal deity by The Almighty." Therefore, the bond of marriage are the inner and outer tie for ever for the couple. Similarly in Islamic Law Compilation desired, that a marriage is a strong bond to form a happy family and unseen. In fact in society there are still people who do Mut'ah marriage or intended marriage contract is only for a short while only, because the Mut'ah marriage is no intention of a pair of men and women to get married for ever. They just got married by a certain time only contracts. Of course such marriages violated the Islamic law that already prohibits Mut'ah marriage and also violate the purpose and nature of the actual marriage under the Act No. 1 of 1974 on Marriage and the Compilation of Islamic Law. Mut'ah marriage can be detrimental to either party who lodged the marriage, either the wife, husband or child, when the marriage contract was born a child, because Mut'ah marriage is a marriage that is not officially in recording marriage and violate any law.

IMPLEMENTASI UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT DALAM UPAYA MENGENTASKAN KEMISKINAN (KAJIAN TERHADAP MEKANISME DAN KINERJA LEMBAGA BADAN PENGELOLA ZAKAT DI KOTA SURAKARTA) Mohammad Adnan; Zeni Lutfiyah; Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v2i2.50249

The existence of zakat institutions, there are Badan Amil Zakat Nasional (BAZNAS) and Lembaga Amil Zakat (LAZ), is one of the positive response of the government in implementation of zakat management in Indonesia.This research is an empiric research. The location of this research is in BAZNAS Surakarta, Solo Peduli Ummat Foundation and Lazis UNS. This research talks about the mechanism of zakat management in Surakarta starts with collecting until distributing, then about the charitable organizations programs and also about the relation between the organizations performance with the policy of Surakarta City Government in order to reducing poverty.The result of the research and the study show that there are variation and innovation in managing zakat from the zakat institutions in Surakarta start with collecting until distributing. Then the relation between the performance of Surakarta City Government and charitable organizations is very low. It is showed with there is no coordination from both of them that make no synergy of the programs in order to reducing poverty. It is only a few special programs from zakat institutions in order to reducing poverty in Surakarta for example is provision of capital. The use of funds is dominated by charity program or consumptive programs.

ANALISIS HAK PENCABUTAN KEMBALI ATAS HIBAH YANG TELAH DIBERIKAN ORANGTUA KEPADA ANAK DALAM HUKUM ISLAM (KAJIAN ATAS PUTUSAN MAHKAMAH AGUNG NOMOR : 78K/AG/ 2012) Nurul Bisyarati; Agus Rianto
Journal of Law, Society, and Islamic Civilization Vol 2, No 2: Oktober 2014
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v2i2.50257

This research aimed to find out how the law of gift withdrawal was according to Islamic heir law and the judge’s rationale in deciding the Supeme Court’s verdict Number 78K/AG/2012 about gift (hibah). This study was a normative law research that was prescriptive and applied in nature, using case approazh to the case of right ti withdraw the gift that has been given by the parents to child in Islamic Law. This study employed primary and secondary law materials. The technique of collecting law material employed was library study. The law material analysis was conducted using deductive method by explaining general item and then the particularly one, so that finally a conclusion could be drawn. In this study, the major premise was Islamic rule of law (Islamic Law Compilation), while the minor one was the Supreme Court’s verdict Number 78K/AG/2012. From the two premises, a conclusion could be drawn.Considering the result of research and discussion, it could be concluded that the law of gift withdrawal according to Islamic heir law was not been allowed expect for the gift from parents to their child. The article 212 of Islamic Law Compilasion mentioned that the parent’s gift to child could be withdrawn. The appealer could not show the judex factie guilt in applying the law. Thus, the Supreme Court’s deliberation could be justified, because the Judge had legal rationale or ratio decidendi that was juridical and non juridical in nature, that met the provisions of Law.

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