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All Journal AT-TAFAHUM: Journal of Islamic Law
Sihombing, Darwin Wibowo
Law Office Saroha & Partner
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The Impact of Social Change on the Practice of Polygamy in Modern Society: A Review of Islamic Family Law Sihombing, Darwin Wibowo; Firza, Muhammad
AT-TAFAHUM: Journal of Islamic Law Vol 5, No 2 (2021)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v5i2.29206

Abstract

This study aims to analyze the impact of social change on the practice of polygamy in the context of modern society and to examine the relevance of Islamic family law in implementing these regulations. Using qualitative descriptive methods, this study involved in-depth interviews with religious leaders, legal practitioners, and individuals involved in the practice. Furthermore, this study considered the social, cultural, and economic dynamics that influence individual decisions in pursuing the practice. The results indicate that public awareness of women's rights and the importance of social justice is increasing, significantly changing their perspectives on polygamy. Although Islamic law permits polygamy under conditions of fairness, practice often falls short of these criteria. Many families experience dissatisfaction, internal conflict, and psychological impacts due to unfair treatment between wives. This study concludes that achieving justice in the practice of polygamy requires more comprehensive legal education, strong advocacy for individual rights, and strengthened oversight and enforcement mechanisms. Therefore, this research is expected to provide broader insights for policymakers and the public in creating more just, humane, and relevant solutions to the practice of polygamy in the modern era.
Implementation of the Basic Principles of State Administrative Justice in Ensuring Legal Certainty in Indonesia Sihombing, Darwin Wibowo; Hasibuan, Fitri Amanda
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 1 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v4i1.29348

Abstract

The State Administrative Court (PTUN) plays an important role in the Indonesian legal system as a means of legal protection for the public against government actions. The existence of the PTUN is an implementation of the principles of the rule of law (rechtsstaat) and the rule of law, which emphasizes that every government action must be based on law and can be tested legally. The PTUN was established based on Law Number 5 of 1986 which has been amended through Law Number 9 of 2004 and Law Number 51 of 2009. In its implementation, the PTUN not only functions as an institution for resolving administrative disputes, but also as an instrument for monitoring the actions of public officials to prevent abuse of authority. This paper aims to explain the meaning of the main principles in the PTUN, identify the types of principles that apply, and analyze their application in the practice of state administrative justice. The method used is a normative approach by reviewing laws and regulations, legal doctrines, and related literature. The discussion results show that the basic principles of the PTUN, such as the presumption of justice, the principle of simple, fast, and low-cost justice, the principle of judicial objectivity, and the principle of transparency, play a fundamental role in ensuring justice, legal certainty, and the protection of citizens' rights. In practice, these principles serve as guidelines for examining, adjudicating, and deciding state administrative disputes. Therefore, the application of the basic principles of the PTUN is crucial for the effectiveness of administrative justice in realizing justice and controlling government actions.
Co-Authors Firza, Muhammad Hasibuan, Fitri Amanda