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PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO) Marwing, Anita
Palita: Journal of Social Religion Research Vol. 1 No. 1 (2016): Palita: Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v1i1.60

This article aims to determine the women rights in Islam, in post-divorce and in knowing the analysis of judges’ decision in Palopo Religious Court regarding the women rights after divorce. The findings showed that the judge's decision regarding the rights of women were concluded as follows; 1) the contested or talak divorce cases by verdict judgment did not cover the wives rights in which judges presumption should not decide the case on the outside of the charge materials (ultra-petition). So that, the judge did not dare to assign or guarantee the women rights legally after divorcing such as Mut'a child custody, property rights if not being the charge materials. 2) The contested divorce cases did not cover any lawsuit regarding the wives rights. Although the judge had the ex officio rights in determining the wives rights whether requested or not, the judges of Palopo Religious Court were just in case of the cause of divorce where the husband and wife were not willing to be divorced. So, the judges utilized their ex officio rights to punish the husbands for providing Mut'a according to their ability and feasibility. 3) In reconvenes decision, it was mentioned the wives rights in the judges’ decision in which they are Iddah living, Mut'ah, past living, and the child costs. At the living Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the same nominal amount. It is also similar to the Mut'ah and children costs

The Concept of Impeachment in The Indonesia's Constitutional System From The Perspective of Fiqh Siyasah Marwing, Anita; Asni, Asni; Astuti, Widia
al-'adalah Vol 19 No 2 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i2.14289

This study discusses the Siyasah Fiqh Review of the concept of Impeachment in the Indonesian State Administration. The aim is to find out and understand the mechanism for impeachment/dismissal of the President or Vice President in Indonesia's constitutional system as stipulated in Articles 7 a and 7 b of the 1945 Constitution and the fiqh siyasa perspective on these rules. This research belongs to normative legal research that uses normative, juridical, and historical approaches. Data were collected using literary techniques, then analyzed descriptively and qualitatively. The results of this study indicate that the practice of impeaching the President in the past occurred more often due to political issues, namely the disputes between the legislature and the executive regarding the issue that the President had violated the law. In the past two impeachment proceedings, there has been no precise regulation regarding the impeachment mechanism of the President in the country's Constitution. After the amendment, the issue of impeachment was adopted in Articles 7A and 7B of the 1945 Constitution. Article 7A limits the grounds for impeachment, while Article 7B complicates impeachment by the presence of a judicial institution. From the perspective of Fiqh,siyasa, the head of State's impeachment can be carried out if it meets the criteria and reasons that Syara has determined'

PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO) Marwing, Anita
Palita: Journal of Social Religion Research Vol. 1 No. 1 (2016): Palita: Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v1i1.60

This article aims to determine the women rights in Islam, in post-divorce and in knowing the analysis of judges’ decision in Palopo Religious Court regarding the women rights after divorce. The findings showed that the judge's decision regarding the rights of women were concluded as follows; 1) the contested or talak divorce cases by verdict judgment did not cover the wives rights in which judges presumption should not decide the case on the outside of the charge materials (ultra-petition). So that, the judge did not dare to assign or guarantee the women rights legally after divorcing such as Mut'a child custody, property rights if not being the charge materials. 2) The contested divorce cases did not cover any lawsuit regarding the wives rights. Although the judge had the ex officio rights in determining the wives rights whether requested or not, the judges of Palopo Religious Court were just in case of the cause of divorce where the husband and wife were not willing to be divorced. So, the judges utilized their ex officio rights to punish the husbands for providing Mut'a according to their ability and feasibility. 3) In reconvenes decision, it was mentioned the wives rights in the judges’ decision in which they are Iddah living, Mut'ah, past living, and the child costs. At the living Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the same nominal amount. It is also similar to the Mut'ah and children costs

Akomodasi Nilai-Nilai Pluralisme dalam Acara Adat Rambu Solo di Toraja (Analisis Urf) Patiara, Syahril Bin; Marwing, Anita; Arif, Firman Muhammad
Palita: Journal of Social Religion Research Vol. 9 No. 2 (2024): Palita : Journal of Social Religion Research
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/pal.v9i2.4887

This research discusses the rambu solo' tradition in Toraja, the value of pluralism in the tradition, and urf analysis related to the rambu solo' procession. This research uses a qualitative method with a legal sociological approach, empirical, and urf analysis. The rambu solo' ceremony is divided into several levels: 1) disili', for lower castes and infants; 2) di pasangbongi, for free people with a short procession; 3) dibatang/didoya tedong, for the middle and upper classes; and 4) rapasan, specifically for nobles. This tradition reflects the value of pluralism through togetherness in the 3S (Sikamali, Siangga', Siangkaran). Urf in rambu solo' includes shahih urf, except for some additional customs that do not conflict with Islamic law. Keywords: Pluralism Values, Rambu Solo Toraja, Urf Analysis

Peningkatan Kesadaran Hukum Tentang Partisipasi Masyarakat Dalam Pembangunan Desa Di Kabupaten Luwu Sulawesi Selatan Marwing, Anita; Halide, Nirwana; N., Zahrum; Wati, Shinta
Madani: Jurnal Pengabdian Ilmiah Vol. 4 No. 2 (2021): Madani: Jurnal Pengabdian Ilmiah
Publisher : LP2M IAIN Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/md.v4i2.5156

This service activity explains increasing legal awareness regarding community participation in village development in Luwu district. These activities are carried out in the form of counseling using methods of delivering material, interactive dialogue and solving problems related to village development. Several forms of activities that have been carried out in this program are: counseling about the village law; counseling on village development planning; Assistance training in preparing village development plans that are more participatory in nature. The target of this activity is the people of Cakkeawo village and North Bonelemo village, Luwu Regency, South Sulawesi. Based on the activities that have been carried out, there are several indicators that have been achieved, including: (1) building the commitment of community members to have the courage to convey ideas/suggestions at public forums/village deliberations, especially in terms of planning, budgeting and evaluating development results; (2) developing the commitment of citizen organizations to start practicing and discussing procedures for planning, budgeting and evaluating development results using good procedures; (3) building the commitment of village government officials to be open, responsive and accountable in planning, budgeting and evaluating village development results. Apart from that, there is a counter draft village development plan (RAPBDes) which is prepared in a participatory manner.

