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All Journal Excelencia : Journal Of Islamic Education & Management Journal of Economics, Law, and Humanities
Rohmah Maulidia
Institut Agama Islam Negeri Ponorogo, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
Manajemen Pendidikan Berpola Pesantren dalam Membentuk Mutu Kepribadian Muslim Peserta Didik di SMP Ma’arif 1 Ponorogo Siti Komariyah; Miftahul Huda; Rohmah Maulidia
Excelencia: Journal of Islamic Education & Management Vol. 3 No. 02 (2023): Excelencia: Journal of Islamic Education & Management
Publisher : Pascasarjana IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/excelencia.v3i02.2333

Abstract

Semakin maraknya kenakalan remaja di era saat ini, diperlukan manajemen pendidikan yang dapat membentengi peserta didik melalui pendidikan berpola pesantren yang dapat mengantarkan peserta didik memiliki kepribadian muslim, dan dapat mengaplikasikannya dalam kehidupan sehari-hari. Tujuan dalam penelitian ini adalah untuk mengetahui (1) perencanaan, (2) pelaksanaan, (3) evaluasi, (4)implikasi pendidikan berpola pesantren dalam membentuk mutu kepribadian muslim peserta didik di SMP Ma’arif 1 Ponorogo. Penelitian ini menggunakan pendekatan kualitatif, lokasi penelitian ini di SMP Ma’arif 1 Ponorogo, pengumpulan data dilakukan menggunakan observasi wawancara semi terstruktur dan dokumentasi.Temuan yang diperoleh dalam penelitian ini yaitu perencanaan terlihat belum matang dan program belum terdokumentasi dengan baik, pelaksanaan sudah berjalan baik dengan dukungan guru yang memiliki keilmuan unggul pada bidang program pendidikan berpola pesantren, evaluasi tidak bisa dilaksanakan karena standarpelaksanaannya masih umum, tidak spesifik, implikasi sudah baik. Secara faktor metodis akumulatif, implikasi pendidikan berpola pesantren di SMP Ma’arif I Ponorogo tidak ada pemerataan.
Efektivitas Hukum dalam Pemenuhan Hak Anak Disabilitas di Panti Asuhan Tunanetra Terpadu ‘Aisyiyah Ponorogo Al Amin Darussalam; Rohmah Maulidia; Umi Rohmah
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4041

Abstract

Ponorogoro Integrated Blind Orphanage in fulfilling the protection and fulfillment of the rights of children with disabilities. However, in its fulfillment there are still deficiencies, for example in the rights to public services in Article 19 Paragraphs 1 and 2. Researchers want to analyze further the pattern of protecting the rights of disabled children and how the rights of disabled children are fulfilled at the Aisyiyah Ponorogo Integrated Blind Orphanage by Legal Effectiveness Perspective. The aim of this research is to obtain a complete, clear and detailed picture of the pattern of protection and fulfillment and to describe the fulfillment of the rights of children with disabilities. This research uses an inductive qualitative approach and seen from the formulation of the problem proposed, this research shows that it is real, empirical and can be seen so that researchers can understand the nature of life and care at the 'Aisyiyah Ponorogo Integrated Blind Orphanage. This research is field research, data collection techniques through observation, interviews, documentation. The research results show that the pattern of protecting the rights of children with disabilities at the 'Aisyiyah Ponorogo Integrated Blind Orphanage is implemented in accordance with the understanding of the regulations of Law Number 8 of 2016 concerning Persons with Disabilities which includes the application of the law, law enforcement and implementation of the law. Fulfillment of the rights of children with disabilities is seen from legal effectiveness factors, the effective factors being the legal factors themselves, law enforcement and cultural factors. And what has not been effective are the facilities and community factors which should be fulfilled in accordance with Article 19 paragraphs 1 and 2 of the Law on Persons with Disabilities.
Konstruksi Sosial Suami Istri tentang Tajdid Nikah Wahyu Awaludin; Agus Purnomo; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4042

Abstract

This research aims to explore the dialectical process of couples who perform the practice of tajdid nikah in Cahya Makmur Village. This practice is typically motivated by reasons such as divorce, which encourages couples to reconcile; however, the findings of this study reveal that the motivations behind this practice are diverse, including concerns about divorce, efforts to maintain relationship harmony, economic difficulties, and family discord. Using a qualitative approach and field research methods, data were collected through interviews and documentation. The research findings indicate that the driving factors for tajdid nikah include a desire to improve economic conditions, caution in interpersonal relations, and the roles of P2UKD officials and the support of the village head in implementing this practice. Respondents believe that tajdid nikah serves as a solution to family problems, reporting increased peace of mind and improved economic conditions after performing tajdid nikah, with some even able to purchase private cars. This practice also positively impacts the mental health of respondents, creating a sense of peace and tranquility in their daily lives.
Peran Relasi dalam Keluarga Poligami untuk Pencapaian Keluarga Sakinah Muhammad Arifin; Agus Purnomo; Rohmah Maulidia
Journal of Economics, Law, and Humanities Vol. 3 No. 2 (2024): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v3i2.4048

Abstract

In Law Number 8 of 2016 concerning Persons with Disabilities as a guideline for the 'Aisyiyah Ponorogoro Integrated Blind Orphanage in fulfilling the protection and fulfillment of the rights of children with disabilities. However, in its fulfillment there are still deficiencies, for example in the rights to public services in Article 19 Paragraphs 1 and 2. Researchers want to analyze further the pattern of protecting the rights of disabled children and how the rights of disabled children are fulfilled at the Aisyiyah Ponorogo Integrated Blind Orphanage by Legal Effectiveness Perspective. The aim of this research is to obtain a complete, clear and detailed picture of the pattern of protection and fulfillment and to describe the fulfillment of the rights of children with disabilities. This research uses an inductive qualitative approach and seen from the formulation of the problem proposed, this research shows that it is real, empirical and can be seen so that researchers can understand the nature of life and care at the 'Aisyiyah Ponorogo Integrated Blind Orphanage. This research is field research, data collection techniques through observation, interviews, documentation. The research results show that the pattern of protecting the rights of children with disabilities at the 'Aisyiyah Ponorogo Integrated Blind Orphanage is implemented in accordance with the understanding of the regulations of Law Number 8 of 2016 concerning Persons with Disabilities which includes the application of the law, law enforcement and implementation of the law. Fulfillment of the rights of children with disabilities is seen from legal effectiveness factors, the effective factors being the legal factors themselves, law enforcement and cultural factors. And what has not been effective are the facilities and community factors which should be fulfilled in accordance with Article 19 paragraphs 1 and 2 of the Law on Persons with Disabilities.
Co-Authors Agus Purnomo Al Amin Darussalam Amirudin Nur Muhammad Iza Hanifuddin Miftahul Huda Muhammad Arifin Nilna Niamatin Siti Komariyah Siti Wafiroh Umi Rohmah Wahyu Awaludin