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All Journal Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Amorti: Jurnal Studi Islam Interdisipliner Mawaddah: Jurnal Hukum Keluarga Islam
Sarkanto
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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 1 
Legal And Psychological Implications Of Divorce Refusal: A Case Study Of Decision No. 880/Pdt.G/2023/Pa. Tmg Based On Sema No. 1 Of 2022 Sarkanto; Adewumi, Ibrahim Adeyemi; Price, Benjamin
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.88

Abstract

This study analyses divorce denial's legal and psychological implications in case No. 880/Pdt.G/2023/PA.Tmg, based on the Supreme Court Circular (SEMA) No. 1 of 2022. The denial was due to the unmet requirement of a six-month separation period, despite evidence of continuous conflict and the husband's criminal behavior. The research examines whether the court considered the psychological aspects of both parties and how SEMA No. 1 of 2022 was applied. Methods This research uses a qualitative approach with case studies that analyze legal documents and court decisions related to the application of SEMA No. 1 of 2022 in divorce rejection cases; the findings highlight the need for legal flexibility to accommodate emotional and cultural factors in divorce cases, suggesting possible policy revisions to support affected individuals better.
Unregistered marriages in islamic law: Ensuring children's rights amidst legal validity Sarkanto; Fouad Larhzizar
Amorti: Jurnal Studi Islam Interdisipliner Vol. 3 No. 3 Juli 2024: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v3i3.345

Abstract

This study aims to analyze the validity of Unregistered marriages from the perspective of Islamic law and its impact on children's rights, focusing on the decision of the Singaraja Religious Court Number 17/Pdt.P/2024/PA.Sgr. Unregistered marriages, although valid in Islam, are not legally recognized by the state without official registration. This has various legal implications, especially for children's rights. Children from serial marriages often do not get alimony rights, inheritance rights, and official identity recognition. This study uses a normative legal approach with descriptive analysis to explore the phenomenon of Unregistered marriages and its impact on children's rights from the perspective of Islamic law and positive law in Indonesia. The study results show that the court's determination of a child's origin provides a legal and recognized status, allowing access to rights such as education, health, and inheritance. Awareness of married couples and policy support from the government is needed to protect children's rights and ensure better legal certainty.
Imperfect ownership in common property: An analysis of islamic law and judicial policy Mowafg Abrahem Masuwd; Sarkanto; Mohammad Abdul Munjid; Amel Grasine Farona
Amorti: Jurnal Studi Islam Interdisipliner Vol. 4 No. 3 Juli 2025: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v4i3.472

Abstract

This paper aims to examine the imperfect status of ownership in the distribution of common property (gono-gini) from the perspective of Islamic law and positive Indonesian law, especially in the context of assets that are still pledged or have not been paid off. This problem becomes particularly relevant considering the number of married couples who acquire assets in the form of credit during their marriage period. This study employs a normative juridical method with a comparative approach, analyzing the norms of Islamic law, the Compilation of Islamic Law (KHI), and the Supreme Court Circular Letter (SEMA) No. 3 of 2018, and comparing them with judicial practices in religious courts. The results show that positive legal approaches that emphasize formal ownership tend to overlook each party's actual contribution in acquiring property, thereby risking the creation of injustice. On the contrary, the principle of substantive justice in Islamic law provides room for recognizing real contributions through conditional apportionment mechanisms and proportional assessments that are more adaptable to the socio-economic dynamics of households.
The structure of madrasa education in nigeria and government initiatives Busari Afeez Babatunde; Sarkanto; Eka Mahargiani Rokhma; Mubayinah; Triana Hermawati
Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner Vol. 4 No. 3 Agustus 2025: Jurnal Ilmu Pendidikan dan Sains Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jipsi.v4i3.469

Abstract

This research discusses the role and dynamics of madrassas in Nigeria, starting from the background of the development of Islamic educational institutions rooted in local traditions and historical influences of the Sokoto Caliphate, to reveal the structure, types, curriculum, and challenges faced by traditional and modern madrassas in the North and South. This study aims to determine the structure in madrasas in the country and government initiatives in madrasas. Qualitative methods are used through interviews and field observations, combined with analyzing library documents and sources. The results of the study show that there are significant differences between madrassas in the North that emphasize Islamic and community-based education, and madrassas in the South that prioritize integrated education between religion and the public, as well as obstacles such as limited resources, inequality of facilities, and modernization demands. Strengthening governance, curriculum integration, and government support are key to optimizing madrasas as relevant educational and social institutions in Nigeria.
Recognition of the constitution, laws and regulations, customary law, and islamic law in the indonesian and malaysian legal systems Youcha Alassane Touré; Mohammed Hafiz Ali Wafa; Aris Munandar; Sarkanto; Nasih Muhammad; Mohammad Abdul Munjid
Amorti: Jurnal Studi Islam Interdisipliner Vol. 4 No. 4 Oktober 2025: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v4i4.558

Abstract

This article discusses the recognition of the constitution, laws, and regulations, customary law, and Islamic law in the Indonesian and Malaysian legal systems through a comparative legal approach. Indonesia, which adheres to the civil law tradition of Dutch heritage, and Malaysia, which adopts common law inherited from the British, turn out to show important similarities in terms of recognition of the four sources of law. The Constitution is placed as the highest law that serves as the basic guideline for the administration of the state, while laws and regulations function as the main instrument to translate the mandate of the Constitution. Customary law in both countries is still recognized as long as it does not conflict with national regulations, reflects local cultural identity, and plays a role in resolving community disputes. Meanwhile, Islamic law has received formal space through religious courts in Indonesia and sharia courts in Malaysia, especially in family, inheritance, and morality matters. This study uses a normative legal method with a comparative approach, supported by primary and secondary legal materials. The results of the study show that despite the different systems, Indonesia and Malaysia have succeeded in combining colonial heritage with local and religious identities, so that the legal system is plural, dynamic, but still integrated. These findings enrich comparative legal studies in Southeast Asia and make an academic contribution to understanding the dynamics of legal pluralism in cognate regions.
Co-Authors Adewumi, Ibrahim Adeyemi Amel Grasine Farona Aris Munandar Busari Afeez Babatunde Eka Mahargiani Rokhma Fouad Larhzizar Mohammad Abdul Munjid Mohammed Hafiz Ali Wafa Mowafg Abrahem Masuwd Mubayinah Nasih Muhammad Price, Benjamin Triana Hermawati Youcha Alassane Touré