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All Journal Jurnal Studi Pemerintahan SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Al-Ulum Al-Risalah : Jurnal Imu Syariah dan Hukum Kuriositas: Media Komunikasi Sosial dan Keagamaan Iqra: Jurnal Ilmu Kependidikan dan Keislaman DIKTUM: Jurnal Syariah dan Hukum Jurnal Review Pendidikan dan Pengajaran (JRPP) BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan RIO LAW JURNAL International Journal of Health, Economics, and Social Sciences (IJHESS) JHCLS SAMAWA : Jurnal Hukum Keluarga Islam Banco: Jurnal Manajemen dan Perbankan Syariah Jurnal Indonesia Sosial Sains Al-Iftah: Journal of Islamic studies and society DELICTUM : Jurnal Hukum Pidana Islam Sighat : Jurnal Hukum Ekonomi Syariah Innovative: Journal Of Social Science Research Moneta: Jurnal Manajemen & Keuangan Syariah Paradoks : Jurnal Ilmu Ekonomi Indonesia Journal Of Zakat and Waqf Jurnal Studi Pemerintahan FUNDS: Jurnal Ilmiah Akutansi, Keuangan, dan Bisnis Islamic Financial And Accounting Review
Zainal Said
IAIN Parepare
Religion Arts Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Public Health Social Sciences Other

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Nasikh Mansukh's Implications for the Implementation of the Director General of Islamic Community Guidance Decree No. 379 of 2018 concerning Marriage Guidance to Prevent Divorce (Study at KUA Panca Rijang District, Sidrap Regency) Akram Akkas; Hannani; Zainal Said; Agus Muchsin; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4641

Abstract

Regulation of the Director General of Islamic Community Guidance at the Ministry of Religion Number 379 of 2018 instructs that every man and woman who wishes to get married must follow marriage guidance organized by the Ministry of Religion and accredited Islamic religious organizations. Certain laws will be replaced by new laws in the future, which will then be known as Nasakh Mansukh. This thesis discusses the implications of Nasikh Mansukh for the implementation of the Decree of the Director General of Islamic Community Guidance Number 379 of 2018 concerning Marriage Guidance to Prevent Divorce. The results of this research show that the implementation of marriage guidance (Bimwin) in Panca Rijang District, Sidrap Regency for prospective brides and grooms in creating a sakinah family. Nasikh Mansukh's implications for the implementation of Islamic Guidance Regulation No. 379/2018 regarding marriage guidance does not have Nasikh Mansukh, but rather complements and strengthens the previous regulations and can be said to be bayan taqrir.
The Existence of Islamic Religious Counselors in Combating Underage Marriages in Mandalle Sub-district Saripuddin; Agus Muchsin; Rahmawati; Rusdaya Basri; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.4742

Abstract

Underage marriage is a marriage at a young age. The government has set the ideal marriage age at 19 for both parties. However, there are still cases of marriages below the age of 19. The purpose of this research is to identify the factors causing underage marriages in Mandalle Sub-district. This research is a qualitative study with a case study approach. Data collection techniques include observation, interviews, and documentation. The research design is descriptive. The results show that, first, the factors causing underage marriages in the Office of Religious Affairs (KUA) in Mandalle Sub-district, Pangkajene, and Kepulauan Regency are due to low education, lack of knowledge about marriage laws (Law No. 16 of 2019), economic factors, cultural factors, and unwanted pregnancies. Second, the efforts made by Islamic religious counselors in KUA Mandalle Sub-district, Pangkajene, and Kepulauan Regency in handling underage marriages are: (a) conducting counseling or socialization to the community, especially teenagers; (b) Providing information about the impact of underage marriages; (c) Emphasizing the role of parents, as parents play a significant role in a child's decision to marry early. Parents are expected to provide insights and full control over their children so that they understand the consequences of underage marriages.
Effectiveness of Legal AID Services on Community Property Cases in Marriage at Partner Legal AID Institutions Madani West Sulawesi Wawan; Zainal Said; Fikri; Sudirman L; Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 1: January 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i1.4754

