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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum BULLET : Jurnal Multidisiplin Ilmu MILRev: Metro Islamic Law Review Socius: Social Sciences Research Journal Jurnal Pengabdian Sosial Jurnal Pengabdian UMKM EBAMUKAI; JURNAL PENGABDIAN ILMU PENGETAHUAN DAN TEKNOLOGI Jurnal Insan Pengabdian Indonesia
Sobardo Hamonangan
Universitas Cendrawasih, Jayapura, Papua, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences

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The Position Of Islamic Law In The Positive Law Of Indonesia (Analysis Of The Application Of Islamic Law Provisions In Aspects Of Marriage Through The System Approach) Hamonangan, Sobardo; Katjong, Kadir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4095

Abstract

The research with the title: The Position of Islamic Law in Indonesian Positive Law (Analysis of the Application of Islamic Law Provisions in the Marriage Aspect Through a Systems Approach aims to determine and explain the position of Islamic Law which is integrated in Indonesian positive law, especially the application of Islamic law provisions in the Marriage legal aspect in Positive Law in Indonesia.This research is a normative legal study, which uses a normative juridical approach, which is an approach to conducting a study and study of the provisions of Islamic law and positive law that applies in relation to the issue of Islamic law in the provisions of Indonesia's positive law in the aspect of marriage.The research results show that the position of Islamic Law in Indonesian Positive Law can be seen from the development of law and the constitution in Indonesia, where the provisions of Islamic law which are adhered to by the majority of the Indonesian population have become a source of law for the development of national law. Several provisions of Islamic law have been integrated into positive law in the Indonesian legal system and have been implemented in a formal juridical manner, including provisions relating to family/marriage law regulated in Law Number 1 of 1974 concerning Marriage, provisions regarding waqf regulated in Law Number 41 of 2004 concerning Waqf, as well as the existence of Religious Court institutions regulated in Law Number 7 of 2004 1989 which was amended by Law Number 3 of 2006, as an institution authorized to resolve problems related to marriage, inheritance and waqf for citizens who embrace the Islamic religion. Furthermore, through a legal system approach, the enactment of Islamic law provisions in positive law is carried out in a formal juridical manner through the formation of legislation that accommodates the provisions of Islamic law. The position of Islamic law in positive law through a legal system approach can be seen in the provisions of Islamic law which have been integrated into positive law in the Indonesian legal system as a national legal system. The provisions of Islamic law in positive law are included as a substantial component, namely provisions that are guided by citizens, especially those who embrace the Islamic religion. As a structural component, it is seen in the existence of the Religious Courts as an institution that has the authority to resolve problems in family law. and the cultural component (legal culture) is the behavior and high legal awareness of the community, especially citizens who embrace the Islamic religion. These three components of the legal system determine the position of Islamic law in the applicable Positive Law.
Legal Protection of the Rights and Obligations of Workers from the Perspective of Law Number 13 of 2003 concerning Manpower Hamonangan, Sobardo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study is to determine and analyze employment contracts in the field of employment law and to analyze the legal protection of workers' rights and obligations based on Law Number 13 of 2003 concerning Employment. This research method uses qualitative methodology with descriptive research design. Furthermore, this study reveals that employment law will always be related to the protection of workers' rights and obligations. In the field of employment law, an employment contract is defined as a written agreement between workers and employers that regulates various aspects of their employment relationship. This contract serves as a legal framework that protects the rights and obligations of both parties. Legal protection is an effort to maintain the dignity of human subjects of law in accordance with applicable laws and regulations, both in the form of policies and regulations that can protect something from other threats. The rights and responsibilities between the parties are interrelated, where one right has implications for the obligations of the other party.
Co-Authors BUDIYANTO Daniel Tanati Daniel Tanati Dudi Mulyadi Eddy - Pelupessy Elkiopas Pelupessy, Berd Farida Kaplele, Farida Frans Reumi Frans Reumi, Frans Herry M. Polontoh Herry M. Polontoh Hotlan Samosir Hotlarisda Girsang James Yoseph Palenewen Kadir Katjong Kadir Katjong Lily Bauw M. Polontoh, Herry Muannif Ridwan Mulyadi, Dudi Nur Asmarani Pelupessy, Berd Elkiopas Pelupessy, Sella Petrix Petrix Pelupessy, Sella pondayar, yustus Reumy, Ludia Jemima I.R. Rongalaha, Johan Ruth Kambuaya Samosir, Rendra Christian Solossa, Marthinus Supriyanto Hadi Susi Irianti Tri yanuaria Usman Jayadi Yusak Elisa Reba