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YOUNG WIVES' RIGHTS OF UNREGISTERED MARRIAGE TO JOINT PROPERTY BASED ON ISLAMIC AND POSITIVE LAW Encep Ahmad Yani
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 4 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

In Indonesia, marriage is governed by two sets of legal provisions: favorable norms and Islamic rules, the latter of which are founded on the Koran, Hadith, Imam Madzhab, and the opinion of mutaakhkhirin Ulama. As for what constitutes positive legislation in this context, or law no. 16 of 2019, amending law no. 9 of 1975 concerning the clarification of Law No. 1 of 1974 concerning Marriage, and then Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Rules. This indicates that marriages are legitimate regardless of whether they are performed in front of a marriage registrar or in front of people who understand Islam's marriage laws (Kiyai, ustad, etc.). The second is permissible. Due to the fact that both are legal, the ramifications of the marriage-related rules are identical. In practice, young brides marry by hand as if there is no legal protection for common property in the event of divorce or death. People who do this research are hoping to find, develop, and come up with new ideas in the field of law, particularly in the area of protecting the rights of young people married with joint assets.

PERANAN WALI NIKAH SIRI DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA Yani, Encep Ahmad
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : CV. Ridwan Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.636 KB)

Uang Kartal Dalam Pendekatan Hukum Ekonomi Dan Hukum Ekonomi Syariah Ahmad Yani, Encep; Widjajanto, Haswar
ARBITRASE: Journal of Economics and Accounting Vol. 3 No. 3 (2023): March 2023
Publisher : Forum Kerjasama Pendidikan Tinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47065/arbitrase.v3i3.689

The rapid progress of science and technology in today's digital era has brought revolutionary changes in transactions, no need to queue up to make a passbook, wait for an ATM card to be issued, now all of that is no longer needed, just install the application, top up the balance already can directly transact. This study uses a descriptive analysis method, which is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. The results of the study show that the four electronic money products above (Sakuku BCA, Link Aja, OVO and Go Pay), represent their presence in Indonesia that need attention from the regulatory side and also need attention from the aspect of shari'ah studies, considering the users of money products The majority of these electronics are Muslim. The presence of electronic money, something that cannot be denied, due to the rapid advances in science and technology, the law in this position is forced to be able to adjust and meet the demands for progress in this millennial era which is all over the world digital fast and accurate, it is possible that currency can be left behind under certain conditions.

Dualisme Pengaturan Perkawinan Beda Agama Assyifa Rachmat, Lavita; Ahmad Yani, Encep
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1863

This research was motivated by the marriage of couples with different beliefs, called interfaith marriages. This type of marriage was originally permitted based on Law Number 24 of 2013, amendment to Law Number 23 of 2006 concerning Population Administration, then it was not permitted (prohibited) based on the Supreme Court Circular. (SEMA) Number 2 of 2023. The aim of this research is to determine the dualism of interfaith marriage arrangements. This research uses descriptive analytical methods with a normative juridical approach. The research results show that this inconsistency occurs because it is explicitly stated in Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and Article 44 of the Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Compilation of Islamic Law which states that marriage between different religions is prohibited. The Surabaya District Court has decided case No.916/Pdt.P/2022/PN.Sby and has been confirmed by Supreme Court Decision Number 1400K/PDT/1986, the essence of the decision is to allow interfaith marriage between Rizal Adikara who adheres to Islam and Eka Debora Sidauruk who adheres to Christianity. The results of the research concluded that after the Supreme Court Circular Letter (SEMA) Number 2 of 2023, all interfaith marriages were prohibited.

Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11890

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.

Post-Divorce Division Of Marital Assets From The Perspective Of The Maslahah Mursalah Theory Yani, Encep Ahmad; Latipulhayat, Atip; Hernawan, Dedy
Riwayat: Educational Journal of History and Humanities Vol 8, No 3 (2025): July, Social Studies, Educational Research and Humanities Research.
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i3.47945

