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Qiyas : Jurnal Hukum Islam dan Peradilan

QIYAS
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Published by Institut Agama Islam Negeri Bengkulu

ISSN : 25033794 EISSN : 2686253X DOI : http://dx.doi.org/10.29300/qys

Core Subject : Religion, Humanities, Social,

Religion Humanities Law, Crime, Criminology & Criminal Justice

Qiyas Journal of Islamic Law and Justice is a scientific journal managed by a team of professionals and experts in their fields. The journal Qiyas Islamic Law and Justice posted various writings both from professionals, researchers, academics and the public. Every writing that apply to the management team will be selected first, if the writings proposed by the new author, it will be edited and published by the manager. Qiyas Islamic Law and Justice is published by IAIN Bengkulu Press, which is published 2 (two) times a year.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 11 Documents

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Search results for , issue "Vol 2, No 2 (2017): OKTOBER" : 11 Documents clear

TINJAUAN HUKUM ISLAM TERHADAP KEWAJIBAN PEGAWAI NEGERI SIPIL MEMBERI NAFKAH KEPADA BEKAS ISTERI PASCA PERCERAIAN (STUDI ANALISIS TERHADAP PASAL 8 PP NO. 10 TH. 1983 JO. PP. NO.45 TH.1990) Nilkhairi Nilkhairi
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

The formulation of this research is: Firstly, how does Islamic law manage the livelihood obligation given by a husband to ex-post-divorce wife? Second, how the review of Islamic law against article 8 of Government Regulation no. 10Year 1983 Jo. PP no. 45 of 1990 on the obligation of Civil Servants to provide for the former post-divorce wives? The method used is qualitative decriptive, with normative juridical approach. This study concludes that: First, Islamic Law regulates the obligation of a husband’s livelihood to ex-wife after the divorce of mut’ah that is giving entertainment to his ex-wife and giving iddah livelihood is the livelihood given by the former husband to the ex-wife during the former wife run the iddah period in talak raji. Both obligations are tailored to the ability of ex-husbands and the level of propriety prevailing in society so as not to burden the burden of ex-husband. There is no obligation to provide more for the former husband after the ex-wife past the iddah period. Second, the obligation of the former civil servant’s husband to give 1/3 of his salary after divorce to his ex-wife until the former wife is remarried, as regulated in Article 8 PP Number 10 of 1983 jo PP No. 45 of 1990 contrary to and contrary to the provisions of Islamic Law because in Islam the obligation of the former husband to give a living to the former wife only in the iddah period because it is the provision of 1/3 salary to the former wife until the former wife married again will cause mudharat both for the former husband himself and the former family of the former husband.

MEDIASI SENGKETA PERCERAIAN DI PENGADILAN AGAMA BENGKULU KELAS IA (STUDI ANALISIS PENERAPAN PERATURANMAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016) Nanang Juanda
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Mediation is a peaceful, effective, and effective means of resolving disputes and may open broader access to the Parties to obtain satisfactory and just dispute resolution. The problem in this research is how the application of Supreme Court Regulation of RI. No. 1 of 2016, in optimizing the peace efforts in divorce disputes in Bengkulu Class IA Religious Court, and what are the constraints of Mediator in conducting mediation of divorce dispute in Bengkulu Class IA Religious Court. Problem solving is done through a normative juridical approach. To analyze the implementation of mediation in Religious Courts Bengkulu Class IA conducted by examining library materials or secondary data related to mediation. While the method used is descriptive research method analysis of mediation theories and the implementation of mediation in the Religious Courts by describing the case under investigation, based on the relationship between theory and reality in the field. Implementation of mediation in Bengkulu Class IA religious court, broadly divided into 4 (four) stages, namely: 1). Case registration stage, 2). Mediator stipulation stage, 3). Implementation stage of Mediation and 4). The final stage of mediation. Factors influencing the success of mediation in Bengkulu Class IA Religious Court are aspects of mediator, sociology aspect, psychology aspect, moral and spiritual aspect and good faith of the parties. While the factors inhibiting the success of mediation is the strong desire of the parties to divorce, has become a prolonged conflict, psychological or psychological factors, the sense of willingness to budge.Keywords: Mediation, Peace, Divorce Dispute, Supreme Court

PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN BAGI ISTERI YANG BERKARIER (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA BENGKULU) Nurul Hak; Meli Musli Marni
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Division of joint post-divorce property for a career wife (a study of the Bengkulu Religious Court’s decision). There are two problems in this research, namely, how the concept of sharing of joint property for the wife of a career in the event of divorce, and what is the basis of judges consideration of Bengkulu Religious Court in deciding the case of sharing of joint property for the wife of a career. Descriptive qualitative research method, while data collection techniques are documentation, observation and interview. Data sources include primary and secondary data. The informant of the judges of the Bengkulu Religious Court. Secondary data of religious court ruling on the distribution of common property. The results of this study explain that the distribution of joint property for wives whose career is not clearly regulated in the Compilation of Islamic Law, therefore in the case of sharing of joint property for the wife of a career, becomes the ijtihad area of the judge to see the case casuistically by taking into account the contribution and role of each. Respectively. The basis of consideration of the judges of the Bengkulu Religious Court in determining the distribution of joint property for wives of post-divorce careers, has been in accordance with theories based on the judges’ good judgment, procedurally in accordance with applicable law, because in its judgment the judge has taken legal norms Appropriate to the articles in the legislation, and has fulfilled the normative juridical aspects, sociological and philosophical, so that the realization of legal certainty, legal justice and legal benefits. Consideration of the judges of the Bengkulu Religious Court in deciding the case of sharing of joint property for the wife of the career, the majority of the decision based on the provisions of the Compilation of Islamic Law, some judges to explore other sources of law as required Article 5 paragraph (1) Law Number 48 Year 2009 on Judicial Power And the principle of ius novita novit, in deciding the matter of sharing the property with the judges of the Bengkulu Religious Court based on casuistry.

PERNIKAHAN DI USIA MUDA KARENA PERMINTAAN ORANG TUA DI KECAMATAN MUARA BANGKAHULU Jaudi Hartono
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

The existence of marriage at a young age caused by the request of parents in the district of Muara Bangkahulu into a phenomenon that wanted to be examined by the author. What is the underlying cause of underage marriage due to parents’ requests in Muara Bangkahulu Subdistrict and how Islamic law’s view of marriage at a young age caused by parental demand is a matter of concentration. This research is field research using descriptive analytic method. The results of this study indicate that the cause of marriage at a young age caused by the demand of parents in Muara Bangkahulu District is due to economic factors, socio-cultural and parents’ concerns about the negative impact of globalization. While the view of Islamic law against marriage at a young age because the request of parents is to allow parents to ask their children to marry even though still at a young age as long as there is a clear reason and not harm the child.

PENERAPAN DISPENSASI PERKAWINAN ANAK DI BAWAH UMUR MENURUT HUKUM POSITIF DI INDONESIA (STUDI ANALISIS PENETAPAN PENGADILAN AGAMA BENGKULU NOMOR 0051/PDT.P/2016/PA.BN) Humam Iskandar
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Humans need to carry out marriage in order to legalize the relationship between the prospective husband or wife. Given the importance of marriage to human life, it is appropriate for marriage rules to be regulated in such a way that it can minimize the occurrence of problems in the field of marriage. One important thing to realize orderly in the field of marriage is the existence of legal certainty in the field of marriage, especially on marriage dispensation in prospective husband / future wife whose age has not been eligible by law. The law governing marriage is Law no. 1 of 1974 and the Compilation of Islamic Law. One of the issues discussed in the Act and KHI is the minimum age limit for marriage. Therefore it must be prevented the existence of underage marriage. The type of research used is qualitative research, which produces descriptive data in the form of words or oral from people and observed behavior. Based on the formulation of problems and research objectives, the approach method used is the sociological juridical approach. Means that this study could include research on legal principles, legal systematics, legal synchronization, legal history, and comparative law. While the sociological means this research consists of research on legal identification (not written) and research on the effectiveness of the law. Research location in Religious Court of Bengkulu City. The data used in this study consist of primary data and secondary data. Data obtained from both the literature and the interview will be analyzed by using qualitative analysis method, a research procedure that produces analytical descriptive data. In this analysis, the authors conclude that the determination of the dispensation has been juridically appropriate. While the sociological reasons proposed by the applicant is not in an ideal position. This lack of ideals is due to the fact that the applicant does not have a plan to mature marriage, the status of the applicant who is still a student, and has not / does not have a job or income to support the family.

ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 MENGENAI ANAK LUAR KAWIN PERSPEKTIF UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK DAN HUKUM ISLAM Megawati Megawati
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

After the issuance of the decision of the Constitutional Court Number 46/PUU-VIII/2010, Article 43 of Law Number 1Year 1974 concerning Marriage which originally stated that the married child has only a civil relationship with his mother and his mother’s family, has blood relation including civil relationship with father his biological and his father’s family although there must be recognition or can be proven on the basis of science and technology and/or other evidence. The decision of the Constitutional Court can be seen from two sides, namely the protection of the rights of the married child, and the conformity of the understanding of the child outside of marriage according to Islamic law, because according to Islamic law the child outside marriage should not at all have a nasab relationship with his biological father. Based on the above background, this research reveals two issues, firstly how the legal power of the Constitutional Court decision regarding the outsider marriage perspective of Law Number 35 year 2014 on Child Protection. Second, what is the conformity between the Constitutional Court decision No. 46/PUU-VIII/2010 concerning the married child against the provision of an outsider from the perspective of Islamic law. This type of research is normative juridical research or library research which is then described descriptively. The results of this study conclude that the legal force of the Constitutional Court decision is binding (final and binding). Recognition of the rights of children outside marriage shall be exercised by all parties concerned, in accordance with Article 59 paragraph 2 letter o Law No. 35 of 2014 on Child Protection, that every child has the right to survival, growth and development and is entitled to protection from violence and discrimination, including special protection to children who are victims of stigmatization from labeling related to the condition of their parents. Meanwhile, if you look at the provisions in Islamic law, the decision of this Constitutional Court should be adjusted to the understanding of children outside marriage in Islamic law, because the Constitutional Court decision is a law made man, while Islamic law is a law that comes from Allah SWT. It is also important to revise Article 2 paragraph (2) on the provision of marriage registration as a legal marriage requirement to be only an administrative requirement. “Outer Child Marriage, Constitutional Court and Islamic Law”.

PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN PERSPEKTIF HUKUM ISLAM Oktavina Libriyanti
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Mediation is a process of problem-solving negotiations, where impartial parties work with disputants to seek mutual consent. Mediation is also known in Islamic law that equates mediation with islah or Al-Sulh, is a process of dispute resolution in which the parties agree to end their case peacefully. The provisions of mediation in the last Court are regulated in supreme Court Regulation number 1 of 2016. Regulation Court are one of the courts under the Supreme Court in accordance with the mandate of constitution, therefore it is obligatory to enforce the provisions of mediation set forth in the Supreme Court Regulation. In accordance with its authority in terms of solving a particular dispute for Muslims, it means that the Religious Court, besides deriving from the positive law of Indonesia, must also derive from Islamic law. Likewise with the provisions on the implementation of mediation in the Court, in addition to following the Supreme Court, in addition to following the Supreme Court Regulation number 1 year 2016, also follow the provisions of mediation set forth in Islamic Law. Based on the above background this research reveal issues, what is the view of Islamic law in mediation procedures in religious court.

PERAN POS BANTUAN HUKUM (POSBAKUM) DI PENGADILAN AGAMA BENGKULU KELAS I A BERDASARKAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2014 Ari Prabowo
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

The purpose of this research is to know the Role of Post of Legal Aid (Posbakum) based on Supreme Court Regulation Number 1 Year 2014 and implementation of Posbakum in serving the justice seeking society that can not afford in Religious Court of Bengkulu Class I A. Research conducted at Bengkulu City Court, at March-June 2017. The research method used is survey method and data retrieval technique done by library study and open interview. Data were analyzed descriptively qualitative. The result of this research is expected to have social value which is giving information to Bengkulu people in particular, and society (nation) Indonesia generally about the benefits or the power of Legal Aid to the poor people in Religious Court of Bengkulu Class I A.

