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All Journal Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurna Ilmiah Hukum Keluarga Islam Vicratina : Jurnal Ilmiah Keagamaan
Fathurrahman Alfa
Universitas Islam Malang
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERCERAIAN ASN DI PENGADILAN AGAMA PERSPEKTIF TOKOH-TOKOH NAHDLATUL ULAMA Achmad Amin; Fathurrahman Alfa; Syamsu Madyan
Jurnal Hikmatina Vol. 3 No. 3 (2021): Jurnal Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

 The study entitled Divorce of State Civil Apparatus / Civil Servants in the Religious Courts Perspective of Nahdlatul Ulama Figures discussed three problem formulations, namely the requirements for ASN divorce according to KHI, views of NU figures on the requirements for ASN divorce in KHI, conflicts and the impact of differences that occur in ASN divorce cases in the Religious Courts Between the views of KHI and NU figures.The method used in this research is a qualitative research with a descriptive type of research. Data collection techniques used are observation, interviews, and documentation. Based on this research, the results of the study show that, first, the main requirement in the ASN/PNS divorce procedure is to file a divorce lawsuit with the superior or the authorized party. Second, NU figures prefer to use the basis of Islamic law as legal divorce is the divorce that is pronounced by a husband to his wife, even if it is serious or joking. Third, there is a difference of opinion regarding the ASN/PNS divorce procedure between the Islamic Law Compilation and NU figures due to the lack of socialization of the ASN/PNS divorce law.
ANALISIS KEKUATAN ALAT BUKTI SAKSI TESTIMONIUM DE AUDITU DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG rohmat arif; Fathurrahman Alfa; Syamsu Madyan
JAS : Jurnal Ahwal Syakhshiyyah Vol 2 No 2 (2020): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v2i2.8715

Abstract

A witness is a person who has met the formal and material requirements and his testimony is given in court from what he has seen and experienced by himself, but what if the witness does not see it directly but only hears it from someone else ? in the witness's civil law it is called testimonium de auditu. As for the problems of the statement above is as follows : How about the strength of the witness testimonium de auditu in the divorce case at Religious court in Malang city ? and How is the consideration of judges about the witness testimony de auditu at Religious court in Malang city ?. To answer the questions above, the researcher uses a qualitative approach, The data is collected using documentation interview techniques with three judges as informants, and library research about testimonium de auditu. From the results of the research that has been done it can be concluded that according to the judge, the strength of the witness testimony de auditu at the Religious Court in malang city is not recognized as a tool of evidence, but rather in practice The judge has the authority to examine the witness, and it is not wrong for the judge to hear the witness' testimony, The not as direct evidence. But the testimony can beoconstrued asoa tool of proof of hypothesis with objective and rational judgment and it can serve as a basis fot proving something. And the judge’s consideration of the use ofithe witness deiauditu inidivorceicases inireligious courts malang city. that is based on the article 16 (1) UU Number.14 year 1970 junco. UU Number.4 year 2004 about the main points of judicial authority, jurisprudence supreme court 11 november 1959 number. 308 K/SIP/1959. and This includes cese verstek so there is no objection. Keywords: divorce case, witness testimonium de auditu, religious courts
Co-Authors Achmad Amin Ahmad Firdaus Alif Hadi Saifulloh Deviena Anisatus Sholiha Dwi Ari Kurniawati Farchan Anas Humaidi Humaidi Indhra Musthofa Irma Aprilia Karima Indah Riyati Kukuh Santoso Mohammad Ainur Rozi Mufti Umma Rosyidah Mutiara Sari Dewi Qurroti A'yun rohmat arif Septiya Dewi Andini Syamsu Madyan Yorita Febry Lismanda