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Interlegality of Marriage Law: Tracing the Dynamics of Sumbong Marriages Practices in Jambi Puspita, Mega; Umami, Khairul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 1 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i1.23322

Abstract

This article departs from the interlegality of marriage laws in Jambi society today, which discusses sumbong marriages. Sumbong marriage itself is a marriage that is legal according to religion, state, and custom. However, the ability to marry sumbong itself is considered valid by carrying out a customary settlement first, which was initially prohibited by customary law. The prohibition on marriage in Indonesia is contained in Article 8 of Law Number 1 of 1974 concerning Marriage and Article 39 of the Compilation of Islamic Law. Departing from this phenomenon, the author tries to examine the writing, which includes the implementation of marriage law in the Jambi community, the legal pluralism of the Jambi community, and the interlegality of customary, religious and state law in the marriage law of the Jambi community. The type of research carried out by the author is field research (Field Research) with qualitative methods. The nature of this research is analytical descriptive research. The approach used by the authors is a sociological empirical approach with interlegality. The author's findings clearly show that legal interactions in this tradition involve interactions between several laws, including religious, state, and customary laws used in sumbong marriage practices. By applying the legal interlegality theory approach, customary law, state law, and religious law become one unit. The concept of interlegality is found in adopting the values contained in the sumbong marriage tradition, whether based on state law, Islamic law, or Jambi customary law. This adoption process is based on the characteristics of the Jambi community's legal identity and its social environment, which is still steeped in customs, and the community also upholds the norms that apply in society and adheres firmly to "adat basandi syarak, syarak basandi kitabullah. "
Mengeksplorasi Dampak Kekerasan dalam Rumah Tangga dan Pemerkosaan dalam Perkawinan di Indonesia Puspita, Mega; Umami, Khairul
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 1 (2024): Syakhshiyyah: Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v4i1.9369

Abstract

Domestic violence (DV) and marital rape are severe issues of ongoing concern in Indonesia. Domestic violence is defined as violence perpetrated by an individual who lives with the victim, while marital rape is an act of forced sexual intercourse by a husband against his wife without her consent. This research aims to explore the impact of domestic violence and marital rape on family integrity in Indonesia. The analysis was conducted through an in-depth literature review and case analysis between 2020 and 2023. The results show that factors such as patriarchal culture, power inequality in the household, lack of proper religious understanding, and socio-economic pressure are the leading causes of this violence. The impacts include physical and psychological harm to victims, the breakdown of family relationships, and a reduced quality of life in the community. This research emphasizes the importance of public education, legal reform, support for victims, and the active role of communities and religious institutions in preventing and addressing domestic violence and marital rape. With a holistic approach, it is hoped that domestic violence can be minimized to create a sakinah, mawaddah, and warahmah family.
Profitability Ratio of Islamic Rural Banks in Banten Region Post Covid-19 Pandemic Umami, Khairul; Arfaizar, Januariansyah; Priyo Nugroho, Anton; Nurulhuda Madjamang
Mutanaqishah: Journal of Islamic Banking Vol. 4 No. 2 (2024): December 2024
Publisher : Department of Islamic Banking

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54045/mutanaqishah.v4i2.1930

Abstract

This study evaluates the profitability ratios of Sharia Rural Banks (BPR Syariah) in the Banten region after the Covid-19 pandemic. Profitability is a ratio used by authorities to assess a bank's ability to generate income. The Covid-19 pandemic negatively impacted various economic sectors, including banking, which relies heavily on channeling funds to these sectors. This research uses a quantitative descriptive approach and total sampling, involving the entire population of BPR Syariah in the Banten region, with secondary data sourced from the Financial Services Authority (OJK) for the 2023 period. The study’s results show that the profitability levels of eight Sharia Rural Banks in Banten fall into the adequately sufficient category (average rating of 3). Core earnings remain the primary income source, while non-core earnings also play a significant role. Profitability performance supports capital stability and indicates positive prospects for the future.