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All Journal Literatus Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Ilmiah Multidisiplin Ilmu Jurnal Riset Multidisiplin Edukasi
Fitria Agustin
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kearifan Lokal Petani Gula Aren Kecamatan Cijaku (Antara Tradisi dan Tuntutan Ekonomi) Sulasno Sulasno; Wahyuddin; Fitria Agustin
LITERATUS Vol 2 No 1 (2020): Jurnal Literatus
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v2i1.25

Abstract

Palm sugar is a famous commodity from Lebak, Banten Province. Palm Sugar commodity is used as souvenirs from other regions in Indonesia, and is exported through the world market. The presence of palm sugar production business provides economic contribution to the local community. Palm Sugar Production mostly develops in Sobang, Malingping, Panggarangan, Cigemblong, Bayah, Ciharas, Cibeber, Muncang, Cimenga, Ciapus and Cijaku Districts. The purpose of this study was to determine the application of local wisdom of palm sugar farmers in Cijaku District, Lebak Regency. This study uses an empirical Historical method which is empirically objective, a method that aims to explain the development of the implementation of the Local Wisdom of Palm Sugar Farmers in Cijaku District, Lebak Regency, Banten Province. Data collection techniques were carried out using interview and informant methods that were determined purposively. That Local Wisdom is a hereditary tradition that preserves it is considered a noble value of ancestors. Local wisdom should not be eroded let alone erased because of economic demands both personal and regional.
Kaidah Fiqih Hukum Keluarga Dan Penerapannya Dalam Undang-Undang Perkawinan Fitria Agustin; Rokilah Rokilah
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i2.1199

Abstract

The Qur'an's attention to the family is shown by the many verses that talk about family problems, from marriage problems to the problem of dividing inheritance. It is not only shown by the details of family problems regulated in it, but also by the verses that talk about various family rules. The facts that occur regarding marriage sometimes give rise to multiple interpretations among experts and the public, especially among Muslims. This article focuses on a review of Fiqh Rules or specifically Legal Rules (Qawaid al Ahkam) which are applied to resolve practical problems in Family Law. This rule classifies similar problems into one specific rule based on sources from the Koran and Hadith which are expected to make it easier to understand and resolve problems related to Family Law with normative application, namely Legislation on Marriage. This type of qualitative normative juridical research is research that refers to legal norms contained in legislation and norms that live and develop in society. The research results show that 1) The legal principles applied in Marriage law in Indonesia are the principle of monogamy, the principle of consensuality, the principle of proportionality and the principle of complete unity; 2) Fiqh rules in Islamic Family Law are applied in the Marriage Law with the aim of solving community problems within the scope of family and marriage law.
Peran Komisi Yudisial dalam Pengawasan Integritas Hakim Agung di Mahkamah Agung Rokilah Rokilah; Fitria Agustin; Endra Budiantono
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i1.2293

Abstract

The Judicial Commission was established based on the Indonesian constitution, namely the 1945 Constitution of the Republic of Indonesia, with the aim of improving the quality of judges and also maintaining the dignity of the judiciary in Indonesia so that it remains independent, clean and authoritative. Supervision of the law is carried out by the Judicial Commission specifically to address ethical violations of judges. These violations can arise in decisions or behavior as judicial officials. This study uses a qualitative method, with a normative type of research, namely legal research that emphasizes the review of legal documents and library materials related to the main problem. The research approach used is the statute approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The purpose of the study is to determine the Role of the Judicial Commission in Supervising the Integrity of Supreme Court Justices at the Supreme Court and to determine the Judicial Commission's supervision of Supreme Court Justices in the independence of the Supreme Court as an executor of judicial power. The results of the study indicate that 1) the Judicial Commission is functionally only as a support for the judicial power institution. The Judicial Commission is not an institution that enforces legal norms, but rather an institution that enforces ethical norms. The Judicial Commission also functions to maintain the independence of judges in issuing decisions from political intervention. and 2) Supervision carried out by the Judicial Commission on supreme court judges is often debated in relation to the independence of the judiciary.
IMPLIKASI PEMBAGIAN HARTA BERSAMA ATAS OBJEK YANG MASIH DALAM STATUS KREDIT (KPR) PASCA PERCERAIAN Najwa Aulia Nabila; Fitria Agustin
Jurnal Ilmiah Multidisiplin Ilmu Vol. 3 No. 2 (2026): April : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/1dy6jc15

