Articles
Emotional Maturity in Building Household Harmony from the Perspective of Maqashid Syariah: A Study of Married Couples in Samarinda City
Hidayat, Muhammad Yususf;
Andaryuni, Lilik
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 10 No 2 (2023): Desember
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan
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DOI: 10.24252/al-qadau.v10i2.44348
Harmony within a marital relationship reflects an ideal state where couples strive for balance and alignment across various aspects of their shared life. Emotional management stands as a cornerstone in achieving this harmony. This article delves into emotional maturity among couples in Samarinda City in building marital harmony from the perspective of Maqashid Sharia. The research method employed is qualitative with a case study approach, drawing data from interviews with married couples in Samarinda. Data analysis is conducted interactively, encompassing data collection, condensation, presentation, and conclusion drawing. The research findings assert that emotional maturity plays a pivotal role in achieving marital harmony. For couples in Samarinda, emotional maturity influences communication, conflict management, emotional involvement, and resilience in facing challenges. Integration with the principles of Maqashid Sharia also demonstrates the influence of Islamic values in supporting emotional maturity and affecting all aspects of family life.
MENGUATKAN IKATAN: MEMAHAMI HUBUNGAN SUAMI ISTERI DALAM KELUARGA
Putri, Putri Amalia;
Andaryuni, Lilik
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long
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DOI: 10.56301/juris.v8i2.1343
This research aims to explore the dynamics of husband-wife relationships within Islamic family structures, focusing on both sociological and psychological perspectives. Utilizing a literature review methodology, a total of 17 scholarly articles published between 2004 and 2023 were analyzed to understand the factors influencing family relationships. The analysis techniques involved systematic selection, evaluation, and synthesis of relevant literature. The findings reveal that a harmonious husband-wife relationship is crucial for overall family well-being, highlighting the impact of emotional bonds and communication patterns. A harmonious relationship between husband and wife is identified as the key to the overall well-being of the family. Good interactions and healthy communication patterns enhance the quality of the relationship. Research has found that factors such as social pressure, individual differences, and changing times can affect the quality of the husband-wife relationship. From a sociological perspective, the husband-wife relationship is seen as part of a larger social structure. Additionally, the study provides recommendations for enhancing relationship quality in Islamic family contexts.
Pandangan Masyarakat terhadap Makna yang Terkandung dalam Proses Antar Jujuran Suku Banjar
Khairunnisa;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 2 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i2.1336
Marriage is a profound bond between a man and a woman aimed at forming a harmonious, loving, and compassionate family, grounded in the belief in the Almighty God. The Marriage Law No. 1 of 1974 governs marriage as a means to build a happy family, addressing both physical and spiritual needs. In practice, marriage involves the element of dowry or mahar, which varies by region. In Samarinda, the Banjar ethnic group has a tradition called "maantar jujuran," where the dowry is tailored to the bride’s preferences and local cultural practices. This tradition is not merely a requirement but also a symbol of respect and commitment from the groom. The process of delivering the jujuran involves negotiations between the families of the bride and groom to determine the amount and timing of the dowry. This study employs qualitative methods and case study approaches, using descriptive and analytical techniques to explore the maantar jujuran tradition. Although not part of Islamic law, this tradition is significant in Banjar culture as a form of cultural and local wisdom-based da'wah. The findings indicate that maantar jujuran serves as a symbol of commitment and financial support for the newlyweds, while preserving social norms and cultural traditions within the Banjar community.
Implementasi Sema Nomor 3 Tahun 2023 di Pengadilan Agama Samarinda (Studi Terhadap Persepsi Para Pihak)
Mulyadi;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1501
The state, through the Supreme Court, is trying to reduce the divorce rate by strengthening the principle of making divorce difficult through Supreme Court Circular Letter (SEMA) Number 1 of 2022 and then changing it to SEMA Number 3 of 2023. This circular letter stipulates that divorce must have been separated for six months. forever. However, this circular letter gave rise to a new polemic because it conflicted with the existing Sighat Taklik. Sighat Taklik provides a condition of three months without providing mandatory maintenance so that a wife can sue her husband for divorce. Facts on the ground also show that not all judges implemented the circular. The author found that there was a divorce case at the Samarinda Religious Court where they had not been separated for 6 months but the judge granted their divorce request. There are other cases where the judge's application for divorce was rejected because they had not been separated for 6 months. This has become a new polemic among society. This is also in line with the opinion of the Supreme Court which states that the Supreme Court Circular Letter is a form of circular from the Supreme Court to all levels of the judiciary which contains guidance in the administration of administrative justice.
Budaya Batimbang pada Bayi yang Lahir Dibulan Safar pada Masyarakat Sangasanga
Yohana Mega Nanda;
Lilik Andaryuni;
Ashar Pagala
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1531
In ancient times, the Jahiliyah Arab community believed in the month of Safar as a month that brought bad luck. But not all people believe in this. Because there are so many traditions that are often carried out by many groups to welcome the month of Safar, one of them is to do Betanding for newborn babies. The purpose of this study is to find out how the cultural development contained in the Batanding tradition is in the Banjar community who live in Sangasanga District. The factors that underlie some Banjar people believe in and carry out certain practices in the month of Safar based on information from the books of previous scholars submitted by religious leaders so that a process of suggestion and imitation of behavior occurs (modelling). This tradition has been passed down from generation to generation until now. The motivation and goal is to gain safety and avoid bad luck.
