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All Journal Jurnal Hukum Lex Generalis Rechtsvinding
Abd Hannan
Universitas Islam Zainul Hasan Genggong
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pemberian Dispensasi Nikah di Pengadilan Agama Krasaan Perspektif Hukum Positif Alfan Patoni; Imam Bukhori; Abd Hannan
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1210

Abstract

This study aims to analyze the practice of granting marriage dispensation at the Kraksaan Religious Court from the perspective of positive law in Indonesia. Marriage dispensation is the court's authority to grant marriage permits for couples who have not reached the minimum age limit as stipulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The research method used is qualitative with a juridical-sociological approach. Data were obtained through interviews with judges and studies of marriage dispensation decisions at the Kraksaan Religious Court during the enactment of Law Number 16. The results of the study indicate that the granting of marriage dispensation at the Kraksaan Religious Court is still dominated by reasons of pregnancy outside marriage and family pressure, although normatively it must consider aspects of the welfare and protection of children. In practice, judges tend to use social and psychological considerations in deciding cases, although sometimes they do not fully refer to the spirit of child protection in positive law. These findings indicate a tension between social reality and applicable legal norms, so that synergy is needed between regulations, public education, and child protection policies.
Defense Against Violence Directed at a Third Party: A Comparative Study of Islamic Criminal Law and Indonesian Criminal Law Holik Holik; Abu Yazid Adnan Quthny; Abd Hannan
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1876

Abstract

Defense of a third party is an act carried out by an individual to protect another person from unlawful attacks or threats. In practice, such actions often create legal dilemmas because they may fulfill the elements of a criminal offense despite being intended to protect victims. This study aims to analyze the concept of third-party defense in Indonesian criminal law and Islamic criminal law, identify their similarities and differences, and examine their implications for law enforcement in Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. Data were collected through library research involving legislation, legal literature, scientific journals, and Islamic legal sources such as the Qur’an, Hadith, and scholars’ opinions. The findings indicate that Indonesian criminal law recognizes defense of others through the concept of noodweer, emphasizing objective elements such as unlawful attacks, necessity, and proportionality. Islamic criminal law recognizes third-party defense through the principles of hifz al-nafs and maqashid al-syari’ah by considering intention, public benefit, and prevention of harm. The similarity lies in the recognition of the right to defend others, while the difference lies in their philosophical foundations and assessment parameters. This study contributes a conceptual framework for third-party defense that integrates legal certainty, justice, and social benefit.
Co-Authors Abu Yazid Adnan Quthny Alfan Patoni Holik Holik Imam Bukhori