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A Structural Functionalism Theory Review of the Prohibition of Sara Urang Marriage in Asir-Asir Village Central Aceh Fattah, Al; Arresti, Fatma Tria; Rizki, Fitria Noviatur
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 6 No 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.5047

Abstract

The purpose of this paper is to examine further how the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency, and how the structural functionalism theory reviews the tradition of the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar District, Central Aceh Regency. The type of research in this paper is empirical legal research using a sociological approach and the data sources used are primary data sources and secondary data sources. This research shows: First, the prohibition of sara urang marriage in Asir-Asir Village, Lut Tawar Subdistrict, Central Aceh Regency is based on the tradition of the prohibition of sara urang marriage and its purpose is to avoid social impacts when domestic conflicts occur. So, if you violate the tradition of the prohibition of sara urang marriage, you will be subject to sanctions in the form of parak (seclusion) and also muguleh koro (pay a fine). Second, the prohibition of sara urang marriage as a means of creating order in society is supported by the role of an active and interconnected community structure. This is by the theory of structural functionalism which explains that the relationship between interconnected elements will help to create order in society.
Tinjauan Hukum Progresif terhadap Kesepakatan Partial Settlement Arresti, Fatma Tria; Zuhriah, Erfaniah; Suryanto, Muhammad Handika
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1522

Abstract

The The partial settlement provision is a new provision in Supreme Court Regulation (PERMA) No 1 of 2016 which has not been regulated in previous regulations, which is an interesting discussion that must be examined from a progressive legal perspective. The aim of this research is to test progressive legal theory regarding the renewal of partial settlement provisions in Supreme Court Regulation (PERMA) Number 1 of 2016. The research method in this research is normative juridical research with a conceptual approach using library data collection techniques or library research. The results of this research show that the update to Perma Number 1 of 2016 concerning partial settlement provisions has fulfilled the basic ideas of progressive law. Partial Settlement Provisions for a portion of the entire object of a case or lawsuit can create ideal law. The parties can resolve the legal consequences that arise peacefully, after the main lawsuit and will reach a happy ending. Partial settlement provisions will realize the function of mediation, namely as a peaceful settlement and provide ample space for the parties to reach a wise and fair settlement.