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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Ilmu Hukum KYADIREN Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Sofyan Hasan, Sofyan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of Sharia Economic Procedural Law in Indonesia and Comparison of Sharia Economic Cases in Malaysia and Indonesia Basir, Cik; Emirzon, Joni; Syaifuddin, Muhammad; Hasan, Sofyan
Nurani Vol 24 No 1 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i1.22625

Abstract

Sharia economy is a subsystem of the national economic system. As an economic system with distinctive Sharia principles, which is an integral part of the national economic system, it should have regulations that can provide appropriate legal certainty for the community. However, this study highlights several weaknesses related to the regulations governing the resolution of Sharia economic procedural law, including the limitations of Supreme Court Regulation (Perma) Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases and the pluralistic nature of Sharia economic procedural law sources. The aim of this research is to analyze the weaknesses in the resolution of Sharia economic procedural law, leading to disparities in the pursuit of justice by individuals in Religious Courts. This normative problem demands a reconstruction of Sharia economic procedural law to align it with Sharia principles and the values embodied in Pancasila. Furthermore, this study will compare the Sharia economic procedural law in Malaysia, which adheres to the principle of persons professing the religion of Islam, in the resolution of Sharia economic cases. The legal research method used is normative juridical, thus this research analyzes based on three aspects: philosophical, juridical, and sociological, to identify the urgency of legal reform of Perma Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases. The findings of this research recommend a judicial review of Perma Number 14 of 2016 to build a Sharia economic procedural law derived from Islamic law and capable of providing legal certainty in all aspects of Sharia economic cases.
Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb Yurnelis, Yurnelis; Tanzili, Mulyadi; Hasan, Sofyan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/0wnn3x55

Abstract

This study examines the legal implications of the non-enforcement of court decisions in child custody disputes following divorce, focusing on the Jambi High Religious Court Decision Number: 5/Pdt.G/2024/PTA.Jb. Utilizing a normative legal research method, this study analyzes relevant laws and judicial rulings. The findings indicate that although Indonesia has established a comprehensive legal framework for child protection through Law No. 35 of 2014, the execution of child custody decisions continues to face significant challenges. These challenges include inadequate communication between divorced parties, the psychological impact on children, and the lack of criminal sanctions for individuals who fail to comply with court rulings. This study recommends a holistic approach to the enforcement of custody decisions, the strengthening of legal enforcement mechanisms, and enhanced institutional coordination to ensure the effective protection of children's rights after divorce. 
Analisis Yuridis Pertimbangan Hakim dalam Putusan Menolak atau Mengabulkan Izin Poligami di Pengadilan Agama Kota Palembang Putri, Arza Amelia Tiara; Hayatuddin, Khalisah; Hasan, Sofyan
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

Permission for polygamy is regulated in Law No. 1 of 1974 on Marriage, which affirms the principle of monogamy but provides for exceptions subject to obtaining permission from the court. This provision forms the basis for the examination of applications for permission for polygamy in the Palembang Religious Court. The results of the study show that in practice, judges do not only refer to the fulfilment of normative requirements as stipulated in laws and regulations, but also focus on sociological considerations, such as household conditions, the impact on wives and children, and aspects of public interest. A decision granting permission for polygamy provides legal legitimacy for the marriage to take place and creates new rights and obligations for the parties, while a decision to reject the application reinforces the principle of monogamy and serves as legal protection for the wife and children from potential injustice.
Co-Authors Basir, Cik Hayatuddin, Khalisah Joni Emirzon Muhammad Syaifuddin Putri, Arza Amelia Tiara Tanzili, Mulyadi Yurnelis Yurnelis