Joint property from an Indonesian Islamic jurisprudence perspective is equated with the concept of syirkah., as regulated in Article 1 letter f of the Compilation of Islamic Law (KHI) which states that "Property in marriage or syirkah". Further regulations are contained in Article 97 of the KHI which states that "Widows or widowers who are divorced are each entitled to half of the joint property, as long as it is not stipulated otherwise in the marriage agreement." However, in practice, this provision has experienced deviations in various Religious Court decisions. The composition of the division varies, such as 1/3 to 2/3, to , even up to 1/5 to 4/5. This raises a number of problems, including: how to classify husband and wife obligations, how to implement the formula and form of division, and how the concept of distribution of joint property after divorce is reviewed from the perspective of the theory of benefit. The focus of this research is more on the Distribution of Joint Property After Divorce with the Parameters of Husband and Wife Obligations from the Perspective of the Theory of Maslahah Mursalah. This research method is descriptive analysis, while the approach method used is normative juridical. The research stage used is carried out in 2 (two) stages, namely: library research and field research. The data collection technique used in this research is as follows:documentand interviews. The obligations and prohibitions of husband and wife from the perspective of the theory of benefit are classified based on their urgency into three categories: dharuriyyah (primary), hajiyyah (secondary), and tahsiniyah (tertiary). In judicial practice, the implementation of the division of joint assets is based on the theory of syirkah. Religious court decisions show the existence of legal flexibility, which is evident from the variation in the composition of the division such as 4/5 and 1/5, 2/3 and 1/3, and 3/4 and . From the perspective of the theory of benefit, the division of joint assets reflects the value of contextual justice, for example (1) If the husband works and the wife takes care of the household, the husband gets 58%, the wife 42%. (2) If the wife continues her domestic role but has an emotional relationship with another man, then the division becomes 70% for the husband and 30% for the wife.

Perlindungan Hak Waris Anak yang Lahir dari Perkawinan Tidak Tercatat Menurut Kompilasi Hukum Islam Adjani, Muhammad Ahnaf; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12366

This study examines the protection of inheritance rights of children born from unregistered marriages according to the Compilation of Islamic Law (KHI) using descriptive qualitative methods and a normative legal approach. The purpose of the study is to describe in detail the facts on the ground while analyzing applicable legal norms and their conformity with community practices. Data collection techniques were carried out through a literature study including books, journals, articles, laws and regulations, and relevant documents, which were then critically analyzed to produce a comprehensive understanding. The results show that unregistered marital status has a significant impact on the legal recognition of children as heirs. According to the KHI, children are the primary heirs, but this provision only applies to children born from legal and officially registered marriages. Children born outside of registered marriages generally do not receive inheritance rights from their biological fathers, unless there is legal recognition or a court decision. In practice, the protection of children's inheritance rights is often hampered by patriarchal culture, low legal literacy, and differences between customary law and Islamic law. Daughters, children born out of wedlock, and adopted children tend to be more disadvantaged in inheritance distribution. As a solution, marriage confirmation at the Religious Court is the primary step in legalizing marital status, thereby granting children legal status as heirs. Another alternative is to adhere to Constitutional Court Decision No. 46/PUU-VIII/2010, which allows illegitimate children to inherit from their biological father with proof of a civil relationship. Increasing public legal awareness and facilitating access to marriage registration are key to ensuring fair protection of children's inheritance rights in accordance with Islamic principles of justice and national law.

Tuntutan Hak Nafkah Istri yang tidak di Biayai oleh Suami Selama Dua Tahun Menurut Kompilasi Hukum Islam (KHI) Hadiwidjaja, Moch Eryans; Yani, Encep Ahmad
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1971

This study examines the wife's claim for maintenance rights that has not been met by the husband for two years based on Article 80 paragraph (4) of the Compilation of Islamic Law (KHI), which requires the husband to provide for his wife and children according to his ability. Using a normative approach with statute and conceptual methods, this study analyzes legal regulations such as Law Number 1 of 1974 concerning Marriage, the 1945 Constitution, and the Bandung Religious Court's decision Number 6147/Pdt.G/2024/PA.Badg as a case study. The results show that a husband's negligence in providing maintenance can be grounds for divorce, supported by Gustav Radbruch's basic legal values of justice, certainty, and expediency. The wife has the right to file a claim through mediation or litigation in the Religious Court to obtain protection of her rights, in order to create a harmonious family and social welfare. This study emphasizes the importance of law enforcement to protect women in marriage.

Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11890

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.

Dualisme Pengaturan Perkawinan Beda Agama Assyifa Rachmat, Lavita; Ahmad Yani, Encep
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1863

This research was motivated by the marriage of couples with different beliefs, called interfaith marriages. This type of marriage was originally permitted based on Law Number 24 of 2013, amendment to Law Number 23 of 2006 concerning Population Administration, then it was not permitted (prohibited) based on the Supreme Court Circular. (SEMA) Number 2 of 2023. The aim of this research is to determine the dualism of interfaith marriage arrangements. This research uses descriptive analytical methods with a normative juridical approach. The research results show that this inconsistency occurs because it is explicitly stated in Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and Article 44 of the Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Compilation of Islamic Law which states that marriage between different religions is prohibited. The Surabaya District Court has decided case No.916/Pdt.P/2022/PN.Sby and has been confirmed by Supreme Court Decision Number 1400K/PDT/1986, the essence of the decision is to allow interfaith marriage between Rizal Adikara who adheres to Islam and Eka Debora Sidauruk who adheres to Christianity. The results of the research concluded that after the Supreme Court Circular Letter (SEMA) Number 2 of 2023, all interfaith marriages were prohibited.

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