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PELAKSANAAN PUTUSAN HAKIM TERHADAP PEMENUHAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PENELITIAN DI MAHKAMAH SYAR’IYAH BIREUEN) Khairani, Ridha; Aksa, Fauzah Nur; Afrizal, Teuku Yudi; maghfirah, fitri
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9160

Abstract

The judge's decision determines child custody after divorce. In some cases, the child's custody rights are given to the mother or father, and in implementation, there are parents who do not heed the results of the judge's decision, so that the plaintiff must carry out the execution by submitting the contents of the petition or withdrawing the point of claim such as the Syar'iyah Court Decision Number 594/ Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This research aims to find out and explain the analysis of the judge's decision regarding the fulfillment of child support based on the Syar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and 97/Pdt.G/2023/MS.Bir and to find out the obstacles and the efforts taken in implementing the Shar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This type of research is qualitative research with an Empirical Juridical approach, and the nature of the research is descriptive. Based on the results of the research, it is known that before determining the cost of child support rights, the judge first confirms the parties involved, then the judge will also analyze the ability of the party charged with child support due to divorce. There are no obstacles in implementing the Shar'iyah Court decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir, and if the father does not fulfill his obligations as stated in the decision, then the father does not receive sanctions, because the court's obligations do not reach the stage of giving sanctions to the father, so the solution given is that the mother must apply for execution or submit a request for the contents of the decision. If this effort is also unsuccessful, then legal efforts can be taken that can protect children from irresponsible parental actions in Article 76 B and Article 77 B of Law Number 35 of 2014 concerning Child Protection.
Warehouse Receipt System Policy for Aceh’s Gayo Coffee Farmers during COVID-19: An Overview of Maqāṣid Sharia Andriani, Fitria; Maghfirah, Fitri
Jurnal Pemberdayaan Masyarakat: Media Pemikiran dan Dakwah Pembangunan Vol. 5 No. 2 (2021): Jurnal Pemberdayaan Masyarakat
Publisher : UIN Sunan Kalijaga, Yogyakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/jpm.2021.052-06

Abstract

This study aims to describe three discussion topics about the importance of the coffee commodity for the Gayo community, the impact of COVID-19 on Gayo coffee farmers, and to analyse the policies implemented by the government in minimizing the losses of farmers affected by COVID-19 in the framework of maqāṣid sharia. This type of research is qualitative, with data methods through in-depth literature reviews of primary and secondary sources of previous scientific research, government agency reports and online media. The results showed that Gayo coffee has made a major contribution to food security, but since Covid-19 it has implications for coffee price fluctuations which have an impact on decreasing people’s income. Therefore, the government issued a Warehouse Receipt System policy, with the aim that Gayo coffee farmers could use warehouse receipts to obtain financing facilities from banks in financing food security and coffee production needs. The policy taken by the government in minimizing the risk of loss for Gayo coffee farmers is a manifestation of the value of the maqāṣid sharia values in maintaining self-preservation (ḥifẓ nafs) and preserving property (ḥifẓ Mal) so that they can continue to survive in order to maintain welfare even during the pandemic. This effort can also be used to strengthen the Gayo coffee production chain because in addition to obtaining financing to meet production needs, it can also be used to meet food during a crisis.
RESILIENCE OF CUSTOMARY LAW IN FACING THE ECOLOGICAL CRISIS IN PAYA NIE Fitri Maghfirah; Marlia Sastro; Sela Azkia; Muhammad Yusra; Nanda Setia Saputra
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4376

Abstract

This study employs a qualitative socio-legal approach to examine the role of customary law in addressing climate change and ecological challenges in the Paya Nie wetland ecosystem. Customary law is understood not only as written norms but also as living practices embedded in community life. Thus, the ecological crisis in Paya Nie marked by recurrent drought, flooding, and ecosystem degradation cannot be analyzed solely through normative legal perspectives but requires a broader socio-ecological framework. Research data were obtained from two main sources. Secondary data came from academic journals, legal documents, government reports, and research publications, providing the conceptual foundation to situate customary law within environmental governance. Primary data were collected through participatory observation and in-depth interviews with customary leaders, local stakeholders, and surrounding communities to capture social dynamics, communal solidarity, and unwritten customary mechanisms that remain influential in daily practice. Data were analyzed using a descriptive-analytical method. The analysis first mapped ecological problems in Paya Nie, then linked them to customary and formal legal instruments, including qonun gampong. Finally, the findings were interpreted through the lens of socio-ecological resilience theory to reveal how communities adapt, transform, and innovate in response to climate change. The study shows that customary law in Paya Nie functions not only as a set of traditional rules but also as an adaptive mechanism that strengthens community resilience. It plays a critical role in regulating land use, fostering solidarity, and sustaining ecological balance. These findings contribute to the broader discourse on how living customary law can serve as a local strategy for ecological resilience in the face of global environmental change.