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All Journal Jurnal Asy-Syari'ah al-Afkar, Journal For Islamic Studies
Siah Khosyiah
UIN Sunan Gunung Djati Bandung
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyelundupan Hukum Perkawinan di Bawah Umur Melalui Permohonan Itsbat Nikah di Pengadilan Agama Nur Latifah Hanum; Shania Anwar; Siah Khosyiah
Asy-Syari'ah Vol 25, No 1 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i1.21142

Abstract

Abstract: Underage marriage is still a phenomenon in Indonesia. Law Number 16 of 2019 has determined that the minimum marriage limit for women and men is 19 years, providing a way for early marriage to apply for marriage dispensation. However, there are still many underage marriages performed under the hands without going through marriage dispensation and then asking for marriage itsbath to the Religious Court. According to the author, this is a legal smuggling to legalise early marriage. The number of judges who still grant this case is undoubtedly the focus of research. This research is empirical juridical by looking at phenomena in society associated with existing regulations and theories of legal smuggling, as well as methods of collecting data through observation and from documents obtained. The results of this study found that underage marriage problems seem to need to be taken seriously because they are prone to legal smuggling, considering that initially, itsbath nikah was only intended for the community for the reasons mentioned in article 7 paragraph (3) of the Compilation of Islamic Law. So judges, especially in religious courts, must start improving. If the judge can reduce the number of itsbath applications against underage marriage, then they have been able to contribute substantive justice to provide welfare for the community. This certainly makes a benchmark for the community not to carry out underage marriages without court permission and, at the same time, an effort to close the faucet of underage marriage in Indonesia. Thus, it is hoped that early marriage can be suppressed. In the future, the government will be able to produce regulations to provide criminal sanctions for perpetrators of early marriage, along with the change in the minimum age of marriage.
Penyelundupan Hukum Perkawinan di Bawah Umur Melalui Permohonan Itsbat Nikah di Pengadilan Agama Nur Latifah Hanum; Shania Anwar; Siah Khosyiah
Asy-Syari'ah Vol. 25 No. 1 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i1.21142

Abstract

Underage marriage is still a phenomenon in Indonesia. Law Number 16 of 2019 has determined that the minimum marriage limit for women and men is 19 years, providing a way for early marriage to apply for marriage dispensation. However, there are still many underage marriages performed under the hands without going through marriage dispensation and then asking for marriage itsbath to the Religious Court. According to the author, this is a legal smuggling to legalise early marriage. The number of judges who still grant this case is undoubtedly the focus of research. This research is empirical juridical by looking at phenomena in society associated with existing regulations and theories of legal smuggling, as well as methods of collecting data through observation and from documents obtained. The results of this study found that underage marriage problems seem to need to be taken seriously because they are prone to legal smuggling, considering that initially, itsbath nikah was only intended for the community for the reasons mentioned in article 7 paragraph (3) of the Compilation of Islamic Law. So judges, especially in religious courts, must start improving. If the judge can reduce the number of itsbath applications against underage marriage, then they have been able to contribute substantive justice to provide welfare for the community. This certainly makes a benchmark for the community not to carry out underage marriages without court permission and, at the same time, an effort to close the faucet of underage marriage in Indonesia. Thus, it is hoped that early marriage can be suppressed. In the future, the government will be able to produce regulations to provide criminal sanctions for perpetrators of early marriage, along with the change in the minimum age of marriage.
Development Of The Capital Market, Money Market, And Foreign Exchange Market In Indonesia: A Sharia Economic Perspective Irwan Fauzy Ridwan; Oyo Sunaryo Mukhlas; Siah Khosyiah
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.2091

Abstract

This study aims to analyze the development of the capital market, money market, and foreign exchange market in Indonesia from the perspective of Islamic economics. In recent years, financial markets in Indonesia have experienced significant growth, especially in sectors that comply with sharia principles. This study examines how these developments affect the Indonesian economy, as well as the challenges and opportunities that exist in the sharia context. The method used in this research is a qualitative approach with descriptive analysis. Data was collected through literature study from various sources, including journals, reports, and official documents related to the capital market, money market, and foreign exchange market in Indonesia. The research findings show that although the Islamic capital market in Indonesia has grown rapidly, there are still some challenges to be faced, such as the lack of public understanding of Islamic investment and the lack of sharia-compliant instruments. In addition, the Islamic money market also shows great potential, but still needs to be encouraged with more supportive regulations. On the other hand, the foreign exchange market in the sharia context is still relatively new and requires further attention to develop transaction mechanisms that are in accordance with sharia principles
Co-Authors Irwan Fauzy Ridwan Mukhlas, Oyo Sunaryo Nur Latifah Hanum Shania Anwar