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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Wildana Arsyad
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Religion

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Pengembangan Putusan Hakim terhadap Dispensasi Pernikahan di Pengadilan Agama Belopa (Tinjauan Maqāṣid Syarī’ah): Development of Judicial Decisions on Marriage Dispensation at the Belopa Religious Court (Maqashid Sharia Perspective) Darmawati, Darmawati; Wildana Arsyad
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 5 No. 3 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i3.1791

Abstract

This study aims to analyze the factors influencing judicial decisions, evaluate the alignment of these decisions with the principles of Maqashid Sharia, and formulate recommendations for more comprehensive decision-making. This research employs a qualitative method with a normative-juridical and empirical approach. Data was collected through a study of court decisions, in-depth interviews with judges at the Belopa Religious Court, and observation of court proceedings. Data analysis was conducted using Maqashid Sharia theory, specifically its five main principles: protection of religion, life, intellect, lineage, and property. The study results reveal variation in judges' considerations for granting marriage dispensations. Factors such as premarital pregnancy, concerns about possible adultery, and social pressures often underlie the granting of dispensations. The Maqashid Sharia analysis indicates that some decisions tend to prioritize the protection of lineage and religion, but lack consideration for the protection of intellect and life, particularly regarding the mental and physical readiness of young couples.
Analisis Pencapaian Tujuan Hukum terhadap Penerapan E-Court di Pengadilan Agama Belopa: Analysis of the Achievement of Legal Goals on the Implementation of E-Court in the Belopa Religious Courts Mohammad Farisan Auzan; Muammar Arafat Yusmad; Firman Muhammad Arif; Wildana Arsyad
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v6i1.2070

Abstract

This study aims to analyze the implementation, stakeholder perceptions, problems and solutions, as well as the urgency and achievement of legal objectives regarding the use of the e-court application at the Religious Court of Belopa. The research employs interview, observation, and documentation methods with a descriptive qualitative approach. The findings show that the e-court system has been implemented from the administrative stage to the trial process at the Religious Court of Belopa. However, there are still several issues in its implementation. First, the use of the application remains limited, particularly among non-advocate users, compared to legal professionals in case resolution. The main obstacles identified include the electronic payment (e-payment) method, frequent server maintenance of the e-court system, and the public’s limited knowledge. As a result, only active individuals and legal representatives are among the few who regularly utilize the e-court application in legal proceedings. Improving the effectiveness of the e-court system is an ongoing effort to provide the best service to the people of Luwu Regency in accessing justice. The study recommends the establishment of a Memorandum of Understanding (MoU) or cooperation agreement between the Religious Court of Belopa and local banks, upgrading the e-court server by the Supreme Court to a higher capacity to minimize maintenance interruptions, and organizing both direct and indirect training and socialization programs for the Luwu Regency community through collaboration between the Religious Court of Belopa and village government officials.
Co-Authors Darmawati Darmawati firman muhammad arif Mohammad Farisan Auzan Muammar Arafat Yusmad