Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Jurnal Cerdas Hukum
Muhammad Sibawaih
Intitut Agama Islam Abdullah Said Batam
Religion Humanities Education Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
ANALISIS UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974 DALAM PENETAPAN WALI Muhammad Sibawaih; Rasfiudin S
JURNAL CERDAS HUKUM Vol. 1 No. 1 (2022): NOPEMBER 2022
Publisher : LPPM-IAI BATAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (294.348 KB)

Abstract

Research on the analysis of guardians in marriage according to the law or positive law is very important to be studied comprehensively. This is because the matter of marriage in principle is also regulated in the rules of Islamic religious law. The results of this study will later see how the position of marriage guardians for women in the review of legislation, especially Law no. 1 of 1974 concerning Marriage. And who is the guardian referred to by Law no. 1 of 1974. This research uses normative juridical or research that prioritizes data reference to library documents. Normative method approach and literature review in this study. It also focuses on finding the legal basis for guardianship in Law no. 1 of 1974. The results of this study indicate that the guardian referred to in Law no. 1 of 1974 is the same guardian in the perspective of Islamic law, the guardians include father, paternal grandfather, biological brother, biological uncle, biological cousin, sultan or judge, guardian who is appointed directly by the bride who want to get married.
KARAKTERISTIK SOSIOLOGI HUKUM Muhammad Sibawaih
JURNAL CERDAS HUKUM Vol. 1 No. 2 (2023): MEI 2023
Publisher : LPPM-IAI BATAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (172.933 KB)

Abstract

Basically, regulations are made aimed at creating justice, order, protection of human rights and benefits. Therefore, it is not an exaggeration if one argues that the existence of law is the supreme commander in a state order. It means that all matters related to the activities, conduct and actions carried out by the public and policy activities and decisions made by the ruling elites or the government must be within the corridors of the legal regulatory apparatus or laws applicable within the State. Indonesia, for example, is one of the countries that label its country as a country based on law. This can be seen in the Basic Law of 1945 the third amendment in article 1 paragraph (3) there is stated that "Indonesia is a country of law. The legal system used in Indonesia until now is sourced from three components of the legal system. namely the western legal system, Islamic law and customary law. These three legal systems are important components in every legal formulation and manufacturing agenda in Indonesia. The focus of this article is on trying to capture the scope and characteristics of the law
Co-Authors Rasfiudin S