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ASA
Published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso
ISSN : -     EISSN : -     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
ASA Journal: Journal of Islamic Family Law Studies is a journal published by the Islamic Family Law Study Program (Ahwal Al-Syakhsiyyah) Abu Zairi Bondowoso Sharia College, this journal searches for articles related to Indonesian Islamic Family Law Problems, including: 1. Wedding 2. Early marriage 3. Wedding Traditions 4. Divorce Issues 5. Heritage Tradition 6. and others
Arjuna Subject : Ilmu Sosial - Hukum
Articles 55 Documents
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ANALISA YURIDIS TERHADAP EKSEKUSI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA YANG TELAH BERKEKUATAN HUKUM TETAP ATAS OBJEK SENGKETA YANG SAMA DENGAN PUTUSAN YANG BERBEDA: (Studi Kasus Perkara No. 145/Pdt.G/1998/PN. Smg&Perkara No. 14/Pdt.G/2005/PN. Smg) Manab, Abd; Rahman, Taufikur
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i2.43

Abstract

Humans in social interactions in the life of society, nation and state, often cause conflict between one another. This conflict can sometimes be resolved peacefully, sometimes it also causes continuous tensions, causing disputes on both sides. Based on the description of the Juridical Review of the Execution of Decisions of the Supreme Court of the Republic of Indonesia which have permanent legal force on the same object of dispute with different decisions (Case Study of Decision on Case No. 145/ Pdt.G/1998/ PN. SMG and Decision on Case No. 14 / Pdt.G/ 2005/ PN. SMG), it can be concluded as follows: That the implementation of the decision or execution of 2 (two) decisions of the Supreme Court of the Republic of Indonesia which have permanent legal force on the object of the same dispute is in accordance with the laws and regulations. The applicable invitation is the provisions of the Civil Procedure Code (HIR), that the right solution to ensure legal certainty for justice seekers through the Judiciary is to request a judicial review.
UPAYA PERLINDUNGAN HUKUM BAGI PIHAK YANG MENGUASAI OBJEK EKSEKUSI AKIBAT ADANYA PUTUSAN EKSEKUSI Manab, Abd; Rizki Rachmawati, Ayudya
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i2.44

Abstract

This development in reality ignores the rights of weak communities as has happened in many areas regarding the execution of land that occurred in Meruya, one example, which causes tensions between the community and the government, as a result the tension continues in the case process to the District Court which has not been resolved. Another example is the case of land executions that occurred in the Medan Province Region which continued to the Medan District Court by the plaintiff who was continued to the High Court and finally to the Supreme Court because of the appeal and cassation carried out by the defendant. In order to fulfill debt obligations fairly, it must pay attention to the legal protection obligations for creditors holding mortgage rights. The legal protection provided by Article 56A paragraph (1) of the UUK is stated as stated, namely: "With regard to the provisions of Article 56A, every creditor who holds mortgage rights, liens, or collateral rights on other objects, can exercise his rights as if In addition, according to Article 21 of Law Number 4 of 1996 concerning Mortgage on Land and Objects Related to Land (UUHT), it states: "If the mortgage provider is declared bankrupt, the mortgage holder will continue to perform all the rights obtained according to the provisions of this law".
LEGALITAS SURAT KUASA ISTIMEWA DALAM PENGUCAPAN IKRAR TALAK DI PENGADILAN AGAMA DI INDONESIA Holid, Muhammad; Manab, Abd.; Karimah, Alifatul
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i2.45

Abstract

Proceedings in the Religious Courts can be carried out directly or indirectly. Directly, it means that the litigants come to the court themselves to take care of their interests until they are finished. If the proceedings are indirect, then the litigating party can represent the case to the recipient of the power of attorney. The method taken is to make a special power of attorney in which the power of attorney authorizes the recipient of the power of attorney to take legal action regarding the case faced by the power of attorney. A special power of attorney can be in the form of an authentic deed or a private deed. The power of attorney can take various legal actions to represent the interests of the attorney in the case at hand in accordance with the special power of attorney that has been made. Special Power of Attorney is a power of attorney made to carry out certain very important legal actions which can only be carried out by the power of attorney himself and may not be authorized to another person even though using a special power of attorney. Based on Article 123 of HIR that a special power of attorney can only be given in the form of a valid letter. R. Soesilo interpreted it in the form of an authentic deed (notary deed). In addition, for those who think that a special power of attorney must be in the form of an authentic deed, in practice there are still differences of opinion as to whether it must be made before a notary or can be made before another official. As the example of practice in the Religious Courts that I described above, there are those who argue that a special power of attorney that will be used to carry out legal actions before a trial can be made enough before the clerk of the Court. Based on the explanation above, the writer is interested in formulating the problem as follows: How is the legality of a special power of attorney in pronouncing the divorce pledge? and How is the legality of the legalization and waarmeking of a power of attorney under the hand in pronouncing the divorce pledge?
IMPLEMENTASI PEMBATASAN USIA NIKAH PASAL 07 UU NO 16 TAHUN 2019 SEBAGAI UPAYA PEMERINTAH DALAM MEMINIMALISIR PERNIKAHAN DINI: Studi Kasus di Kantor Urusan Agama Kecamatan Tlogosari Kabupaten Bondowoso Soviah, Amrotus; Rofiki
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i2.52

