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Serial Polygamy without the Consent of Legal Spouses: Juridical Analysis and Study of Islamic Family Law Wati, Khairina; Darmawijaya, Edi; Amri, Aulil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16754

This study analyzes the practice of unregistered polygamous marriages (poligami siri) conducted without the knowledge of the lawful wife, which remains prevalent in Gampong Barueh, Kota Jantho, Aceh Besar. This phenomenon reveals a disparity between legal regulations and social practices, as it contravenes Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, both of which require the consent of the first wife and official marriage registration. The research employs a juridico-empirical approach through case and conceptual studies, involving interviews with the village head (Keuchik) as the key informant and two respondents consisting of a married couple. The findings indicate that poligami siri is often conducted secretly, motivated by economic factors and biological needs. From the perspective of Islamic jurisprudence (fiqh), such marriages are deemed valid as they fulfill the essential elements (arkan) of marriage; however, from a legal standpoint, they lack state recognition, resulting in legal uncertainty, gender discrimination, and child neglect. The practice disregards the Islamic principles of justice (al-‘adl) and responsibility (mas’uliyyah). The study recommends strengthening the supervisory roles of the Office of Religious Affairs (KUA) and the Sharia Court (Mahkamah Syar’iyah), implementing collective isbat nikah programs, and enhancing family law literacy through community legal education. It further concludes that greater synergy between Islamic law and national law is essential to ensure that polygamous marriages are not only religiously valid but also legally enforceable to protect the rights of wives and children.

Serial Polygamy without the Consent of Legal Spouses: Juridical Analysis and Study of Islamic Family Law Wati, Khairina; Darmawijaya, Edi; Amri, Aulil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16754

This study analyzes the practice of unregistered polygamous marriages (poligami siri) conducted without the knowledge of the lawful wife, which remains prevalent in Gampong Barueh, Kota Jantho, Aceh Besar. This phenomenon reveals a disparity between legal regulations and social practices, as it contravenes Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, both of which require the consent of the first wife and official marriage registration. The research employs a juridico-empirical approach through case and conceptual studies, involving interviews with the village head (Keuchik) as the key informant and two respondents consisting of a married couple. The findings indicate that poligami siri is often conducted secretly, motivated by economic factors and biological needs. From the perspective of Islamic jurisprudence (fiqh), such marriages are deemed valid as they fulfill the essential elements (arkan) of marriage; however, from a legal standpoint, they lack state recognition, resulting in legal uncertainty, gender discrimination, and child neglect. The practice disregards the Islamic principles of justice (al-‘adl) and responsibility (mas’uliyyah). The study recommends strengthening the supervisory roles of the Office of Religious Affairs (KUA) and the Sharia Court (Mahkamah Syar’iyah), implementing collective isbat nikah programs, and enhancing family law literacy through community legal education. It further concludes that greater synergy between Islamic law and national law is essential to ensure that polygamous marriages are not only religiously valid but also legally enforceable to protect the rights of wives and children.

PENGARUH GADGET TERHADAP MOTIVASI BELAJAR ANAK DI EDU PRIVAT BEURAWE Kandi, Nurlailan; Mardhiah, Ainal; Ismail, Nurjanah; Darmawijaya, Edi
JURNAL KAJIAN ISLAM MODERN Vol 13 No 02 (2025): DESEMBER 2025
Publisher : Institut Agama Islam Sahid (INAIS) Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56406/jurnalkajianislammodern.v13i02.734

This study aims to investigate the effect of gadget use on children's learning motivation at Edu Privat Beurawe. The background of this study states that there is a shift in children's learning interests along with the development of information technology that provides easy access to various learning resources. The use of gadgets among students, although presenting some problems, also offers significant potential in increasing learning motivation. The research method used was a survey with a questionnaire distributed to 17 junior high school students at Edu Privat Beurawe, which explored the frequency of gadget use and its impact on their learning motivation. Data analysis showed that 80% of students used gadgets to study for 2-3 hours per day, and the results indicated a significant positive relationship between gadget use and learning motivation (p < 0.05). Students who actively used gadgets for educational purposes showed higher learning motivation scores with an average of 78 compared to those who used gadgets less who only reached an average of 65. However, around 35% of respondents reported that they were often distracted by non-educational applications, indicating challenges that need to be addressed. This study provides insight into teaching strategies in the digital era that can create a more engaging and effective learning environment for students.

Limits of Government Authority in Business Dealings with Business Entities: A Comparative Study of the Public Contract Regimes of Indonesia and the Netherlands Nugraha, Muhammad Al-Haadi; Kurniawan, Ridha; Sari, Nova Artika; Ghozali, R.Imam; Darmawijaya, Edi
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50396

Government involvement in business agreements with business entities is expanding along with increasing development needs, but the limits of government authority in public contracts remain undivided. This ambiguity creates normative problems because government contractual actions are often treated as private, even though their substance still carries a public character that must comply with the principles of legality and good governance. The fragmentation of regulations between the Civil Code, the State Administration Law, and the procurement regime increases legal uncertainty, while the Dutch model demonstrates a more stable structure through the integration of administrative principles across all contractual actions. The approach used is a juridical-normative approach, examining laws and regulations, court decisions, legal doctrine, and classical and modern theories of authority. The main objectives of the analysis are to identify the limits of government authority in public contracts, compare the Indonesian and Dutch frameworks, and formulate a more consistent direction for normative reform. The results of the study indicate that Indonesia still positions government contracts as civil agreements, making administrative actions within contracts unamenable to legality testing. The lack of integration between civil and administrative norms opens up room for excessive discretion, creates an imbalance in bargaining power, and increases the risk of ultra vires. In contrast, the Netherlands positions government contracts as public acts, so that every official's actions are subject to the principles of proportionality, prudence, equality, and protection of legitimate expectations, and are subject to judicial review. This integration results in significantly stronger legal certainty and predictability. As a follow-up, a codification of the public contract regime is needed, combining the principles of legality, limits on discretion, objection mechanisms, and public interest parameters within a single, solid normative framework.

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