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Ahmad Junaidi
Institut Agama Islam Negeri Ponorogo, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Hak Ex Officio Hakim dan Asas Ius Contra Legem dalam Perkara Perceraian dan Pembagian Harta Bersama di Pengadilan Agama Magetan Perspektif Hukum Progresif Zainal Faizin; Ahmad Junaidi
Journal of Economics, Law, and Humanities Vol. 1 No. 1 (2022): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v1i1.535

Abstract

Throughout 2019 the Magetan Religious Court has decided on divorce cases accompanied by the distribution of joint assets in four cases. From the four cases, legal dynamics emerged in their decisions, namely regarding the use of ex officio rights with reference to statutory regulations and the application of the principle of ius contra legem in deciding cases. The focus of the study in this thesis is the application of the ex officio rights of judges and the principle of ius contra legem in the case of sharing assets in the Magetan Religious Court with a progressive legal perspective. The approach used in this research is the progressive legal approach, which studies how the law is applied and whether it is in accordance with the principles of justice that make law for humans. Meanwhile, the theory used is a legal discovery with the characteristics of progressive law. Whereas the use of ex officio rights by applying the principle of ius contra legem solely aims to protect the legal interests of justice seekers by using the spirit of progressive law which is based on the legal interests of justice seekers which must be put forward rather than merely referring to codified rules, however, the judges do not abandon the legal principles which form the basis of the judges' thinking and actions in examining, hearing and deciding cases.
Implementasi Kewarisan pada Keluarga Penyandang Disabilitas di Desa Karangpatihan (Perspektif Sosiologi Hukum) Arip Mahendra; Ahmad Junaidi
Journal of Economics, Law, and Humanities Vol. 1 No. 2 (2022): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v1i2.856

Abstract

In the discussion of inheritance, there are two critical aspects: assets and relatives. So, inheritance must be regulated to realize justice among the heirs. However, the heirs stipulated in the inheritance law guidelines do not always have perfect mental health or are persons with disabilities. Heirs of persons with disabilities cannot carry out legal actions, agreements, or obligations. Being an heir means managing the inheritance to benefit the bereaved family. Thus, the researcher wants to analyze further the implementation of inheritance in the Karangpatihan Village community with a sociological perspective of law, starting from the analysis of the concept of inheritance, the legal basis used, and how somebody can fulfill disability rights. This research is field research with an inductive and qualitative approach. Judging the proposed problem formulation shows that this research is fundamental and empirical. The data was obtained through observation, interviews, documentation, and triangulation. The stages of data processing include the locations of re-examination, data classification, data analysis, and conclusions. The study is reviewed with the theory and indicators of the sociology of law, and findings are obtained from connecting the results of data analysis with the formulation of the problem or anxiety of the researcher. The results showed that the implementation of inheritance in families with disabilities practiced their concept or with the idea of hereditary division, as long as they could maintain harmony, meet daily needs, and not cause conflict. And the protection of inheritance rights in families with disabilities independently does not have the ability, but using collectivity or the use of shared assets, using the concept of cooperation in maintaining inherited assets.
Dispensasi Perkawinan oleh Hakim PA Ponorogo Perspektif Peraturan Mahkamah Agung Nomor 5 Tahun 2019 M. Akhlis Azamuddin Tifani; Ahmad Junaidi
Journal of Economics, Law, and Humanities Vol. 2 No. 1 (2023): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v2i1.1520

Abstract

The concern in this study is about the judges' decisions, with 96% of decisions that legalize marriage dispensation applications. This fact contradicts the spirit of Supreme Court Regulation Number 5 of 2019, which seeks to minimize the number of underage marriages. Some of these problems become the researchers' anxiety in finding out about several things, including; 1) The paradigm of Ponorogo Religious Court Judges in handling marriage dispensation cases, 2) the effectiveness of the implementation of Supreme Court Regulation Number 5 of 2019 by Ponorogo Religious Court Judges in the case of marriage dispensation.
Efektivitas Sistem Informasi Manajemen Nikah Berbasis Web dalam Sistem Pelayanan Kartu Nikah Digital Airul Fahruzi; Abid Rohmanu; Ahmad Junaidi
Journal of Economics, Law, and Humanities Vol. 2 No. 2 (2023): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v2i2.2192

Abstract

This research is motivated by the Decree of the Minister of Religion of the Republic ofIndonesia Number 892 of 2019, concerning Web-Based Simkah in the Digital MarriageCard service system following the PMA Circular Letter of the Director General ofIslamic Community Guidance Number B-2361/Dt.III/PW.01/07/2021 concerningCards Digital Marriage. This research aims to describe the application of the Web-BasedMarriage Management Information System orSimkah Web in the Digital MarriageCard service system in KUA Pitu District, Ngawi Regency, and its effectiveness. Themethod used in this research is a descriptive method with a qualitative approach, namelyresearch that seeks to reveal and interpret a developing phenomenon. The researchresults show thatSimkah Web in KUA Pitu District, Ngawi Regency, has beenimplemented but is still hampered, especially regarding the readiness of KUA humanresources. In several cases, people found difficulties using this application, including thecomplexity of inputting marriage data in printing Digital Marriage Cards. Thus, it canbe concluded that the implementation ofSimkah Web has helped make it easier for theKUA to collect marriage data throughout Indonesia. However, it is still not fullyimplemented effectively by the community as a basis for printing Digital MarriageCards in the KUA of Pitu District
Co-Authors Abid Rohmanu Airul Fahruzi Arip Mahendra M. Akhlis Azamuddin Tifani Zainal Faizin