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All Journal JURIS (Jurnal Ilmiah Syariah) Al Ushuliy
Khairina Khairina
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN PENDEKATAN KEADILAN RESTORASI UNTUK MENCEGAH PERCERAIAN DI NAGARI SARUASO Aldi Andryan; Khairina Khairina; Roni Efendi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 2, No 1 (2023)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v2i1.9841

Abstract

The main problem of this research is the application of the restoration justice approach to prevent divorce in Nagari Saruaso. The data obtained shows that from 2020-2022 there were 162 divorce cases in Nagari Saruaso, this is a cause for concern. So it takes thought and solutions to anticipate it. So this study aims to provide an alternative to restoring household relations through a Restorative Justice approach to prevent divorce. This type of research is Juridical Sociology with Qualitative Typology, where data obtained from the field is narrated, interpreted to provide answers to the research object. Primary data sources are ninik mamak, religious scholars, cadiak pandai, bundo kanduang and the wali nagari government. Secondary data sources from books, journals, and laws and documents from Wali Nagari. The results of the study revealed, firstly, based on efforts to apply the restoration justice approach to prevent divorce in Nagari Saruaso, it was carried out by involving all components into one forum, namely the involvement of ninik mamak, religious scholars, cadiak pandai and bundo kanduang to provide advice so that divorce does not occur and spouses husband and wife back in harmony. That the concept of applying the Restorative Justice approach is carried out by all the above components through Gondang Sayak and Gondang Kuali to prevent Divorce in Nagari Saruaso. Gondang Sayak is a peace process that only involves the closest family, then Gondang Kuali is an effort to reconcile husband and wife by involving all components such as ninik mamak, pious scholars, cadak smart, bundo kanduang. Second, the obstacles in applying the restoration justice approach based on the research results are several factors, namely; economic factors, educational factors, modernization factors, Domestic Violence (KDRT) factors
KONTROVERSI PERSYARATAN PENDIDIKAN CALON ANGGOTA LEGISLATIF PADA PASAL 240 UNDANG-UNDANG NOMOR 7 TAHUN 2017 PRESPEKTIF FIQIH SIYASAH DUSTURIYYAH Ulfa Astin; Saadatul Maghfira; Zainuddin Zainuddin; Khairina Khairina
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8350

Abstract

This study examines the Educational Requirements for Legislative Member Candidates in Law Number 7 of 2017 from Fiqh Siyasah Dusturiyah Perspective. From this problem, the question arises: How is the conversion that has occurred to the educational requirements for legislative candidates according to Law Number 7 of 2017, and whether legislative candidates with high school graduates said to be experts to become people's representatives? The type of research used is library research using qualitative research methods, with descriptive analysis. The requirements for high school graduate legislative candidates in article 240 letter (e) of Law Number 7 of 2017 concerning Elections, that from members of the public, political observers, to legislative members themselves, there are pros and cons with the education requirements of legislative candidates who only graduate from high school which can be said to be not yet an expert or knowledgeable with limited education and the age of 21 is classified as a very young age and minimal experience
Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach Khairina Khairina; Khairani Khairani; Roni Efendi; Kasmuri Kasmuri; Okky Afrianto
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11565

Abstract

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case
Co-Authors Aldi Andryan Kasmuri Selamat Khairani Khairani Okky Afrianto Roni Efendi Roni Efendi Saadatul Maghfira Ulfa Astin Zainuddin Zainuddin