Article Per Year (5 Year)
p-Index From 2021 - 2026
0.562
P-Index
This Author published in this journals
All Journal Journal of Economics, Law, and Humanities
Rohmah Maulidia
Institut Agama Islam Negeri Ponorogo, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Posisi Perempuan Sebagai Wali Nikah: Metode Istinbath Hukum Khoiruddin Nasution Amirudin Nur Muhammad; Rohmah Maulidia
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.v2i1.1155

Abstract

The position of a woman in marriage must obtain the approval of a guardian, namely her father or half-father. This research results from library research using descriptive analysis method and utilizing Khoiruddin Nasution's Holistic Thematic legal istinbath method. The purpose of this study is to analyze how the law of women as guardians of marriage according to Khoiruddin Nasution, what is the method of legal istinbath regarding women as guardians of marriage according to Khoiruddin Nasution, how is the relevance of thinking about women as guardians of marriage according to Khoiruddin Nasution in Indonesia. The results of this study indicate that women can become guardians. This opinion is based on the verses of the Qur'an and Hadith, which are the concepts of the rights of guardians of marriage and the rights of those close to the prospective bride and groom. Then the guardian of marriage can be male or female. Second, Khoiruddin uses the epistemological foundation of bilateral society by using a holistic thematic approach based on the bilateral paradigm and using developed sociological analysis. Third, following the development of the modern era, which is synonymous with advances in knowledge and technology that open up opportunities for women to play a role in the domestic and public sectors, Khoiruddin's thoughts about women as marriage guardians can be an alternative in the context of developing guardianship in Islamic law for this modern era.
Progresivitas Hukum Pembebanan Nafkah Pasca Cerai Gugat Di Pengadilan Agama Magetan Siti Wafiroh; Agus Purnomo; Rohmah Maulidia
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.v2i2.2191

Abstract

Based on the Magetan Religious Court Decision Number 716/Pdt.G/2021/PA. Mgt, whohanded down the verdict, said one of the reasons was to impose a living on the husband. Thedecision is contrary to Article 149 of KHI, which states that the wife who filed for divorcedoes not get a living because the wife is considered nusuz. This research was conducted witha qualitative approach where the data source was taken from direct interviews with theMagetan Religious Court Judge and the Magetan Religious Court decision. The researchresults were described descriptively using words. The results of this study are the basis forconsideration in deciding case Number 716/Pdt.G/2021/PA. Mgt based on the SupremeCourt Circular Number 3 of 2018, the wife in a divorce case can be given mut'ah and iddahas long as it is not proven nusuz and in its proof that it is not proven that the Plaintiff hascommitted nusuz to the Defendant so that the Panel of Judges grants the Plaintiff's claimand in determining the amount of income that the amount of mut'ah is adjusted to theetiquette and ability of the husband so that it does not occur the judgment not executed wasdue to the incompetence of the Defendant. The panel of judges adheres to the progressive legalparadigm and has the courage not to want to mouthpiece the law. This reflects thecharacteristics of progressive law, namely the Judge's decision to follow the situation andcondition of thePlaintiff.
Analisis Hukum Responsif terhadap Pembatasan Usia Pernikahan terhadap Hak Perempuan di Indonesia Nilna Niamatin; Iza Hanifuddin; Rohmah Maulidia
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.v2i2.2202

Abstract

This descriptive qualitative study with a literature study approach aims to explore the "marriage age limit" in perspective and categorization in the typology of responsive law. The main material object is "limiting the age of marriage" as a legal norm following legislation (Law 1 of 1974 Ps. 7 Paragraphs 1 and 2). The formal object is ideas, ideas, and arguments that support or reject the idea of the article a quo. The analysis uses a responsive legal theory approach, an epistemological and axiological study of the review of the limitation of the age of marriage as a statutory norm applicable in Indonesia. The results show that: 1) The situation of child marriage because it is allowed to marry at the age of 16 (Article 7 paragraph (1) of Law 1 of 1974) results in the guarantee of women's constitutional rights being violated. These violations include the right to education, health, and growth and development, guaranteed protection by the 1945 Constitution. Applying legal norms needs to balance the protection of children and human rights. 2) The scope of the case includes the right to make life choices and the right to the growth and development of children—the synergy of all parties to educate the community about the adverse effects of early marriage. Provide access to quality health and education services for children so that they can grow and develop properly and ensure the law can effectively increase the prevention of child marriage cases.
Co-Authors Agus Purnomo Amirudin Nur Muhammad Iza Hanifuddin Nilna Niamatin Siti Wafiroh