Abstract

This research aims to analyze the problem of free legal assistance for weak and poor communities. These provisions are regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and Article 28D paragraph (1) which shows that everyone has the same position before the law and is entitled to legal protection. The state has legally regulated it in such a way that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically. The research results show that LBH Mitra Madani, as a structural institution, has provided legal assistance in litigation and non-litigation. Apart from that, LBH Mitra Madani also provides legal counseling, community organizing and training in the legal field. However, the obstacle is the lack of financial support from the government, because LBH Mitra Madani has not yet been accredited. There are 37 cases that have been assisted from 2019 to 2022, of which the cases handled by LBH Mitra Madani are predominantly civil cases. LBH Mitra Madani's obstacles in providing legal assistance include legal substance and legal structure factors. According to regulations, the legal assistance provided by LBH Mitra Madani to poor people should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. Apart from the substantial factors that constrain the effectiveness of LBH Mitra Madani in providing legal assistance, there are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).
Judge Consideration of Marriage Dispensation at Sidenreng Rappang Religious Court Sufri, Melda; Said, Zainal; Rauf, Aris
Al-Iftah: Journal of Islamic studies and society Vol 1 No 2 (2020): Al-Iftah: Journal of Islamic studies and society
Publisher : IAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (112.909 KB)

Abstract

This study explains that applications for marriage dispensation at the Sidenreng Rappang Religious Court have increased from year to year, and in 2019 there were 222 cases. The purpose of this study is to describe the development of the marriage dispensation, analyze the reasons behind the application for a marriage dispensation, and reveal the judges' considerations regarding the intent of the Marriage Law in Article 7 paragraph 2 of Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage. This type of research is descriptive qualitative, the research location is at the Sidenreng Rappang Religious Court, for primary data sources, namely copies of decisions, marriage laws, judges, clerks and justice seeking societies and secondary data sources. The results of this study indicate that 1) Marriage dispensation at the Sidenreng Rappang Religious Court, from year to year always increases and in 2019 experienced a very sharp increase; 2) Based on cultural, educational, economic, environmental factors and pregnancy outside of marriage, and 3) Juridical analysis of the legal considerations of the Sidenreng Rappang Religious Court judge regarding the marriage dispensation Law Number 16 of 2019 and based on the rules of fiqhi and maqashid al-Syariah, the reality ignores several administrative requirements that can support judges' considerations to realize and guarantee the best interests of children.
CHILD LINEAGE DETERMINATION IN UNDERAGE MARRIAGES: A PROGRESSIVE JUDICIAL PERSPECTIVE Syafruddin, Rezki Amaliah; Basri, Rusdaya; L, Sudirman; Said, Zainal; Muchsin, Agus
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.44186

Abstract

This research examines the legal and sociological dynamics in the determination of a child's lineage within the framework of Indonesian law, particularly focusing on cases that deviate from established regulations. Specifically, the study analyzes Decision No. 90/Pdt.P/2023/PA.Pare, where a child born from an unregistered marriage was declared legitimate despite the non-fulfillment of age requirements by one of the parents. The research employs a normative juridical approach through library research, utilizing document studies to gather relevant legal and sociological data. This method facilitates a comprehensive analysis of the legal reasoning applied in the case, with a focus on how the judge arrived at the decision to grant the petition for child legitimacy. The findings indicate that the judge's legal discovery method in this case was conducted on a case-by-case basis, taking into account both juridical and sociological factors. The decision reflects a progressive legal approach, where the judge prioritized the broader implications of justice and social welfare over strict adherence to legal formalities. This study contributes to the understanding of how progressive legal thought can influence judicial decisions in cases involving deviations from standard legal provisions. It offers a unique analysis of how judges may interpret the law flexibly to achieve just outcomes in complex family law cases. The research highlights the potential for progressive legal reasoning to shape future judicial practices in Indonesia, particularly in cases involving the legitimacy of children born from unregistered marriages. It suggests that such approaches could lead to more equitable outcomes in family law, aligning legal decisions with contemporary social realities.
Legalitas Pernikahan Via Live Streaming aalam Perspektif Hukum Islam: Legality of Marriage Via Live Streaming Islamic Legal Perspective Rusdaya Basri; Amiruddin; Agus Muchsin; Zainal Said; Rahmawati
IQRA JURNAL ILMU KEPENDIDIKAN & KEISLAMAN Vol 19 No 1: Januari 2024
Publisher : Fakultas Agama Islam, Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/iqra.v19i1.4778

