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All Journal Legitima : Jurnal Hukum Keluarga Islam HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Ningsih, Marlinda Ayu
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KETERLIBATAN PENEGAK HUKUM TERHADAP PENJEMPUTAN PAKSA PERSPEKTIF PERLINDUNGAN ANAK : Studi Kasus Selebgram Laura Meizani (Loly) Fikriyah, Durrotul; Dewi, Dwi Ratna Cinthya; Qudsiyah, Salma Nafisatul; Ningsih, Marlinda Ayu; Romadiyah, Siti Nurul
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1256

Abstract

This research analyzes the involvement of law enforcement in the forced pick-up carried out by Nikita Mirzani’s daughter named Laura Meizani (Loly) .This case is very trending on social media for a couple of days, so the author is interested in making it as the object of the latest research regarding the forced pick-up that Nikita Mirzani carried out on her child. This research uses a normative law research method with a statutory approach related to this issue. The research results explained that: 1. The forced pick-up carried out by Nikita Mirzani involving law enforcement was in accordance with applicable legal provisions. 2. Even though the authorities state that they have complied with procedures, it is best to pay more attention when picking up minors, especially those who are public figures or celebrities, to maintain the child's safety and comfort.
Contemporary Islamic Family Law Studies: An Analysis of the Inconsistency of Marriage Age Limits Between Law and Social Reality at the Mojokerto Religious Court Dewi, Dwi Ratna Cinthya; Fikriyah, Durrotul; Utsman, Muhammad Dzul Hilmi; Ningsih, Marlinda Ayu; Nasution, Alhafidh
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6439

Abstract

Purpose - This study examines the inconsistency of the marriage age limit as regulated in the Marriage Law and PERMA Number 5 of 2019 concerning Reasons for Adjudicating Marriage Dispensation Cases. In addition, this study also analyzes the views of judges at the Mojokerto Religious Court regarding the application of marriage dispensation. It explores the dynamics of social reality that influence the practice of contemporary Islamic family law. Methods - This research is field research with an empirical juridical approach. Research is conducted by interviewing judges, lawyers, the community, and the Head of the Religious Affairs Office and analyzing laws and regulations. The analysis was carried out to identify inconsistencies in the rules for marriage age limits and marriage dispensation contained in Article 7 paragraph (2) of Law Number 16 of 2019 with PERMA Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. Findings - This study concludes several findings: first, the scholars' opinions on the age limit of marriage vary, but some scholars have agreed to determine it as a means of mashlahah to answer problems in the contemporary era. Second, there are legal inconsistencies between Article 7 paragraph (2) of Law Number 16 of 2019 and PERMA Number 5 of 2019, namely the age limit for marriage and the application for marriage dispensation. Research Implications - The regulations on marriage dispensation have indeed been explained, but there is still a lack of clarity regarding the urgent reasons for applying. Therefore, detailed clarity is needed to answer these reasons so as not to cause legal disharmony and legal uncertainty.
Co-Authors Dewi, Dwi Ratna Cinthya Fikriyah, Durrotul Nasution, Alhafidh Qudsiyah, Salma Nafisatul Romadiyah, Siti Nurul Utsman, Muhammad Dzul Hilmi