Muh Jufri Achmad
Universitas 17 Agustus 1945 Surabaya

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PERLINDUNGAN TERHADAP PENGABAIAN HAK ASUH ANAK AKIBAT PERCERAIAN Vina Mareta; Muh Jufri Achmad
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.146

Abstract

A child is a person who is under the age of 18, or who has not yet reached the age of 18, including a child in the womb. In a marriage, the child born from the marriage must get his rights without the child asking. This research aims to find out the protection against the neglect of child custody due to divorce. The type of research used in this writing is normative law. The approach used is the statute approach and the conceptual approach. Based on this research, it shows that from the breakup of a marriage, there are legal consequences that follow, one of which is about the custody of the child born from the marriage. Child custody due to divorce falls into the hands of the mother, because the child is still under 12 years old. If the biological father or mother of the child does not want to take care of him, then the most entitled person to obtain custody of the child is the grandmother (the mother of the child's biological mother). If the grandmother (the mother of the child's biological mother) is not present or dies, then the custody of the children is transferred to the grandmother (the mother of the child's biological father). If the grandmother (mother of the child's biological father) is not present or has passed away, then the custody of the child is transferred to the uncle (brother or younger brother of the child's biological mother). If the uncle (brother or younger sister of the child's biological mother) is not present or has passed away, then the custody of the child is transferred to the uncle (brother or younger sister of the child's biological father).
ANALISIS AKAD JUAL BELI MENGGUNAKAN SHOPEE PAYLATER DALAM PERSPEKTIF HUKUM ISLAM Bilqis Salma Elysia; Muh Jufri Achmad
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.219

Abstract

Shopee pay later is a payment method that utilizes bailouts from related application companies. This Shopee paylater offers loan fund products with zero percent interest and no minimum transactions, and loans can be used to purchase various products at Shopee with a period of approximately 30 days. The size of the shopeepay later interest itself is ranging from 0% to 2.95% each month. The rules regarding interest which are considered small make shopee paylater an alternative that is used by the community in carrying out shopping activities so that their needs are met without money being paid in advance. This research was carried out as an attempt to look at the practice of shopee paylater credit by utilizing the shopee application and what is the Islamic perspective on the practice of shopee pay credit on the shopee marketplace. The research carried out was a type of field research, namely collecting data directly at the research location. Primary data obtained from interviews and secondary data obtained from books, theses, journals, fartwa, and so on are used. The findings of this study indicate that those who use the shopee register themselves to activate the shopee paylater, then when it is successfully activated, the shopee paylater can be used to carry out shopping activities. Based on Islamic law, the practice of shopee paylater credit on the shopee marketplace has two laws, namely mubah and haram. It was stated that it was mubah considering that the contract was carried out clearly, as evidenced by the existence of a contractual agreement made by the seller and the buyer when making an agreement and Kabul and giving an additional price to the shopee credit practice which was stated as a deferral price, and was determined unlawful because the additional costs referred to were usury which where usury is something that is forbidden in the long term of Islamic business ethics. Meanwhile, the shopee paylate credit policy implements an additional price of 2.95% to pay off bills for a certain period of time
URGENSI PERNIKAHAN ANAK DIBAWAH UMUR DITINJAU DARI PERSPEKTIF UNDANG – UNDANG PERKAWINAN Vicky Widiadhana; Muh Jufri Achmad
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.234

Abstract

Marriage is a social pattern that binds both parties, a pair of lovers between a man and a woman in forming a household ark and becoming a family. From the Islamic point of view, a very strong contract is mitsiqan ghalizhan in obeying Allah's commands and carrying it out is worship through certain conditions. In this study, we will examine more deeply about the problems in a child marriage from a legal perspective. The research methods that will be used are qualitative methods, normative juridical approaches, statutory approaches and presentations with descriptive research specifications, use of secondary data, materials, understanding how to interpret data, presenting data based on a theoretical framework, and analyzing using normative qualitative methods. If we look from a legal perspective, underage marriages occur a lot because the marriage law provides tolerance for underage marriages is quite large, by providing the application of an age limit at the age of 16 years in allowing marriage. Of course, in this case, it is very necessary to make an effort to harmonize the various marriage legal systems that apply in Indonesia so that the legislative challenges that arise due to the disparity of legal provisions in the issue of child marriage. in the prevention that can be done from now on is to revise the marriage law and to mature the age in marriage so that these efforts can minimize the prevention of child marriages occurring. The role of the government is very necessary in this regard and is committed to stopping the practice of this underage marriage tradition because in addition to the urgency that is not urgent, it will even add new problems in the development of society such as affecting women's and children's health problems, divorce which will increase due to domestic problems that arise. based on emotions that are still unstable, as well as the safety of mothers and children when they are about to give birth