Abstract

Penelitian ini membahas tentang legalitas pernikahan via live streaming dalam persfektif hukum Islam penelitian tesis ini bertujuan untuk mengetahui legalitas serta realita pernikahan via live streaming, landasan yuridis pernikahan via live streaming serta bagaiamana pandangan para ulama klasik dan kontemporer menyikapi pernikahan via live streaming. Jenis penelitian ini adalah penelitian pustaka (library research) yang bersumber dari kitab-kitab ulama empat mazhab yang membahas pernikahan dan yang terkait dengannya, buku-buku yang terkait hukum pernikahan, jurnal ilmiah, yang resmi menjadi pegangan dan berkaitan dengan pokok bahasa penelitian. Hasil Penelitian ini menunjukkan bahwa (1) Pernikahan via live streaming merupakan pernikahan yang diselengarakan oleh pasangan yang tidak dapat melaksanakan pernikahan secara langsung serta berada dalam situasi jarak yang jauh sehingga mengharuskan terjadinya akad melalui jalan telekomunikasi suara serta gambar yang tayang dilayar. (2) Hukum akad nikah menurut peraturan pernikahan di Indonesia sudah memenuhi rukun dan syarat pernikahan serta tidak bertentangan dengan Kompilasi Hukum Islam, maka pernikahan tersebut sah. Hal ini dikuatkan dengan ketentuan pasal 27 sampai dengan pasal 29 Kompilasi Hukum Islam. (3) Para ulama berbeda pendpat dalam masalah legalitas pernikahan live streaming, Ulama dari Mazhab Hanafi dan Hambali condong membolehkan pernikahan disebabkan mereka tidak mensyaratkan kesatuan tempat antara ijab dan qabul. Berbeda dengan para ulama dari kalangan Mazhab Malikiyah dan Syafi‘iyah mereka cenderung lebih ketat dan mengharuskan ittihadul majelis, masalah ini berkaitan erat dengan masalah syahadah (kesaksian) dalam akad nikah, saksi harus dapat melihat serta menyaksikan dengan mata kepala, bahwa rangkaian pengucapan ijab kabul benar-benar dilakukan sebagaimana yang telah ditentukan, dan ijab kabul itu benar-benar dari dua orang yang sedang melakukan akad.
Epistimologi Politik: Studi Atas Politik Hukum Undang-Undang Perbankan No. 10/1998 Zainal Said; Irwan Abdullah; Lasiyo Lasiyo
Jurnal Studi Pemerintahan Vol 3, No 1 (2012): February 2012
Publisher : Department of Government Affairs and Administration, Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jgp.2012.0010

Abstract

Legal and political system is a subsystem in the community. Each perform a specific function to move the social system as a whole. A rill, a national banking law norms contained in Law no. 7/1992 concerning Banking as amended by Law no. 10/1998 provide less public protection arrangements (social protection) than in community settings (social deregulation). The Law. 7/1992 on banking, as amended by Law No. 10/1998 which does not restrict the ownership of commercial banks. In a company where there are differences in ownership of company shares a number of very big difference, it will be found the majority shareholder in one hand and minority shareholders, on the other by differences in the number of voting rights is striking. Lessons of the past shows that the majority principle causes ¬'s minority shareholders are in a position of powerlessness and disadvantage in enforcing their interests. Legal position of minority shareholders who number more weak and unable to deal with actions that harm the directors or commissioners of the company, it is caused by the position of the majority shareholder of which is identical with the company's second organ, both physically and interests.
Implementation of Law Number 8 of 1999 concerning Consumer Protection: The Relationship of Beauty Care Products in the City of Parepare Kumalasari, Intan; B, Asfiani; Said, Zainal; Suarning
SIGHAT: JURNAL HUKUM EKONOMI SYARIAH Vol 1 No 1 (2022): SIGHAT: JURNAL HUKUM EKONOMI SYARIAH
Publisher : Program Studi Hukum Ekonomi Syariah, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.98 KB) | DOI: 10.35905/shighat_hes.v1i1.3392