Sistem Pembuktian Materil dalam Perkara Perdata Waris di Pengadilan Agama Samarinda (Studi Putusan Pengadilan Agama Samarinda Nomor: 850/Pdt.G/2023/PA.Smd)
Dhimas Abbe Pramudya;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1532
The system of evidence in civil cases only needs to be realized by the judge in the form of formal truth. However, Decision Number: 850/Pdt.G/2023/PA.Smd The Panel of Judges has put aside the principle of formal evidence and used a material evidence system to find the truth in the inheritance case. The aim of this research is to understand the concept of proof in civil cases in Indonesia and analyze the proof system in Decision Number: 850/Pdt.G/2023/PA.Smd. This research is normative research with a statutory and conceptual approach. The results of the study show that inheritance cases are one of the civil cases, where the evidentiary system achieves formal truth. Decision Number: 850/Pdt.G/2023/PA.Smd provides the view that although inheritance is one of the civil cases, it is not necessarily rigid to the civil law evidentiary system which seeks formal truth, but depends on the circumstances and position of the case which requires proof others in seeking the truth of a dispute, one of which is through the testimony of witnesses who are decisive in the judge a quo's considerations.
Wasiat Wajibah sebagai Hilah dalam Hukum Waris Islam
Muhammad Afif Al Haq;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1539
Wasiat Islam is an action that is recommended to gain the approval of Allah SWT and hope for His reward. And this will is voluntary from the person who owns the assets to another party which is executed after death. In the last few decades a new law emerged called mandatory will. This obligatory will is a will intended for heirs or relatives who do not receive a share of the inheritance of the person who died, due to a sharia obstacle. This law is one of the results of Islamic law reform which first appeared in Egypt as Inheritance Law legislation in 1946 to overcome the view that male grandchildren inherit mahjub. However, in Indonesia the mandatory will in the compilation of Islamic law (KHI) has changed its function to be intended for adopted children. Basically, according to Islamic inheritance law, adopted children do not receive a share of the inheritance. The purpose of this research is to discuss the regulations on mandatory wills and understand the basics of the application of this law from the perspective of Islamic law and whether it conflicts with Islamic inheritance law, or that this mandatory will is a hilah or a deviation from Islamic law.
Pembaharuan Hukum Keluarga Islam Kontemporer di Indonesia: Aturan Batas Usia Nikah oleh Lembaga Perkawinan dan Relevansinya dengan Hukum Islam
Rika Ramadhani;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1573
Law is a flexible thing, as is Islamic law. The provisions and rules contained in the law depend on developments over time and the conditions of society in the region. In Indonesia, the household life of Islamic families is regulated by the institution of marriage. One of the reforms in Islamic family law that occurred in Indonesia focused on the age limit regulations for marriage implemented by marriage institutions. This reform was implemented in an effort to deal with social change and as a preventive measure against early marriage, which often has a negative impact on family stability and individual well-being. The revised Indonesian marriage law contained in Law Number 16 of 2019 sets the marriage age limit for men and women at 19 years, and regulates the provisions for marriage dispensation for individuals under that age. From the perspective of Islamic law, this change is not considered contrary to religious teachings. Even though there are hadith arguments that allow marriage at an early age, the Qur'an prioritizes biological, psychological maturity and financial readiness as conditions for marriage. Government policy regarding the minimum age limit for marriage is seen as relevant to the principle of maslahah in Islam, which aims to protect and promote the welfare of society. The aim of this research is to identify the classical Islamic legal view regarding the marriage age limits set by the Indonesian government, as well as its relevance to the current social context.
Aplikasi Pendekatan Interdisipliner dalam Studi Hukum Perkawinan
Rianti;
Lilik Andaryuni
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1597
This research examines the application of an interdisciplinary approach in the study of marriage law, with a focus on integration between the disciplines of law, sociology and anthropology. This interdisciplinary approach aims to provide a more comprehensive and holistic understanding of marriage legal issues, which often cannot be resolved adequately through a legal perspective alone. The research results show that an interdisciplinary approach is able to enrich understanding of marriage legal issues, such as divorce, domestic violence, and the rights and obligations of husband and wife, by taking into account socio-cultural dynamics and individual psychological aspects in marriage. This approach also supports the formulation of marriage policies that are more inclusive, fair and sustainable, as well as increasing the effectiveness of law enforcement. This study concludes that an interdisciplinary approach is very relevant in facing modern challenges in the field of marriage law and can be the basis for developing policies that are more adaptive to society's needs.
Urgensi Dalam Pelaksanaan Pencatatan Nikah Perpektif Hukum Positif di Indonesia
Khomsutamam;
Andaryuni, Lilik
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena
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DOI: 10.51278/bce.v4i3.1602
Marriage is an important aspect of human life that requires legal regulation to maintain the continuity of the family. Marriage registration in Indonesia has an urgency in ensuring the validity and legal protection of married couples. This research uses a descriptive analysis approach to examine the rules for registering marriages in the 1974 Marriage Law and the Compilation of Islamic Law. Data was obtained through literature study and analysis of related regulations. From this research, it was found that marriage registration has an important role in maintaining the validity of marriages and providing legal protection for couples. An effective registration process can facilitate the implementation of the 1974 Marriage Law. Based on the research results, it is recommended to increase socialization regarding the importance of marriage registration in society. The government also needs to pay attention to the implementation of regulations regarding marriage registration to strengthen legal protection for married couples in Indonesia. Marriage registration has a vital role in maintaining the validity of marriages and providing legal protection for couples. Further efforts are needed to improve understanding and implementation of relevant regulations to strengthen the institution of marriage in Indonesia.