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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Anayasa El-Mujtama: Jurnal Pengabdian Masyarakat
Harahap, Yadi
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JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF ITSBAT NIKAH IN THE PRINCIPLE OF LEGAL CERTAINTY IN THE RELIGIOUS COURT DECISION NUMBER 93/PDT.P/2018/PA.TTE Sukiati, Sukiati; Harahap, Yadi; Lubis, Indah Amani
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.182

Abstract

Underhand marriage or nikah siri has been an issue that has arisen in line with the enactment of Law No. 1/1974 on marriage in Indonesia. Nikah siri refers to a marriage that is not valid according to the applicable law, conducted outside the provisions of the Indonesian marriage law. Marriage, as a social institution, is a means to legitimize sexual relations between husband and wife and to ensure the continuation of human existence. However, nikah siri, which often takes place without parental or government notification, has significant negative legal implications for the parties involved, including non-recognition of the legal status of the wife, disenfranchisement from inheritance or property, and the absence of a formal mechanism for separation. Islamic law stipulates that a marriage is valid if it fulfills its pillars and conditions and no prohibitions are preventing it. In the context of positive law, every marriage must be recorded by applicable laws and regulations. However, the issue of marriage recognition through itsbat nikah in Islamic law creates complexity and the need for clear restrictions on its application. Therefore, official registration by authorized officials is important to maintain order in marriage and provide legal protection for the parties involved.
Legal Protection For Children After Divorce Through The Decision Of The Religious Court Of Medan City (Analysis Of Child Protection Law No. 23 Of 2002) Nur'aini; Khair, Nispul; Harahap, Yadi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.399

Abstract

This study aims to analyze in depth the protection of children after divorce through the decision of the Medan City Religious Court according to Law No. 23 of 2002. This type of research is a qualitative empirical study with a case study approach, laws and regulations in the KHI and conceptually. The data collection methods used are interviews, observations, and documentation. The subject of the study was the head of the Medan City Religious Court. The results of the study describe that (1) The regulation of legal protection for children after divorce in the Medan City Religious Court is based on seven legal bases as rules in deciding child custody cases in the Medan City Religious Court, (2) The application of the law to child custody after divorce in the Medan City Religious Court is in accordance with Law No. 23 of 2002 concerning child protection even though there are several obstacles and barriers. The solution to overcome all of this is the need for re-socialization of the application of Law No. 23 of 2002, (3) The judge's considerations in deciding child custody after divorce in the Medan City Religious Court are based on the principles of justice, legal certainty and a problematic, social, psychological approach in order to achieve a decision that satisfies both parties.
Analisis Proses Permohonan Perwalian atas Anak dari Saudara Kandung: Studi Putusan Nomor 375/PDT.P/2023/PA.SGM Sarumpaet, Muhammad Idris; Harahap, Yadi
El-Mujtama: Jurnal Pengabdian Masyarakat  Vol. 4 No. 5 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i5.3723

Abstract

Until now, the process of adopting a child or transferring guardianship of a child is still rarely carried out by most people, especially if the child adopted is the child of a sibling or family member, even though legally the application for guardianship of a child is very important in fulfilling the applicable legal provisions. both in court and outside of court. So this research needs to be carried out in order to find out the process for applying for guardianship over children from siblings by studying Decision Number 375/PDT. P/2003/PA. SGM. This research is qualitative research with a normative juridical type of research, using two approaches, namely the statutory approach and the Conceptual Approach. The results of this research prove that legally the petition submitted by the applicant in Decision Number 375/PDT. P/2003/PA. SGM, has fulfilled the applicable legal provisions regarding guardianship applications in religious courts, and the applicant has also fulfilled the 4 (four) conditions that must be met by a guardian, namely, that he is mature and sensible, can be trusted with the child's welfare and is fair, and is able to carry out his duties as a guardian and also a believer.
Penetapan Izin Poligami melalui Pengadilan Agama dalam Perspektif Hukum Positif di Indonesia Azhari, Wildan Habib; Harahap, Yadi
El-Mujtama: Jurnal Pengabdian Masyarakat  Vol. 4 No. 5 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i5.3809

Abstract

Basically everyone wants to get married only once in their life, but there are several reasons why people commit polygamy or get married two or three or four times. The causal factors referred to are internal factors from the family which resulted in the husband choosing to remarry, as regulated in positive law in Indonesia, that polygamy must go through a procedural procedure in a religious court and must fulfill certain reasons and conditions so that the religious court judge can grant the proposed polygamy permit.. This research is qualitative research with a normative juridical type of research, using a library research approach. The results of this research show that the case examination process in this research has been carried out in accordance with the provisions, and in legal fact the wife gave written permission to the husband to carry out polygamy so that the judge gave permission to the husband to carry out polygamy with his second wife.
Co-Authors Azhari, Wildan Habib Khair, Nispul Lubis, Indah Amani Nur'aini Sarumpaet, Muhammad Idris Sukiati Sukiati