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Judge's Dilemma in Marriage Dispensation in the Religious Court Lahilote, Hasyim Sofyan; Miftah, A.A.; Yuliatin, Yuliatin; Hidayati, Rahmi
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.39 KB) | DOI: 10.30631/alrisalah.v22i1.979

Abstract

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.
Optimizing Access to Justice Through the Prodeo and Sidang Keliling in Boroko Religious Court Mustafa, Irawati; Rajafi, Ahmad; Lahilote, Hasyim Sofyan; Pedju, Rizaldy Purnomo
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i2.3341

Abstract

This study evaluates the effectiveness of implementing the Prodeo and Sidang Keliling at the Boroko Religious Court in PERMA No. 1 of 2014. The research method used is qualitative with a juridical-empirical approach, including data collection through in-depth interviews, observations, and document analysis. The results showed that implementing the two programs significantly increased access to justice for the underprivileged. However, fluctuations were found in the realization of annual cases, highlighting the need for budget adjustments and more effective socialization strategies. The discussion emphasized the importance of adapting legal services to the needs of local communities and integrating the provider approach into the broader justice system. The conclusion of this study suggests that with improved management and socialization, the Prodeo and Sidang keliling can continue to effectively support the principles of social justice and broader access to legal services. The implications of this study lead to policy recommendations to optimize resource allocation and socialization strategies in the Indonesian judicial system, especially in the Boroko Religious Court.
Multicultural Transformation in Waqf Land Registration: Role of Waqf Pledge Deed Officials in Manado, Indonesia Lahilote, Hasyim Sofyan; Subeitan, Syahrul Mubarak
Kawanua International Journal of Multicultural Studies Vol 5 No 1 (2024)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v5i1.667

Abstract

This study explores the multicultural transformation in waqf land registration in Indonesia, focusing on the role of Waqf Pledge Deed Officials (PPAIWs) in Singkil District, Manado City. Employing a multicultural approach integrated with empirical legal research methods, this study examines how national waqf policies interact with cultural and religious diversity at the local level. Data collection methods include legal document analysis, field observations, and in-depth interviews with PPAIWs, nazhirs, religious leaders from various communities, and government officials. The data were analyzed using a multicultural theoretical framework, emphasizing the concepts of 'interactive multiculturalism' and 'dialogical multiculturalism'. The findings reveal that only 18.9% of waqf lands are certified and 21.6% have Waqf Pledge Deeds, reflecting the challenges in aligning national policies with local multicultural realities. However, the adaptive strategies of PPAIWs in bridging cultural and religious differences demonstrate the potential for multicultural transformation in waqf management. This study proposes a more inclusive model of waqf registration, including cross-cultural outreach programs, flexible legal interpretations, and the utilization of interfaith dialogue. This research contributes to a more nuanced understanding of religious law implementation in pluralistic societies, offering new insights into how waqf policies can be enriched through a multicultural approach to enhance social harmony and administrative effectiveness.
Judge's Dilemma in Marriage Dispensation in the Religious Court Lahilote, Hasyim Sofyan; Miftah, A.A.; Yuliatin, Yuliatin; Hidayati, Rahmi
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i1.979

Abstract

Judges experience various dilemmas when adjudicating marriage dispensation cases in Religious Courts. In particular, there are difficulties associated with applying the principles laid out in the provisions of Article 2 PERMA no. 5 of 2019, which guide such decisions. This study analyzes how judges consider various legal theories when making decisions regarding marriage dispensations using the normative judicial method. The results showed that the judges of Religious Courts primarily rely on the maslahah theory when making decisions on marriage dispensation cases, in spite of the existence of PERMA no. 5 of 2019 as a potential reference for maximizing aspects of justice and legal certainty.
The Effectiveness of Mobile Court Implementation in Manado Religious Court Lahilote, Hasyim Sofyan
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (744.719 KB) | DOI: 10.29240/jhi.v7i1.3809

Abstract

This article discusses the implementation of the mobile Court conducted by the Manado Religious Court. This research is qualitative field research using empirical legal methods. The aim is to determine the dominant factors that affect the effectiveness of the mobile court conducted by the Manado Religious Court. By using the Legal System theory proposed by Lawrence M. Friedman, the author tries to unravel the problems that often arise in the mobile court process. The results of the study indicate that there is a significant relationship between the knowledge and awareness of justice seekers who use the judiciary, especially the Religious Court. The success implementation of mobile courts is due to the coordination and readiness of judicial infrastructure, including efforts to socialize the practice of mobile courts to related agencies, which are enhanced to achieve the goals of implementation of the mobile court.