Abstract

The practice of underage marriage has become a culture among the community. This is a problem that never ends. One of the Government's efforts to minimize the practice of underage marriage is to implement ARTICLE 07 of Law No. 16/2019 concerning restrictions on the age of marriage. This study focuses on the application of marriage age restrictions Article 7 of Law Number 16 of 2019 on early marriage and analyzes and describes the supporters and obstacles to the application of marriage age restrictions in early marriage at the Tlogosari District Religious Affairs Office. This research used a qualitative descriptive method and took place at the Religious Affairs Office, Tlogosari District, Bondowoso Regency. The research informants were the Head of the KUA, the Village Head, and the community involved in the implementation of marriage age restrictions. The results of this study indicate that the implementation carried out is guidance in the form of socialization to the community in villages and at the KUA. The success of the implementation is assessed by the rate of decline in underage marriage practices in 2020 and 2021. The social and cultural conditions of the community are one of the obstacles to the implementation of restrictions on the age of marriage because this context has a major influence on the mindset and lifestyle of the community which is difficult to change directly. So that until now there is still the practice of underage marriage Translated with www.DeepL.com/Translator (free version)
REALITA PENYIMPANGAN TUNANGAN DI MASYARAKAT DITINJAU DARI PERAN ORANG TUA, KUHP DAN UU PERKAWINAN Wahono Suryo Alam, Dody
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v4i2.53

Abstract

According to Rahmat Hakim (2000: 47-51), fiancé can be said to be a proposal or khitbah which means a request, which according to custom is a form of statement from one party to another with the intention of entering into a marriage bond. The status of fiancées according to Islamic law is not yet legal husband and wife, therefore it is not allowed to live in the same house let alone have a relationship as husband and wife who are bound in a legal marriage according to Islam and according to state law.This study aims to discuss as well as provide solutions to the reality that occurs in the community related to the actions of the fiancées as if they are considered to have officially become a legal husband and wife, in fact they are still fiancées. In fact, not a few often live in the same house or at least often have relations like husband and wife, resulting in pregnancy before marriage.The definition of marriage according to the essence of Islamic law contained in Marriage Law No. 1 of 1974 is the inner and outer bond of a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on God Almighty. Therefore, in addition to the author wants to provide a solution to the reality of the abuse of this fiancé, the author also hopes that this paper can at least provide effective enlightenment / understanding to the community, especially for the perpetrators of the fiancé in order to distinguish between the understanding of the fiancé.
KONSEP PERJODOHAN PERSPEKTIF PENGASUH PESANTREN SAYYID MUHAMMAD ALWI AL MALIKI DAN IMPLIKASINYA TERHADAP PEMBENTUKAN KELUARGA SAKINAH Juhariyanto, Muhammad
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.64

Abstract

Matchmaking is often a conversation among teenagers at this time, which basically is an effort from the guardian to his child in determining a partner or a marriage that is not based on the independent efforts of the bride and groom to get married. This research is an Empirical Qualitative research that goes directly to the field to get data directly from the object of research (field research). By using descriptive-analytical method, strengthened by data documentation (secondary data) in the form of books, journals, previous research and yellow book literature, Al Quran, and Hadith. The subjects of this research are the caregiver of the pesantren and several alumni of Sayyid Muhammad Alwi Al maliki Islamic Boarding School and their alumni who were married based on matchmaking considerations made by the kiai and also several students who have been matched by the kiai based on his considerations.
PENENTUAN AWAL DAN AKHIR BULAN RAMADAN DENGAN METODE HISAB “URF KHOMASI” DI PESANTREN MAHFILUDDUROR JEMBER Hanip, Abdul
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.65

Abstract

Determination of the beginning of the Kamariah month is one of several branches of astrology that often causes problems. This is due to the use of different methods of determining the beginning of the month. Nowadays, there are many contemporary hisab theories that are more up to date with astronomy. However, in practice there are still many groups that use hisab 'urfi as the basis for determining the beginning of the Kamariah month, especially for determining the beginning of Ramadan and Shawwal. Hisab 'urfi is a calculation method based on the average circulation of the Moon around the Earth, with inaccurate calculation results because it does not pay attention to other astronomical factors. One of the groups that still use the 'urfi hyssab is the Khomasi 'urfi hyssab user at the Mahfilud Duror Islamic Boarding School, Suger Kidul Village, Jelbuk District, Jember Regency. Many contemporary hisab methods that have sprung up and unification efforts by the Government do not make Khomasi 'urfi hisab users budge. They still persist with what they believe so far.
PERNIKAHAN MELANGGAR MASA IDDAH DALAM HUKUM POSITIF DAN SYRIAT ISLAM Susanti, Ika
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.66

