Article Per Year (5 Year)
p-Index From 2021 - 2026
1.235
P-Index
This Author published in this journals
All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam JUSTISI Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Abdulah Pakarti, Muhammad Husni
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 7 Documents
Search

 1 
Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia Wahyudi; Juang, Ahmad Syarifudin; Saepullah, Usep; Abdulah Pakarti, Muhammad Husni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xy250n34

Abstract

This research was conducted with the aim of knowing the rights of adopted children and the protection of their rights in Indonesia. Child protection concerning various aspects of life and livelihood has been regulated in laws and regulations. In the practice of adopting children in Indonesia, there are still various ways, namely the adoption of children in a customary manner that adheres to Islamic teachings and legally through an application to the court. In fact, there are still many adoptions of children in a traditional manner so that the protection of their rights is not guaranteed. The method used in this study uses a normative juridical research method where legislation, books, journals and other sources that are considered relevant to the problem to be studied become the basis for research, and descriptive analysis is carried out by describing the facts. existing facts with normative juridical legal materials. The results obtained in this study indicate that the position of an adopted child in Islam does not sever the blood relationship between an adopted child and his biological parents, in contrast to civil law an adopted child is sever his relationship with his biological parents, in customary law the position of an adopted child depends on the jurisdiction, because some traditional areas in Indonesia differ in determining the position of adopted children. The protection of adopted children has the same position as children in general with the following protections, protection in the field of religion, protection in the field of education, protection in the health sector, protection in the social sector.
Tanggungjawab Hukum Institusi Rehabilitasi Medis Bagi Penyalahguna Narkoba Wahyudi; Mohamad Riyad Mintarja; Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Surasa, Ais
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/5ez93a65

Abstract

This research aims to measure the effectiveness of medical rehabilitation services provided by mandatory reporting institutions. Medical rehabilitation for drug addicts and substance abusers is a comprehensive effort aimed at freeing individuals involved in drug abuse from addiction. This rehabilitation can be carried out in healthcare facilities recognized and selected by the Ministry of Health, including Government and private healthcare facilities in collaboration with the government in providing drug rehabilitation services. Medical rehabilitation services play a crucial role in helping individuals who have committed legal violations reintegrate into society. This study adopts a qualitative research approach by implementing in-depth interviews with medical staff, rehabilitation participants, and institution supervisors. The research findings indicate that the effectiveness of medical rehabilitation services is significantly influenced by factors such as the competence of medical staff, the organized rehabilitation programs, support from various relevant parties, and hindering factors. The provision of medical rehabilitation services for drug addicts and substance abusers is regulated by the Minister of Health Regulation Number 4 of 2020 concerning the Implementation of Mandatory Reporting Institution, where Standard Operating Procedures have been well-established and defined to operate efficiently and optimally of medical rehabilitation services provided by Mandatory Reporting Institutions.
Penetrasi Konsep Hibah Sebagai Solusi Dalam Proses Pembagian Waris Diana Farid; Farid, Diana; Abdulah Pakarti, Muhammad Husni
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/9td8h174

Abstract

An owner of property has the right to make grants to anyone, including his children, provided that the grant does not reduce the inheritance rights of other heirs. Grants that are given with the right conditions and fulfilled pillars are valid in law. However, there are restrictions in Islamic law regarding the granting of grants to heirs. This research aims to analyze the rights of heirs to grants and the limits of granting grants in Islamic law, Customary Law, and the Civil Code (BW), especially related to the protection of the rights of heirs. This research uses the literature study method by analyzing relevant legal sources, such as Islamic Law, Customary Law, and BW, to understand the provisions on grants and the division of inheritance. Grants given to heirs do not reduce their inheritance rights, as long as the grant does not exceed the stipulated limit, which is a maximum of 1/3 of the grantor's assets. This aims to protect the rights of heirs who could potentially be harmed by excessive grants. In addition, the principle of justice must be applied when grants are given to children or other heirs, to avoid imbalances in the distribution of inheritance. The maximum grant restrictions in Islamic Law, Customary Law, and BW aim to maintain the balance of heirs' rights and prevent harm to them. Although grants can strengthen relationships, it is important to comply with the legal limits to ensure that the rights of the heirs are not compromised. The existence of such restrictions also demonstrates the need for caution in making grants, especially when the grantor passes away and the distribution of the inheritance must be done.
Kontroversi Pencatatan Pernikahan Seluruh Agama Serta Kaitannya Dengan Eksistensi Kantor Urusan Agama Di Indonesia Tanoto, Ivan; Zelikho, Andini; Daryadi, Yudi; Farid, Diana; Abdulah Pakarti, Muhammad Husni
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 1 (2025): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i1.100