Abstract

Disputes over joint property in the form of an outstanding mortgage often give rise to legal complexities at the intersection of family law and security law. This study aims to analyze the legal status and mechanisms for the division of mortgage properties following divorce, as well as the legal implications regarding the bank’s position as a preferred creditor. The research method employed is normative legal analysis using a statutory approach and a review of judicial decisions. The results of the study indicate that the mortgage property constitutes joint property encompassing both assets and liabilities, where its division cannot be separated from the remaining debt and the attached security rights. Based on SEMA No. 3 of 2018, a claim regarding joint property involving an asset still under mortgage without involving the bank will be declared “Not Acceptable” (Niet Ontvankelijk Verklaard). In conclusion, judges must apply the “Net Value” approach in adjudicating cases to ensure justice for former spouses without infringing upon the bank’s right of preference. Synchronization through subjective novation or the bank’s involvement as a Co-Defendant is an absolute requirement to ensure the judgment is enforceable and does not pose a risk of non-performing loans.
DAMPAK PERKAWINAN SIRI TERHADAP HAK WARIS ISTRI DAN ANAK Deviani Theresia Br Barus; Fitria Agustin
Jurnal Ilmiah Multidisiplin Ilmu Vol. 3 No. 2 (2026): April : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/s0xf7d31

Abstract

Siri marriage is a type of marriage performed in accordance with religious law but not officially registered by the government. This can give rise to legal issues, particularly regarding inheritance rights for the wife and children. This study aims to examine the legal position of wives and children from siri marriages in obtaining inheritance rights, both under Islamic law and Indonesian law. It also investigates the impact of the lack of marriage registration on proving inheritance rights. The methodology used is normative legal research, with a regulatory and conceptual approach through a literature review. The results of this study indicate that under Islamic law, wives and children in siri marriages still have the right to inheritance, but their position under positive law is weakened by the lack of administrative evidence such as a marriage certificate. Therefore, they need to undergo additional legal processes such as marriage confirmation and proof of civil relationship before they can obtain inheritance rights. Therefore, marriage registration is crucial to provide initial legal protection to ensure legal certainty and avoid future inheritance disputes.
FENOMENA PERNIKAHAN DINI DI KOTA SERANG DAN IMPLIKASINYA TERHADAP HUKUM PERKAWINAN DI INDONESIA Queencyla Rifani Putri; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1827

Abstract

This study aims to analyze the phenomenon of early marriage in Serang City and its implications for marriage law in Indonesia. This issue is significant because early marriage not only affects social and economic aspects but also creates complex legal consequences, particularly regarding the validity of marriage, the legal status of families, and the effectiveness of existing regulations. This research employs a normative juridical method with statutory and conceptual approaches, supported by relevant literature studies. The findings indicate that early marriage in Serang City is influenced by various factors, including economic conditions, low levels of education, and strong socio-cultural norms. The impacts include increased school dropout rates, the perpetuation of intergenerational poverty, and a decline in the quality of human resources. From a legal perspective, although regulations regarding the minimum age of marriage have been established, the practice of marriage dispensation demonstrates a gap between legal norms and social reality. Furthermore, early marriage has implications for family legal status, including the position of children and other civil rights. Therefore, comprehensive efforts are required through strengthening regulations, increasing public awareness, and empowering education and the economy to reduce early marriage rates and improve the effectiveness of marriage law in Indonesia.
PERLINDUNGAN HUKUM DALAM PERKAWINAN DAN HAK WARIS DI KOTA SERANG Inarotul Fikria; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1828