Abstract

The implementation of Law Number 8 of 1999 concerning Consumer Protection regarding the sale of Beauty Care Products in the City of Parepare is still not optimal because there are still many dangerous beauty care products found. Of course this results in losses to the consumer. This research uses a normative juridical method, a juridical approach, namely legal research conducted by examining library materials or secondary data as basic materials to be studied by conducting a search on regulations and literature related to the problems studied. The data collection technique uses observation, interviews, and documentation while the data analysis technique used in this study is the data analysis technique used by the researcher using the Miles and Huberman model, that there are three flow of activities, namely data reduction, data presentation, and drawing conclusions or conclusions. verification. The results of this study indicate that: 1) . The position of consumers is considered vulnerable because they cannot be separated from buying and selling activities and often experience fraud that results in losses. So to protect consumers, the government makes regulations on consumer protection Law No. 8 of 1999 which explains the principles of consumer protection, consumer protection goals, consumer rights, and obligations as consumers, 2) Implementation of regulations on selling beauty care products in the city. Parepare has long been in effect, but the reality in the field is not in accordance with the application of the rules because there are still many sellers who trade products that still use ingredients that are quite harmful to health, 3) Review of Islamic Economic Law regarding the sale of beauty care products in Indonesia. the city of Parepare which is not in accordance with existing Islamic law. Because, in the buying and selling process it is not in accordance with the rules contained in the legal conditions of the sale and purchase law, namely Ma'qud Alaih and Syara'.
Fulfillment of Children's Post-Divorce Supporting Obligations from an Islamic Law Perspective in Polewali Mandar Regency Sumiati; Agus Muchsin; Zainal Said; Sudirman L; M. Ali Rusdi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.4756

Abstract

The rights of children after divorce, both in the Marriage Law and the Compilation of Islamic Law, are that children have the right to continue to receive maintenance, care and education from their parents. In terms of financing the maintenance and education of children after divorce, it is the responsibility of the father, which in the Compilation of Islamic Law is known as hadhanah living. This is a form of parental responsibility in carrying out their obligations for the realization of children's rights as regulated in Law Number 23 of 2002 concerning Child Protection. However, mothers also help in managing the household and maintaining the welfare and happiness of the family. Therefore, father and mother both have an important role in the family, and the integrity of both is highly expected in a family in order to achieve a happy family. This type of research is field research. According to Dedy Mulyana, field research is a type of research that studies phenomena in their natural environment. For this reason, primary data is data that comes from the field. So that the data obtained truly corresponds to the reality regarding the phenomena that exist at the research location. Based on the results of the interview with Mr Syamsul, he explained that he was still able to work but did not carry out his responsibilities regarding child support rights after divorce based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl which sentenced the applicant to provide child support for 3 (three) children in the amount of Rp. 2,000,000 (two million rupiah) per month until the child is an adult or 21 years old with an additional 10% each year excluding education and health costs. Based on the results that the researcher has obtained, it can be concluded that the father's fulfillment of child support rights post-divorce in Polewali Mandar Regency based on the results of court decision Number 65/Pdt.G/2023/PA.Pwl has not been fully carried out by the father. This is caused by various factors, ranging from economic incompetence, indifference, to a lack of effective law enforcement mechanisms
The Phenomenon of Unregistered Marriages Due to Rejection of Marriage Dispensation: Study of the Enrekang Religious Court and KUA Kec. Baroque Abd Gaffar; Agus Muchsin; Fikri; Rusdaya Basri; Zainal Said
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.5791