Hak Anak dan Pola Asuh Pasca Perceraian di Kecamatan Mungkajang Kota Palopo Perspektif Fikih Parenting Muchtar, Zulayka; Marwing, Anita; Nur, Muhammad Tahmid
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4623

This study aims to analyze children's rights and parenting patterns in post-divorce in Mungkajang Sub-district, Palopo City. This research was analyzed by descriptive qualitative with a religious approach (fiqh parenting, parenting jurisprudence). Data were collected through documentation and interviews with parents and children. The results showed that: (1) the form of fulfilment of children's rights after divorce in Mungkajang District is divided into: democratic parenting (fulfilment of children's rights from the father), authoritarian parenting (fulfilment of children's rights from the mother) and permissive parenting (fulfilment of children from the father and mother), and children at an individual stage; (2) Factors that influence parenting patterns that come from fathers are parental relationships and parental age with a model of practicing children's worship in the form of the implementation of 5-time prayers and Ramadan fasting that is well implemented, and the implementation of reading the Koran 2 to 3 times a week; Factors influencing parenting patterns originating from mothers are the involvement of parents with a model of practicing children's worship in the form of the implementation of 5-time prayers and fasting Ramadan which is well implemented, and the implementation of reading the Koran is uncertain; and factors influencing parenting patterns originating from both parents are the age of parents and the practice of parenting children with a model of practicing children's worship in the form of 5-time prayers, fasting and reading the Koran has been going well.

PROBLEMATIKA PELAKSANAAN EKSEKUSI PERKARA PERDATA DI PENGADILAN AGAMA (STUDI KASUS PENGADILAN AGAMA TANA LUWU) Marwing, Anita; Mustaming, Mustaming
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4714

This study aims to analyze the implementation of the execution of civil cases in the Religious Courts in Tana Luwu and the problems of its implementation, then provide solutions to the implementation of the execution of civil cases in the Religious Courts in Tana Luwu. This research is descriptive qualitative research. The results showed that: (1) Religious Courts in Tana Luwu have carried out executions based on incoming requests, but the number of requests for execution is very small, namely requests for execution of joint property cases as many as 7 cases and inheritance cases as many as 2 cases; (2) The inhibiting factors in the implementation of executions in Religious Courts in Tana Luwu, including Legal or regulatory problems, high case costs, lack of quantity and quality of human resources of the Religious Courts, and lack of public legal awareness; (3) Solutions offered in dealing with obstacles to the implementation of execution, namely: It is necessary to make a regulation of execution in the form of a guidebook to be used as a guideline in the implementation of execution, suspend the cost of execution, improve the quality of human resources of the judicial apparatus in the form of education and training.

Revitalisasi Peran Penghulu dalam Meminimalisir Pernikahan Dini di Kota Palopo Bahtiar, Bahtiar; Marwing, Anita; Kaddase, Muh. Thayyib
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6230

This research aims to examine the revitalization of the role of the Penghulu (the marriage officiant) in minimizing early marriage in Palopo City. The research method used is qualitative with a descriptive approach. Data was obtained through in-depth interviews, observations and document studies related to the role of the headman and the efforts made to reduce the rate of early marriage. The research results show that the Penghulu has a very important role in carrying out religious duties, especially in registering marriages, as well as providing guidance and advice to the prospective bride and groom. Apart from that, the headman also plays an active role in efforts to prevent early marriage through various strategies, such as direct and online outreach, as well as collaboration with related agencies, such as the Population Control and Family Planning Service, the Health Service, and community organizations. By utilizing social media and building cross-sector collaboration, the Penghulu and the Palopo City government succeeded in strengthening preventive efforts to reduce the number of early marriages. The revitalization of the role of the Penghulu is carried out through increasing capacity through training and workshops, as well as implementing digitalization strategies for public education.

PENDIDIKAN ANAK DALAM PANDANGAN HADIS NABI: RELEVANSINYA TERHADAP KONSEP HUKUM KELUARGA ISLAM : the Concept of Islamic Family Law Muchtar, Zulayka; Amin , Muhammadiyah; Hafid , Erwin; Marwing, Anita
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.2050

This study aims to examine the hadiths of the Prophet Muhammad (peace be upon him) relating to child education within the family and to examine their relevance to the concept of Islamic family law. Through a thematic approach to authentic hadiths, this study outlines parents' responsibilities in instilling religious values, morals, and character formation in children from an early age. The results of the study indicate that child education is an integral part of parental obligations recognized in Islamic family law, not only as a moral responsibility but also as a legal obligation. The Prophet's hadiths provide a strong foundation for establishing an educational system within Muslim families, while emphasizing the importance of parents' active and consistent role in fostering their children's spiritual and social development. This study recommends strengthening parents' religious understanding as a basis for fulfilling their obligation to educate children within the context of Islamic family law.

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