Abstract

According to Islamic law, marriage is a contract stipulated by Shara' to allow pleasure between men and women and legalize the pleasure of women with men. Marriage, which in religious terms is called "Nikah", is to make a contract or agreement to bind themselves between a man and a woman to legalize sex between the two parties to create a family life filled with love and tranquility in a way that is approved by Allah SWT. This research is a type of field research. The use of field qualitative types is because "research must go to the field, engaging with the community means participating in feeling what they feel as well as getting a more comprehensive picture of the place situation". In Islam, women who are carrying out the iddah period are prohibited from getting married. Because the fuqaha agree that it is forbidden to propose to a woman during the iddah period. Meanwhile, the iddah period has come into effect since a husband has pronounced a divorce and must be followed by three menstrual periods. The purpose of the iddah period is to carry out the commands of Allah SWT. If the woman has committed a prohibition during the iddah period, by marrying before the iddah period is over, the marriage is considered void according to Article 71 of the Compilation of Islamic Law and Article 22 of the Marriage Law Number 1 of 1974 and an application for annulment of marriage can be submitted according to Article 73 of the Compilation of Islamic Law. If you want to continue your marriage, you must do a new contract that is in accordance with the objectives, pillars and conditions of marriage. Both have had intercourse and have been running for a long time. If one of the two of them is aware of the law in the iddah period, then the hadith applies to an adulterer, namely stoning and binding.
PANDANGAN ASGHAR ALI ENGINEER TERHADAP PEMBERIAN NAFKAH BAGI MANTAN ISTERI Habibi, Erfan; Holid, Muhammad
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.67

Abstract

When there is a divorce between husband and wife, it creates obligations that must be obeyed by a husband and wife, and these obligations include a former husband who is obliged to provide a gift that must be given to the former wife who has been divorced, the gift is in accordance with the economic conditions of the former husband (according to his ability), The provision of nafkah is as a comfort during the 'iddah period, in Islamic Law the provision of nafkah is only during the 'iddah period, this is different from Asghar's opinion, according to him the provision of nafkah for divorced ex-wives, not only during the 'iddah period, but until remarriage or death. To answer these problems, the authors use theories based on the Qur'an, hadith, to see the verses relating to the provision of maintenance for ex-wives, then use maslahah and gender equality, to see the benefits and for the benefit of providing maintenance for the ex-wife. The criteria for women who are entitled to ongoing maintenance from their ex-husbands are for women who are unable to maintain themselves (poor), because they are very old, have no family or relatives, because it is far from a sense of justice if a woman who has been divorced returns to her parents or to her relatives. Asghar thinks that there are two key words in Surah al-Baqarah (2): 241, which relate to the provision of maintenance for ex-wives: Mata'ah and Ma'ru>f, the Qur'an says that they must not only be released in a good way (Ma'ru>f) but provisions (Mata'ah) are also provided in a good way as well, Asghar Ali Engineer's thinking has relevance to Law No. IX. I year 1974 article 41c This of course also has implications for KHI which only provides maintenance for ex-wives only until the 'iddah period, and the provision of maintenance for divorced ex-wives can be given but by looking at these criteria and also looking at whether the divorce is in accordance with shara', what is the economic status of the ex-wife and also the ex-husband, and also whether there are dependent children on him, and also whether there are children dependent on him.
MEKANISME PENETAPAN SAHAM SYARIAH DALAM KETEGORI INDEKS SAHAM SYARIAH INDONESIA (ISSI) PADA BURSA EFEK INDONESIA (BEI) SURABAYA Khoirin Andi, Ahmad
ASA Vol 5 No 1 (2023): FEBRUARI
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v5i1.68

Abstract

Determination of sharia shares conducted by the Indonesia Stock Exchange is carried out 2 (two) times a year, namely in June and December with due regard to the issuer's operations. In determining sharia shares, the Indonesia Stock Exchange first submits a list of names of issuers that will be submitted at a joint determination meeting with the Financial Services Authority (OJK) and also the National Sharia Board - Indonesian Ulema Council (DSN-MUI). The determination of sharia shares refers to regulations and fatwas that have been issued by these institutions. Issuers who do not meet the criteria for sharia shares will be issued in the List of Sharia Securities (DES), while issuers that qualify as sharia shares will be included in DES. (2) Factors that affect shares can be categorized as sharia shares are issuers whose operations do not engage in production, service and income activities that are prohibited by Islam, namely usury, maysir, gharar, gambling, and products produced which are forbidden by religion. As well as the articles of association of a listed company remain in sharia principles.

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