Abstract

The general aim of this research is to find out the reality/phenomenon of unregistered marriages in the district. Baroko, To find out the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District Determination. Baroko, and to find out legal responsibility for marriage dispensations in Kec. Baroque. This type of research is qualitative research carried out at the Enrekang Religious Court and KUA District. Baroque. The main instruments of this research are observation, interviews and documentation. Data sources are primary data and secondary data. The research results show that first; The reality/phenomenon of marriage is not recorded in Kec. Baroko, namely unregistered marriages in Baroko District, illustrates a complex social phenomenon, where a number of couples choose not to officially register their marriages. This phenomenon reflects various factors, ranging from a lack of understanding of the importance of marriage registration, administrative obstacles, to economic and social factors that influence individual decisions. The consequences of unregistered marriages can impact the legal rights of spouses and their children, as well as hinder access to public services and legal protection, secondly; The judge's consideration in rejecting the application for marriage dispensation in the Religious Court and KUA District Determination. Baroko, namely the judge's considerations in rejecting requests for marriage dispensation at the Religious Court and KUA District. Baroko is based on the insufficiency of legal reasons, evidence, and fulfillment of the requirements stipulated by law. The judge assesses whether the application meets the best interests of the child and is in accordance with applicable legal norms, and thirdly; Legal responsibility for marriage dispensation in Kec. Baroko, namely legal responsibility for marriage dispensation in Baroko District includes the obligation to comply with legal requirements stipulated by statutory regulations. Marriage dispensation must be carried out on the basis of strong reasons and compliance with correct administrative procedures. Failure to comply with these provisions can have legal consequences for the parties involved, including protecting children's rights and enforcing legal norms.
Co-Authors Abd Gaffar Abduh, Muchtar Abdul Rahman Awan Agus Muchsin AGUS MUCHSIN, AGUS Ahmad Zaky, Ahmad Ahmad, Farouq Ali Ahmad, NurIlmhy Pratiwi Aidil Aditya Akram Akkas Al Bahri, Ulil Azmi Alam, Andi Sumange Amiruddin Andi Asruni ARIS ARIS, ARIS Aris Rauf, Aris Ariska, Dwi Putri B, Asfiani Bakri, Muhiddin Damirah DAMIRAH DAMIRAH, DAMIRAH Darwis Faizal Fikri Fikri Fikri Firman Firman H. Sudirman L. Haeril Anwar Hannani hardiyanti tahir Husain, Saddan Irwan Abdullah IRWAN ABDULLAH Irwan Irwan Islamul Haq Jamilah, Sitti Kumalasari, Intan Lasiyo Lasiyo LASIYO LASIYO Lasiyo Lasiyo, Lasiyo M. Nasri Hamang Marhani Muhammad Akbar Muhammad Ali Rusdi Bedong Muhammad Kamal Zubair Muhammad Saleh Mulki Sahnur Musyarif Musyarif, Musyarif Ni'matul Ilmu Tahir Pikahulan, Rustam Magun Pradana, Syafa’at Anugrah Prasetio, Tri Bambang Putri, Ade Rahmawati Rahmawati, Rahmawati Rasmi Ririn Erisyam Riska, Rina Rukiah Rusdaya Basri, Rusdaya Rusnaena Rusnaena Saidah Saidah Saidah Saidah Saidah Salmah Salmah Saripuddin Sih Natalia Sukmi Silvana Herman Silvi Sustrihazlinda Suarning Suarning, Suarning Sudirman Sudirman L Sudirman L, Sudirman Sufri, Melda Suhera Sukri, Indah Fitriani Sulkarnain Sumiati Suwandi Kusnaedi Syafruddin, Rezki Amaliah Syam, Nuradillah Tri Astuti Wawan Yunus, Mukhtar