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All Journal Al-Mizan (e-Journal) Al-Risalah : Jurnal Imu Syariah dan Hukum PALITA: Journal of Social - Religion Research IDEAS: Journal on English Language Teaching and Learning, Linguistics and Literature Jurnal Ekonomi Muamalah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-Amwal : Journal of Islamic Economic Law Jurnal Yustisiabel Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Al-Bayyinah
Muammar Arafat Yusmad, Muammar Arafat
Hukum Ekonomi Syariah, Fakultas Syariah, IAIN Palopo
Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Al-Bayyinah

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Legitimacy of Marriage Dispensation in Religious Courts based on The Law, Judges' Considerations, and Case Decisions Pasondong, Udin; Fachrurrazy, Muhammad; Yusmad, Muammar Arafat; Beddu, Rahmawati
Al-Bayyinah Vol. 7 No. 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.4239

Abstract

He age limit for marriage in Indonesia has brought changes to the regulation of the marriage age recognized by the state. The previous marriage law (UU No.1/1974) was reformulated into a new policy setting (UU No.16/2019) regarding marriage in Indonesia. This impacts the legitimacy of resolving legal cases of early marriages that occur, whether they are called early marriages, due to changes in statutory provisions or other problems of marrying by accident by taking legal action called marriage dispensation. Existing studies that respond to the issue of marriage dispensation tend to discuss changes or regulations on marriage dispensation after the birth of new regulations, apart from that, existing studies do not consider marriage at an early age as a legal problem that requires careful legal review. To fill this gap, this study focuses on what questions are the factors that cause requests for marriage dispensation, how judges consider making marriage dispensation decisions and a description of the fairness of legal certainty in decisions on marriage dispensation cases. To answer this question, qualitative research was carried out on the statements of judges in religious courts and observing the results of court case decisions to get a comprehensive picture of the application of age regulation in marriage and the reasons why there are requests for marriage dispensation in court.  From this research it was found that a marriage dispensation is a legal decision made based on the conditions of changes in the age limit in the Marriage Law and the conditions of young couples who are requesting permission to marry. Early marriage factors are caused by various things, data describing family factors, economic factors, and customary factors are the aspects that most influence someone marrying at an early age. The contribution of this research lies in the synchronization between laws, judges' considerations, and case decisions related to marriage dispensations to find harmony between legal norms and social reality.
Legal Protection for Child Victims of Sexual Abuse in Palopo City: Islamic Criminal Law Perspective Rahimuddin, Hastuti; Yusmad, Muammar Arafat; Assaad, Andi Sukmawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.6836

Abstract

The purpose of this study was to explore legal protection for child victims of sexual violence in the city of Palopo from the perspective of Islamic criminal law. The research method used was qualitative with interview and observation data collection techniques. The results of the study found that Sexual Violence against Children in the City of Palopo each consisted of two parts, namely: Verbal Violence in the City of Palopo, each of which was obtained by researchers amounting to 17 (seventeen) cases, and Physical Violence, acts of physical violence against Children at LPPA Luwu Raya in 2013. 2022/2023 proved 12 (twelve) cases, namely 9 (nine) cases of immorality in the form of abuse that had an impact on the physical. Furthermore, the Form of Legal Protection for Child Victims of Sexual Violence in the City of Palopo is to obtain protection for the safety of their person, family, and property and be free from threats from any party. In addition, in legal cases, child victims of sexual violence are not exposed like other criminal acts. Sexual harassment in the perspective of Islamic law does not have clear rules and provisions regarding detailed legal sanctions. So the legal provisions become a matter of ijtihad of scholars or the government that will produce legal provisions by referring to the legal provisions contained in the Qur'an and hadith. In another perspective, perpetrators of sexual harassment will be handed over to the judge or government who has the right to decide the case.
Co-Authors Abdain Andi Sukmawati Assaad, Andi Sukmawati Anita Anita Arif, Firman Muh. Arif, Firman Muhammad Assaad, A. Sukmawati Ayyub, Mukhtaram Beddu, Rahmawati Dewi, Shinta Fachrurrazy, Muhammad Hasrul, Muhammad Helmi Kamal, Helmi Hidayat, Mohammad Shofi Irwansyah Irwansyah Ismail Jabir, Riskal Jamaluddin, Fitriani Marinsah, Syamsul Azizul Bin Muang, Muh. Shadri Kahar Mustaming Pasinian, Suleha Nurazisah Pasondong, Udin Puspa, Puspa Rahimuddin, Hastuti Rahma Amir, Rahma Ramadan Savhika S. , Yulia Syahriwijaya, Egi Ramdhani Takdir Takdir Takdir, Takdir