Claim Missing Document
Check
Articles

Found 3 Documents
Search

Analisis Usia Perkawinan Pasca Lahirnya Undang-Undang Nomor 16 Tahun 2019 dan Penanganan Perkara Dispensasi Kawin di Pengadilan Agama Menurut Perma Nomor 5 Tahun 2019 Uzlah Wahidah; Janeko, Janeko
JOSH: Journal of Sharia Vol. 1 No. 02 (2022): Juni : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i2.159

Abstract

The emergence of differences of opinion in determining the age of marriage is due to the absence of definite provisions in its determination. This has an impact on differences of opinion that arise in the view of fiqh experts and also has an impact on existing legislation. In addition, regarding the handling of marital dispensation cases, at first there was no detailed regulation that had an impact on the number of decisions that gave permission to every case of marriage dispensation. Currently the author discusses determining the age of marriage after the birth of Law Number 19 of 2019 and the provisions of the Supreme Court Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Marriage Dispensation. This research uses qualitative research with descriptive analysis method with normative juridical approach. as for the result as follows : The stipulation of the Religious Courts in determining the age of marriage was previously enshrined in the provisions of Article 7 Paragraph (1) of Law Number 1 of 1974 where the provisions for the marriage age of 19 years for men and 16 years for women were further amended by Law Number 16 of 2019 concerning Marriage with The age requirement for both male and female is 19 years. In the event that the application for a marriage dispensation case is specifically regulated in Perma Number 5 of 2019 concerning Guidelines for Adjudicating Applications for a Marriage Dispensation, the Religious Courts in handling the case must be based on the Perma, then must consider the benefits and harms in determining the application for a marriage dispensation.
Fenomena Tradisi Larangan Perkawinan Adat Mangku Dalan dan Temu Pojok Pada Masyarakat Desa Tenggulun Kecamatan Solokuro Kabupaten Lamongan Uzlah Wahidah; Janeko
JOSH: Journal of Sharia Vol. 2 No. 01 (2023): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v2i1.174

Abstract

In reality, the customary rules of marriage between one indigenous people are different from other indigenous peoples, between one tribe is different from another, between those who are Muslim are different from those of other religions, as well as there are differences in marriage customs between urban and rural communities. other. Customs that have become a customary law will be more difficult and stronger because violations of them will meet with a sanction in accordance with the regulations that apply and are obeyed in that society. Including the custom followed by the people of Tenggulun Village, Solokuro District, Lamongan Regency where there is a prohibition on marriage caused by mangku dalan and temu corner when it is not complied with, then in the future the family will experience bad luck in the household. The results of the study found that customs in marriage in the form of prohibitions on mangku dalan customary marriages and corner gatherings carried out by the people of Tenggulun Village, Solokuro District, Lamongan Regency according to 'urf are included in 'urf shahih because they are considered not to conflict with syara law'. Meanwhile, according to Islamic law and Law No. 1 of 1974 there are no prohibitions like the above, and the public's reason for these prohibitions is only to get safety, good luck, and blessings from Allah SWT.
PRAKTIK POLITIK UANG (MONEY POLITIC) DALAM PEMILU (Studi Analisis Tinjauan Hukum Positif dan Hukum Islam): (Studi Analisis Tinjauan Hukum Positif dan Hukum Islam) Janeko; Uzlah Wahidah
The Republic : Journal of Constitutional Law Vol. 2 No. 1 (2024): THE REPUBLIC : Journal of Constitutional Law
Publisher : Program Studi Hukum Tata Negara dan diterbitkan oleh Program Studi Hukum Tata Negara dan Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Universitas Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/htn.v1i2.837

Abstract

Money Politics is an attempt to influence other people by using material rewards or can be interpreted as buying and selling votes in the political process, power and the act of distributing money, whether personal or party property, to influence voters' votes ahead of the day of the general election. The practice of Money Politics is carried out by giving money, basic necessities including rice, oil and sugar to the public with the aim of attracting public sympathy so that they vote for the party concerned. This type of research is library research (Library Research is a data collection technique by conducting a review study of books, literature, notes and reports. Islamic law and law view money politics, that is, they both consider money politics in elections is haram or prohibited. Meanwhile, the difference is that in Islamic law and law, money politics is viewed as an act that is prohibited by the Shari'a and acts of money politics are included in the category of risywah, whereas in positive law, money politics is viewed as an act that violates the law. -laws governing elections. Money Politics is an attempt to influence other people by using material rewards or can be interpreted as buying and selling votes in the political process, power and the act of distributing money, whether personal or party property, to influence voters' votes ahead of the day of the general election. The practice of Money Politics is carried out by giving money, basic necessities including rice, oil and sugar to the public with the aim of attracting public sympathy so that they vote for the party concerned. This type of research is library research (Library Research is a data collection technique by conducting a review study of books, literature, notes and reports. Islamic law and law view money politics, that is, they both consider money politics in elections is haram or prohibited. Meanwhile, the difference is that in Islamic law and law, money politics is viewed as an act that is prohibited by the Shari'a and acts of money politics are included in the category of risywah, whereas in positive law, money politics is viewed as an act that violates the law. -laws governing elections.