Abstract

Marriage registration is a form of state service to protect the public from problems that arise because of marriage ties, such as inheritance rights, maintenance and other civil rights. In fact, the registration of marriages has been regulated in Government Regulation No. 9 of 1975 (PP No. 9/1975) which states that registration of marriages for Islamic religions is recorded by the Religious Affairs Office (KUA) and registration of marriages for non-Islamic religions is carried out by registration officers at the Office. Civil Registry (KCS). However, in early 2024 the Minister of Religion plans to make KUA services inclusive for all religions in Indonesia. In fact, the unification of these services will certainly take away the existence of the KUA as a place to carry out some of the duties of the district and city Department of Religion offices in the field of Islamic religious affairs in sub-district areas as stated in Minister of Religion Decree No. 517 of 2021 concerning the KUA Organization. This research discusses comprehensively the registration of marriages of all religions and its relation to the existence of the KUA in Indonesia. The aim of this research is to determine the impact of the law and controversy over the registration of marriages of all religions at the KUA. The research method we use is normative juridical through a statutory regulatory approach and a conceptual approach. The results of this research indicate that it will be necessary to systematically rework many regulations to make the KUA the centralization of marriage registration for all religions.
The Role of High Religious Courts in The Bengkulu Area in Safeguarding Children's Interests Regarding Post-Divorce Living Expenses and Civil Rights Pian, Happy; Mukhlas, Oyo Sunaryo; Arifin, Tajul; Saebani, Beni Ahmad; Ridwan, Ahmad Hasaan; Abdulah Pakarti, Muhammad Husni
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36594

Abstract

This research aims to examine the legal process carried out by the Bengkulu Religious High Court in ensuring the living expenses of children after their parents' divorce. This study is qualitative research with a normative legal approach. Primary data comes from laws, court decisions related to children's rights post-divorce, and children's civil rights, while secondary data is obtained from books, online media, and journals with the same relevance. In exercising its authority, the Bengkulu Religious High Court prioritizes the principle of justice by maintaining the interests of the child, as well as the principles of balance and proportionality. However, there are several challenges such as the lack of public understanding of children's rights and obstacles in the implementation of Religious High Court decisions regarding the enforcement of children's civil rights. More intensive efforts are needed to provide the public with an understanding of children's rights and to improve the quality of enforcement of Religious High Court decisions to ensure optimal protection of the child's interests following their parents' divorce.
Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin, Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Hilal Nu'man, Mohamad
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Harmonizing the Iddah Period for Women Divorced Outside the Court According to KHI and Fiqh Law Farid, Diana; Abdulah Pakarti, Muhammad Husni; Mabruri, Kemal Al Kautsar; Kusmardani, Alex; Lestari, Elly
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2455

Abstract

Legal harmonization determining the iddah period for divorced women outside of court between Law No. 1 of 1974 and the Compilation of Islamic Law is still an unresolved issue in Indonesia. This study aims to identify the differences and similarities between the two laws, as well as provide recommendations on the proper harmonization of laws for divorced women outside the court. This study uses comparative analysis methods and interviews with Islamic jurists. The results of the study show that there are differences in determining the iddah period between the two laws, and the proper harmonization of law by enforcing Islamic law that is in line with the social and cultural context of Indonesian society. It is hoped that the results of this research can become input for legislators and the public in formulating legal policies that are fair and in accordance with Islamic teachings and the social context in Indonesia.
Co-Authors Daryadi, Yudi Diana Farid Elly Lestari Farid, Diana Hendriana Hendriana, Hendriana Hilal Nu'man, Mohamad Juang, Ahmad Syarifudin Kusmardani, Alex Mabruri, Kemal Al Kautsar Mohamad Riyad Mintarja Mukhlas, Oyo Sunaryo Nuryamin Nuryamin Nuryamin, Nuryamin Pian, Happy Ridwan, Ahmad Hasaan Saebani, Beni Ahmad Saepullah, Usep Surasa, Ais Tajul Arifin Tanoto, Ivan WAHYUDI Zelikho, Andini