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All Journal Tanwir Arabiyyah: Arabic as Foreign Language Journal Rechtsnormen Journal of Law
Adila, Rasikh
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Analysis of Legal Capacity in Marriage Dispensation Applications Filed by Bridegroom Candidate Adila, Rasikh; Chintya, Aprina
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.371

Abstract

Background. The filing of a case with the court must be done by a person who is legally competent and has legal standing for the case being filed. This legal capacity is related to the age of majority or maturity, as regulated in Article 330 BW. Purpose. This study aims to analyze the legal competence in an application for dispensation of marriage submitted by the bride-to-be herself as the applicant. This research uses a qualitative method with a descriptive analysis approach. Method. The type of research used is empirical normative legal research (applied legal research). This research uses secondary data with documentation data collection techniques. The document used in this research is the Decision of the Purwodadi Religious Court Number 198/Pdt.P/2018/PA.Pwd. The data analysis technique in this research is content analysis technique. Results. From this study, it was found that although in decision number 198/Pdt.P/2018/PA.Pwd the child can act as an applicant in a marriage dispensation case, Article 6 of Perma Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications has closed this opportunity so that when a child who is getting married is not old enough and does not have a parent or guardian, he cannot apply for marriage dispensation to the court. Conclusion. Based on the results of the above research, it can be concluded that civil legal capacity means a person's ability to perform legal acts and therefore be accountable for the legal consequences.
The Urgency of Arabic for Religious Court Judges in Indonesia Chintya, Aprina; Adila, Rasikh
Tanwir Arabiyyah: Arabic as Foreign Language Journal Vol 2, No 2 Desember (2022)
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/aflj.v2i2.3201

Abstract

As a judicial institution based on Islamic law, the religious court is a special court which is only authorized in certain areas of civil, not including the criminal field (except Aceh province) for Moslems. Therefore, Islamic law and Arabic language should become a daily routine for judges. This study was designed to gain an in-depth understanding of Arabic urgency for religious court judges in Indonesia and how those language skill affect the  duties and responsibilities of religious court judges. Arabic plays an important role in the religious court because Arabic is the language of the Holy Quran and other Islamic laws. The judges considered Arabic very high esteem with most of their duties and responsibilities were inseparable from Arabic. Governments have been offering scholarships and other opportunities for judges who are interested in Arabic studies and Islamic studies in the Middle East.
Co-Authors Aprina Chintya, Aprina