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All Journal Jurnal Integrasi Ilmu Syariah (Jisrah) Al Ushuliy
Octavia, Nurul Aini
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALYSIS OF DIVORCE CASES IN THE BATUSANGKAR RELIGIOUS COURTS IN THE PERSPECTIVE OF LAW NUMBER 23 OF 2004 CONCERNING THE ELIMINATION OF DOMESTIC VIOLENCE Wulandari, Sri; Eficandra, Eficandra; Effendi, Amri; Octavia, Nurul Aini
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 2 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i2.13204

Abstract

This research examines forms of domestic violence and the considerations of judges at the Batusangkar Religious Court in deciding divorce cases and judges' considerations in divorce cases from the perspective of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The type of research used in writing this thesis is a qualitative approach. The results of the first research, forms of domestic violence in divorce cases. Second, the consideration of the judge at the Batusangkar Religious Court in deciding a divorce case, one party leaving the other party for 2 (two) consecutive years, a prison sentence of 5 (five) years, the husband violating the divorce agreement. The three judge's considerations regarding divorce cases are seen from the perspective of Law Number 23 of 2004.
Rechtsvacuum in Regional Regulations: Addressing the Gap in Tanah Ulayat Governance Vena, Lymchya Nora; Yunarti, Sri; Octavia, Nurul Aini; Fitri, Hidayati
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13752

Abstract

The main issue discussed in this thesis is the rechtsvacuum in the protection of Tanah Ulayat rights in Nagari Palangki, Sijunjung District, and the implementation of West Sumatra Provincial Regulation No. 6 of 2008 in this area. The objective of this study is to explain and analyze the rechtsvacuum in the local government’s handling of customary land rights protection, as well as the application of the regulation regarding the utilization of customary land in Nagari Palangki. This research uses a field study approach with a normative and juridical-empirical analysis. The research findings indicate that a rechtsvacuum occurs when there is no regulation to address a specific case or event, creating uncertainty in the application of legal norms. In Nagari Palangki, the rechtsvacuum manifests in the lack of specific regulations regarding government buildings on customary land, leading to issues for future generations of the Kalumpang tribe, who are unable to clearly assert their rights. Furthermore, the implementation of West Sumatra Provincial Regulation No. 6 of 2008 has not been effective in Nagari Palangki. Based on the regulation, concrete steps to address this rechtsvacuum include the recognition of customary land rights, the formulation of local regulations, the empowerment of the Nagari community, and the resolution of land disputes.
The Legal Politics of Religious Courts in Indonesia: The Relevance of Islamic Law and Positive Law in Judges’ Decisions Aji, Ahmad Solikan; Octavia, Nurul Aini
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15676

Abstract

Religious Courts in Indonesia are an integral part of the national justice system that has an important role in resolving legal disputes related to Islam. Based on the 1945 Constitution and applicable legal provisions, Religious Courts in Indonesia are run with the aim of providing justice to Muslims in resolving civil and family problems. The legal politics of religious courts are very important to understand how the religious court system works in the context of national law and to see the extent of the relevance and influence between Islamic law and positive law in judges' decisions. The type of research used in this paper is normative legal research, while the research method used is a qualitative research method. Namely research that uses descriptive data in the form of written or spoken language from people and actors that can be observed. The conclusion of this study is that positive law and Islamic law have relevance in judges' decisions, the application of these two legal systems in Indonesia is not always easy. The biggest challenge lies in the integration and harmonization between the two. Overall, positive law and Islamic law are not two separate entities in the Indonesian justice system, but
Co-Authors Aji, Ahmad Solikan Effendi, Amri Eficandra Eficandra Fitri, Hidayati Sri Wulandari Vena, Lymchya Nora Yunarti, Sri