Abstract

This study aims to analyze legal protection in marriage and inheritance rights in Serang City, focusing on the impact of marriage legality on the legal certainty of heirs. This research employs a normative juridical method with statutory and conceptual approaches, supported by secondary data in the form of legal literature, academic journals, and previous research findings. The results indicate that although there is a strong legal foundation through the Marriage Law and the Compilation of Islamic Law, in practice there are still various problems, such as unregistered marriages (sirri marriages), low public legal awareness, and the pluralism of inheritance law systems, including Islamic law, customary law, and civil law. These conditions often lead to inheritance disputes and legal uncertainty, particularly affecting women and children as vulnerable parties. In addition, the role of Religious Courts is crucial in resolving inheritance disputes through mediation processes and fair judicial decisions, although challenges remain in terms of legal proof and differing interpretations of the law. Therefore, it is necessary to improve public legal awareness, optimize marriage registration, and strengthen the role of judicial institutions to achieve effective and equitable legal protection.
DISPENSASI KAWIN OLEH PENGADILAN AGAMA DALAM PERSPEKTIF PERLINDUNGAN ANAK DI INDONESIA: ANALISIS KETEGANGAN ANTARA KEPASTIAN HUKUM, HUKUM PROGRESIF, DAN REALITAS SOSIAL Raden Naila Nadira Mahali Soerianegara; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1829

Abstract

Marriage in the Indonesian legal system has juridical, religious, and social dimensions. The amendment of the minimum age of marriage under Law Number 16 of 2019, which sets the minimum age at 19 years, reflects a stronger orientation toward child protection. However, the existence of the marriage dispensation mechanism creates tension between legal certainty, justice, and expediency as conceptualized in Gustav Radbruch’s legal theory. This study employs a normative approach to analyze marriage dispensation from the perspectives of progressive law, legal protection, and the principle of the best interest of the child. The findings indicate that judicial discretion in granting marriage dispensation is influenced by social, economic, and cultural factors, thereby potentially shifting dispensation from an exceptional measure to a more commonly applied mechanism. This condition is further exacerbated by normative disharmony between marriage regulations and child protection laws, resulting in suboptimal protection of children in judicial practice.
EFEKTIVITAS HUKUM PERKAWINAN DALAM MENEKAN ANGKA PERCERAIAN DI INDONESIA Damayanti; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 4 (2026): Jurnal Riset Multidisiplin Edukasi (April 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i4.1842

Abstract

This study aims to analyze the effectiveness of marriage law in reducing divorce rates in Indonesia and to identify the factors influencing its level of effectiveness. Marriage law in Indonesia is regulated under Law Number 1 of 1974 concerning Marriage, which aims to establish a happy and enduring family. However, in practice, divorce rates continue to show an increasing trend. Data from Statistics Indonesia recorded 438,168 divorce cases in 2025. This research employs a qualitative approach with a normative juridical method and a descriptive-analytical nature. The data were obtained through literature study by analyzing statutory regulations, legal theories, and relevant academic sources. The results indicate that marriage law in Indonesia has not been fully effective in reducing divorce rates. This is influenced by several factors, including the substance of the law that is not fully responsive, the role of law enforcement, low public legal awareness, limited facilities and infrastructure, as well as changes in social values and norms. Nevertheless, the law still plays an important role in regulating and providing legal protection for the parties, particularly in divorce proceedings and their legal consequences. Therefore, more comprehensive efforts are needed through regulatory improvements, enhancement of public legal awareness, and strengthening the role of social institutions to increase the effectiveness of marriage law in maintaining family integrity in Indonesia.
ANALISA URGENSI PERJANJIAN PRANIKAH SEBAGAI PERLINDUNGAN FINANSIAL PASANGAN DI ERA DIGITAL Hamlatul Arsy Mulya; Fitria Agustin
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 5 (2026): Jurnal Riset Multidisiplin Edukasi (Mei 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i5.1860

Abstract

This study aims to analyze the urgency of prenuptial agreements as financial protection for couples in the digital age. The method used is a qualitative approach with empirical legal methods. The results indicate that prenuptial agreements play a crucial role in providing legal certainty regarding asset management and debt responsibilities, as well as protecting couples from financial risks. However, in practice, obstacles remain, such as low legal awareness and social stigma. This study concludes that prenuptial agreements are an important instrument in preventing financial conflict in households in the digital age.
Co-Authors Adietya Zahrandika Nursetyo Army Putra Yudha Azka Amatillah Bobby Trisna Darmawan Dafa Ferdiansyah Damayanti Deviani Theresia Br Barus Endra Budiantono Hamlatul Arsy Mulya Inarotul Fikria Jauharoh Mahfudoh Muhammad Fajri Atqiya Najwa Aulia Nabila Pradipta Mulya Pratama Putri Purwita Queencyla Rifani Putri Raden Naila Nadira Mahali Soerianegara Rokilah Rokilah Sulasno Sulasno Vira Ade Jelita Wahyuddin