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All Journal Smart: Journal of Sharia, Tradition, and Modernity Analisa: Journal of Social Science and Religion
el-Hajjami, Aicha
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Religion Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Customary Marriage of Samin Penghayat in Tulang Bawang Regency, Lampung, Indonesia Muslimin, Ahmad; Asnawi, Habib Shulton; Dahlan, Rahmat; el-Hajjami, Aicha; Alamsyah, Alamsyah; Mahmudah, Siti
Analisa: Journal of Social Science and Religion Vol 9, No 1 (2024): Analisa: Journal of Social Science and Religion
Publisher : Balai Penelitian dan Pengembangan Agama Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18784/analisa.v9i1.2242

Abstract

The marriage of the Samin people in Lampung Province is conducted in a customary manner. The Samin people experience many obstacles in the process of registering their marriage officially through state institutions. The purpose of this article is to describe the Samin traditional marriage and then analyze the reasons why the Samin community conducts traditional marriages. This article uses a qualitative method, the object of research was conducted on the Samin community in Tulang Bawang Regency Lampung. Primary data sources were obtained directly from Samin traditional leaders and the community who performed traditional marriages. Secondary data sources were obtained through Samin guidebooks and journals related to Samin studies. Data collection techniques used are observation, interviews and documentation. The results showed that the marriage process of the Samin community in Tulang Bawang Regency was carried out through several stages including: (1) nyumuk, (2) ngendek, (3) nyuwito, (4) paseksen, (tingkep). Samin traditional marriage does not yet have authentic legality. The legal status of the marriage is only valid in the eyes of the customary law of the adherents but not in the eyes of Indonesian marriage law. The reasons why Samin people do not officially register their marriages are 1). The Samin organization has not been registered with the Directorate of Trust of the Ministry of Culture as a marriage registration officer 2). Samin leaders have not been registered with the Ministry because they do not have a Registered Certificate (SKT). 3) Their ancestors did not teach that marriage should be registered.
Interconnection of the Caper E-Motion System as a Guarantee of Protection of Women's and Children's Rights After Divorce in the Religious Courts of Bengkulu, Indonesia Asrori, Asrori; Mukhtar, Naqiyah; Wijayati, Mufliha; el-Hajjami, Aicha
SMART: Journal of Sharia, Traditon, and Modernity Vol. 3 No. 2 December (2023)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v3i2.20015

Abstract

This article examines the form of guaranteeing the protection of women's and children's rights after divorce by implementing an application called E-Mosi Caper, namely Electronic Monitoring of the Execution of Financing the Rights of Women and Children after Divorce which is implemented at the Bengkulu Religious Court as a follow-up to the memorandum of agreement between the Religious Courts. Bengkulu with the Bengkulu Bank and the Bengkulu City Government because the ex-husband did not voluntarily implement the decision of the Bengkulu Religious Court regarding these rights, while the ex-wife, due to several obstacles, did not submit an attempt to execute the rights regarding herself and her children. This paper uses a mixed method with a normative juridical and empirical juridical approach. The object of this research is the decision of the Bengkulu Religious Court which has permanent legal force. The primary data sources for this research are the litigants and Bengkulu Religious Court officials. Data collection techniques through observation, interviews and documentation. Inductive data analysis using Maqashid as-Shari'ah theory. The results of the analysis include cases that were decided in 2013, one of the cases was divorce divorce by a husband who worked as an ASN in Bengkulu Province, the ex-wife used this application in February 2023, the result was that as of April 2023, the ex-husband's account was debited in the amount of Rp. 1,000,000/month for his children through his ex-wife's account. The E Mosi Caper application implemented by the Bengkulu Religious Court is an effort to provide excellent service to justice seekers.Keyword: Protection, Rights of Women and Children, Interconnection System.
Co-Authors Alamsyah - Asrori Asrori Habib Shulton Asnawi Mufliha Wijayati Muslimin, A. Naqiyah Mukhtar Rahmat Dahlan SITI MAHMUDAH