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Nasrudin
UIN Sunan Gunung Djati Bandung
Religion Humanities Economics, Econometrics & Finance Education Other

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Pembagian Harta Bersama Dalam Perkawinan Keluarga Muslim Oyo Sunaryo Mukhlas; Nasrudin
ISLAMICA Vol 3 No 1 (2015): ISLAMICA
Publisher : STAI Siliwangi Bandung

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Abstract

Legal values ​​that live in the community, including customs are having very big influence on the formation of the formulation of joint property as stipulated in article 85 to article 97 Compilation of Islamic Law. The formulation of joint property was carried out through the approach path syirkah Abdan rules and customs. The formulation of joint property or the more viscous is also called the treasure-rich mixed-rajakaya that can occur when a person is bound by marriage. With matrimony, then the income will be shifted according to attach obligations and rights as husband and wife. Wife’s Income unanimously regarded as the property of origin, because the wife is not burdened with providing for her husband. However, upon mutual agreement, especially the wife sincerity and husband’s permit, the wife can be a partner/companion in making a living. While the husband’s income is a capital property to make a living for his family, because the husband obligated to provide including for his wife. Thus, the formalization of joint property arrangements in marriage law in Indonesia was essentially aims to provide a balanced appreciation (proportional) to the conjugal cooperation in building and maintaining the household. If the judges in deciding section treasure together for the widower and divorcee living using Abdan syirkah rules and customary law, as well as methods of discretion, or ijtihad with the approach of the rules istinmbat al Ahkam, not a violation of law, it can even be appreciated as a progressive legal invention. Given the essential meaning of the provisions of Article 97 KHI is set (degelen) is not forcing (dwigen).
Membangun Karakter Masyarakat Taat Hukum Perspektif Sosiologi Hukum Oyo Sunaryo Mukhlas; Nasrudin
ISLAMICA Vol 3 No 2 (2016): ISLAMICA
Publisher : STAI Siliwangi Bandung

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Abstract

Indonesia is a country of law, the application of law in this country has become the government's commitment from time to time. However, in reality, the application of law in Indonesia faces complex obstacles and problems, one of the contributing factors is allegedly that the level of public awareness of the law is still low. This can be seen from the high level of lawlessness and crime that occurs from time to time. In theory, law enforcement must be supported by three things, namely: legal substance, structure and culture. This means that law enforcement will be effective if it is supported by three elements, namely: the existence of legal rules applied by the government, the existence of legal structures that are realized by the presence of law enforcement officials, and there is a culture or legal culture, namely public awareness to implement the rule of law. This paper tries to analyze the efforts made by the government to foster legal awareness among the public. Among others, by strengthening religious understanding and practice through religious institutionalization and intensification of religious values, strengthening the education system, strengthening economic problems, and implementing reward and funisment systems. However, the effectiveness of the program must continue to be tested with consistency and continuous evaluation.
Co-Authors Mukhlas, Oyo Sunaryo