cover
Contact Name
Udin Latif
Contact Email
udin.latifumlati@gmail.com
Phone
+6281313888044
Journal Mail Official
udin.latifumlati@gmail.com
Editorial Address
Jalan Sorong - Klamono Km. 17 Klablim, Sorong - Papua Barat Gedung Fakultas Syariah dan Dakwah
Location
Kota sorong,
Papua barat
INDONESIA
Muadalah : Jurnal Hukum
ISSN : -     EISSN : 28090047     DOI : https://doi.org/10.47945/muadalah.v2i1
Jurnal Ilmiah Muadalah berfokus pada Hukum Islam, Hukum Keluarga, Muamalah (Hukum Ekonomi Islam), dan Hukum dan masyarakat dengan berbagai pendekatan normatif, filsafat, sejarah, sosiologi, antropologi, teologi, psikologi, ekonomi dan dimaksudkan untuk mengkomunikasikan penelitian asli dan isu terkini tentang subjek
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum" : 6 Documents clear
PERTIMBANGAN HAKIM DALAM PENOLAKAN DISPENSASI KAWIN PERSPEKTIF TEORI SISTEM HUKUM DI PENGADILAN AGAMA Kurniawati, Aisyah Hafidah
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1590

Abstract

Child marriage could be a marriage conducted by children or teenagers, and its usage must get authorization from the Devout Court Judge. The dismissal of marriage allotments is an vital issue within the legal framework in Indonesia, especially within the Devout Courts, which regularly confront a problem between person interface and legitimate security for children. This inquire about points to analyze the judges' contemplations in dismissing marriage allotments through the viewpoint of lawful framework hypothesis. Employing a subjective approach with a case consider strategy, this inquire about looks at how components of the legitimate system-structure, substance, and legitimate culture-play a part in judges' decision-making at the Devout Court. The discoveries show that the dismissal of marriage agreements is frequently based on the security of children's rights and adherence to the legitimate limits set forward in Law Number 16 of 2019 concerning Revisions to Law Number 1 of 1974 on Marriage. In expansion, socio-cultural components and devout understanding moreover impact judges' viewpoints in keeping up a adjust between national legitimate standards and Islamic values. The dismissal moreover reflects the legitimate responsiveness to the requests for child assurance and the avoidance of the negative impacts of early marriage. In this way, the lawful framework hypothesis gives a significant conceptual system for understanding the complexities of judges' contemplations within the Devout Courts with respect to marriage allotments. Keyword: Marriage allotment, judge's thought, Devout Court, legitimate framework theory, child security.
PENGARUH PENERAPAN ONE DAY MINUTATION TERHADAP KINERJA PANITERA PENGGANTI DI PENGADILAN AGAMA SORONG Jariyah, Ainun
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1591

Abstract

This research aims to analyze the impact of implementing one day minutes on the performance of substitute clerks at the Sorong Religious Court. This system requires the completion of the case file minute process within one working day, with the hope of increasing the efficiency and effectiveness of judicial services. The research method used is descriptive qualitative with data collection through interviews and documentation. The research results show that the implementation of one day minutation significantly increases the work efficiency of Substitute Registrars, increases discipline, and reduces the backlog of case files. This has a positive impact on improving the quality of service to the parties and legal certainty. However, on the other hand, this research also identifies several challenges faced by Substitute Registrars in implementing this system. Such as increasing workload and lack of human resources. This research provides an important contribution to judicial policy makers, especially related to optimizing clerkship performance.
ANALISIS HUKUM PUTUSAN PENGADILAN DALAM PENETAPAN PERWALIAN ANAK DI BAWAH UMUR DI PENGADILAN NEGERI Nisa , Azzahra Latifatun
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1664

Abstract

Guardianship Application Case Number 70/Pdt.G/2023/PN Son submitted to the District Court, in its ruling granted the applicant's request, namely by establishing the Applicant as guardian for his biological child. Meanwhile, Article 47 of Law Number 16 of 2019 concerning Marriage explains that, “Children who have not reached the age of 18 (eighteen) years or have never entered into marriage are under the authority of their parents as long as they are not deprived of their authority”. The granting of guardianship rights to a person is given through a trial in which the Court has the authority to grant it. The right of guardianship is exercised and given to someone to represent the child in carrying out legal acts and the interests of the child and includes the right of admission, property, and management of goods. Guardianship of children is regulated in the Civil Code, Law, and also KHI. The guardian is appointed by the Court to carry out his obligations properly in caring for minors and is responsible for the property of children under guardianship, as well as losses arising from his mistakes or negligence. Guardianship is granted if the parents of the child have passed away, so that the child gets the inheritance from his parents. The Panel of Judges considered the decision of the petition with the aim of the interests of the minor. With the legal basis used by the Panel of Judges in deciding this case including Marriage Law Article 50 No.1/1974, Article 51 paragraph (2) of Law No.1/1974, from this research the granting of applications for guardianship of minors so that children who have been left by their parents can remain protected, both in terms of growth and development and protection of property after the death of their parents.
PERAN PANITERA PENGGANTI DALAM MENGOPTIMALKAN JALANNYA PERSIDANGAN DI PENGADILAN AGAMA SORONG Kitaby Ansar, Magfirah Ummul; Umrah, St.
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1666

Abstract

This research aims to analyze the role of substitute clerks in optimizing the course of trials at the Sorong Religious Court. The method used in this research is qualitative. The results of his research show that substitute clerks have a very important role in ensuring the efficiency and effectiveness of trials. The tasks carried out during the trial process greatly contribute to the smooth running of the trial process. This research concludes that optimizing the performance of substitute clerks can be one of the keys to improving the quality of judicial services at the Sorong Religious Court.
PERAN KEPOLISIAN DALAM MENCEGAH DAN MENANGGULANGI KEKERASAN SEKSUAL TERHADAP ANAK DI KOTA SORONG : Studi Kasus Polresta Sorong Kota Rahmi, Aulia
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1692

Abstract

This article discusses the role of the police in preventing and dealing with cases of sexual violence against children in Sorong City. The rampant violence that occurs in Sorong City, one of which is sexual violence against children, this is proven from data that the author took directly at the PPA Unit of the Sorong City Police Criminal Investigation Unit. In efforts to prevent and deal with cases of sexual violence, the police use two approaches, namely preventive and repressive approaches. Apart from that, this research also explains the factors that cause sexual violence against children and what obstacles the police have in preventing and dealing with cases of sexual violence, as well as the impact of sexual violence against minors.
BATASAN PENGGUNAAN HAK PILIH BAGI APARATUR SIPIL NEGARA DALAM PEMILU DAN PEMILIHAN TAHUN 2024 Rahmawati, Tri; Latif, Udin
Muadalah : Jurnal Hukum Vol. 4 No. 2 (2024): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v4i2.1700

Abstract

This article discusses the use of voting rights for State Civil Apparatus Employees in Elections and Elections. The 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights have guaranteed the political right of citizens to vote and be elected, which is essentially the right of every citizen. The findings from the results of this study show that Law Number 20 of 2023 concerning the State Civil Apparatus, in which an action plan has been designed by building clean, effective, democratic, and reliable governance. To make it happen, ASN is needed as the main bureaucratic engine that is professional, neutral and free from political intervention, corruption and practices, collusion, nepotism, and carries out its role as the glue of national unity and unity based on Pancasila and the 1945 Constitution of the Republic of Indonesia.

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