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All Journal Tasyri' al Hairy | Journal of Islamic Law
Marwati, Lusi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pertimbangan Hakim dalam Putusan No.0253/Pdt.P/2016/Pa.Pbg Tentang Dispensasi Pernikahan Mutakin, Ali; Marwati, Lusi
Tasyri' : Journal of Islamic Law Vol. 1 No. 1 (2022): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v1i1.2

Abstract

Marriage dispensation is the granting of the right by the Religious Courts to a person to marry even though they have not reached the minimum age for marriage, if the situation "requires" and there is no other option. In an effort to grant a marriage dispensation, the Religious Courts are required to provide considerations that prioritize the concept of maslahah, namely considerations of goodness and rejecting harm (madharat) in society. This article aims to analyze the decision no.0253/Pdt.P/2016/PA.Pbg regarding marriage dispensation. The type of research used is a normative legal research model (doctrinal). The primary data source used is a copy of the decision of the religious court no. 0253/Pdt.P/2016/PA.Pbg, while the secondary data are books, journal articles related to the discussion theme. The data analysis technique used descriptive analysis, where the data obtained were described and then analyzed. The findings of this article are some of the considerations that become the judge's reference in determining decision no. 0253/Pdt.P/2016/PA.Pbg are 1) based on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage. 2) based on written evidence and statements from the two witnesses. 3) based on the true benefit.
Ketidakpuasan dalam Hubungan Biologis menjadi Alasan Poligami di Kabupaten Purbalingga: Studi Analisis Putusan Perkara No.2126/Pdt.G/2021/PA.Pbg Marwati, Lusi; Mutakin , Ali; Isyanto, Nur
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.136

Abstract

Licensing for polygamy is the granting of rights by the Religious Courts to someone to marry more than one wife. As for efforts to implement a polygamy permit, it must comply with the applicable terms and conditions, as stated in Article 4 paragraph (2) and Article 5 paragraph (1). This article aims to analyze the provisions of the decision No. 2126/Pdt.G/2021/PA. Pbg, regarding polygamy licensing. The type of research used is a normative legal research model. The primary data source used is a copy of the decision No. 2126/Pdt.G/2021/PA. Pbg, while secondary data is in the form of books, journals, and interviews. The data analysis technique uses descriptive analysis, where the data obtained is described and then analyzed. The findings of this article are several considerations that are used as a reference for judges in making decisions no. 2126/Pdt.G/2021/PA. Pbg, namely: 1) Based on Article 4 paragraph (2), Article 5 paragraph (1), and law number 1 of 1974. 2) Based on written and oral evidence from the respondent and the statements of the two witnesses. 3) Based on benefit considerations
Teori Keadilan John Rawls dan Relevansinya dalam Formulasi Kebijakan Pembagian Harta Bersama di Era Kontemporer: Teori Keadilan John Rawls dan Relevansinya dalam Formulasi Kebijakan Pembagian Harta Bersama di Era Kontemporer Sulaiman, Heri; Marwati, Lusi; Alfarezi, Salman; Sulistiowati, Tri; Machmud , Aris
al Hairy | Journal of Islamic Law Vol. 1 No. 1 (2025): al Hairy
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/hry.v1i1.13

Abstract

The problem of justice in the division of joint property after divorce has become increasingly complex in the contemporary era, along with social, economic, and legal changes. This article discusses John Rawls' theory of justice, especially the principle of justice as fairness, and its relevance in formulating joint property division policies. The purpose of this study is to examine the extent to which Rawls' theory can provide a normative framework in assessing and improving joint property division policies to be more equitable. The method used is qualitative research with a juridical-philosophical approach, through literature analysis of Rawls' works and positive legal regulations in force in several countries, including Indonesia. The research findings show that Rawls' principles of justice, especially the difference principle and the principle of equal freedom, can be used to build a joint property division system that pays attention to the balance between individual rights and protection of economically vulnerable parties. In conclusion, the formulation of joint property division policies based on Rawls' theory will encourage the creation of a legal system that is not only legalistic, but also guarantees substantive justice for both parties. Therefore, the integration of Rawlsian justice values ​​in legislation is very relevant to answer the challenges of justice in the dynamics of contemporary society.
Co-Authors Alfarezi, Salman Isyanto, Nur Machmud , Aris Mutakin , Ali Mutakin, Ali Sulaiman, Heri Sulistiowati, Tri