PENYIMPANGAN SEKSUAL DALAM HUBUNGAN SUAMI ISTRI PERSPEKTIF HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG KEKERASAN DALAM RUMAH TANGGA (KDRT) Mawardi Mawardi
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

This research raises the problem about sexual deviation in the relationship of husband and wife of Islamic law perspective and Law No. 23 of 2004 on Domestic Violence. Based on the analysis can be disipmulkan that form of sexual deviation husband to wife like: (1) sexual sadism which is one form of variation in relationship of husband and wife. The behavior of sexual sadism involves giving a stimulus to her partner in a sadistic way. This behavior is usually accompanied by the act of tying his partner, close his partner’s eyes, and silenced his partner’s mouth. (2) Fucking at the wife’s rectum because it can be likened to liwath (homo sex), because the rectum is a dangerous and dirty place. Analysis of Islamic law against sexual deviation (sexual sadism) also contains elements of persecution and danger. Which element of persecution and danger is prohibited by Islam. Because it can harm yourself and others, and not in accordance with the goals of Islam that brings grace to the universe that requires all human beings to live in a state of serenity and at the same time eliminate the danger to mankind. While in some verses, the Qur’an has hinted that Allah Almighty. Do not like people who like to do damage and persecution (kemafsadatan). Sexual lapses of husbands against wives according to Article 8 Letter A of Law no. 23 of 2004 includes violent acts defined as any act of coercion of sexual intercourse, coercion of sexual intercourse in an unnatural way and or disliked by a wife.

TINJAUAN YURIDIS TERHADAP PERKARA PERMOHONAN PEMBATALAN PERKAWINAN DI PENGADILAN AGAMA (STUDI KASUS PUTUSAN PENGADILAN AGAMA LEBONG NOMOR: 0059/PDT.G/2015/PA.LBG.) Sudarmadi Sudarmadi
Qiyas : Jurnal Hukum Islam dan Peradilan Vol 2, No 2 (2017): OKTOBER
Publisher : IAIN Bengkulu

Marriage in Indonesia is regulated in Law no. 1 of 1974 concerning marriage, and Government Regulation of the Republic of Indonesia No. 9 of 1975 on the Implementation of Act No.1 of 1974. then for the people of Islam also apply Presidential Instruction No.1 Year 1991 on Compilation of Islamic Law as a complement of the Law No. 1 Year 1974. In the case of the position of this research object, that the applicant as a woman (wife) feels never divorced with her husband. However, her husband believes that she has divorced her, so the husband marries another woman. So the wife declared the marriage illegitimate, because it violates the provisions, namely when the husband is married to the second wife, the husband did not ask permission to the first wife, in addition to no permission of polygamy from the Religious Courts. So the first wife applied for a cancellation of marriage to the Religious Court in order for the second marriage to be canceled. The type of research used is qualitative research, which referred to qualitative research is a research procedure that produces descriptive data in the form of words or verbal from the people and behavior observed. Based on the formulation of the problem and research objectives, the approach method used is the juridical approach. Juridically this research may include research on legal principles, legal system, legal synchronization, legal history, and comparative law. Research location at Lebong Religious Court. The data used in this study consist of primary data and secondary data. The data obtained from both the literature and the interview will be analyzed by using qualitative analysis method, a research procedure that produces analytical descriptive data. The result of the research found that the judges of Lebong Religious Court on Marriage Cancellation with decision number 0059 / Pdt.G / 2015 / PA Lbg was rejected by the panel of judges so that the marriage of the Plaintiff’s husband with the Defendant was still legally valid and the Defendant still got his wife rights. In the contents of the decision filed a petition for the cancellation at the Lebong Religious Court, which was then registered in the case Number 0059 / Pdt.G / 2015 / PA.Lbg. which consists of three judges did not all agree with the decision. One judge argued differently from the majority of judges. Opinions differ from minority judges included in the content of the verdict called dissenting opinion.

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Editorial Address Jl. Raden Fatah Pagar Dewa Kecamatan Selebar kota Bengkulu Provinsi Bengkulu

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Contact Name
Irsal

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bengkuluirsal@gmail.com

Phone
+6285381305810

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Editorial Address
Jl. Raden Fatah Pagar Dewa Kecamatan Selebar kota Bengkulu Provinsi Bengkulu

Location
Kota bengkulu,

Bengkulu

INDONESIA