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INDONESIA
Jurnal Hukum Keluarga
Published by PT. Ratu Bilqis Azzahira
ISSN : -     EISSN : 30891167     DOI : -
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
About the Journal Journal title : Jurnal Hukum Keluarga Editor-in-chief : Dr. Muhamad Hasan Sebyar, MH Online ISSN : 3089-1167 Frequency : 2 issues per year (January-June and July-December) Url : https://journal-rabiza.com/index.php/JHK/about E-mail : admin@journal-rabiza.com Language : Indonesian; English Licensing : Creative Commons Attribution-ShareAlike 4.0 International License Manag. Style : Open Access Journal Publishing System : Open Journal System (OJS 3.4) Publisher : PT Ratu Bilqis Azzahira Citation Analysis : Google Scholar Jurnal Hukum Keluarga is a peer-reviewed journal published by PT. Ratu Bilqis Azzahira. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge, E-ISSN: 3086-1167. Jurnal Hukum Keluarga aims to provide a platform for academics, researchers, and practitioners to publish original research articles or review articles. The scope of the articles published in this journal includes various topics related to family law, including: legal aspects of marriage, family rights, analysis of prenuptial and postnuptial agreements, divorce and its impact on families, child custody arrangements, inheritance distribution according to family law, dynamics of family relationships, domestic violence and legal protections, as well as social changes and their impact on family structure. We are published twice in a year (January-Juny, July-Desember) in Indonesian and English. Therefore, the editors are pleased to announce the Call for Papers for the next issue to be published.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Legal Aspects of the Rights of Children from Siri Marriages Prasetia, Yoga; Muhamad Hasan Sebyar
Jurnal Hukum Keluarga Vol. 1 No. 01 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i01.1

Abstract

Marriage is a sacred agreement to form a family between a man and a woman, even if it is carried out in a siri or registered marriage. However, there are still many ordinary people who do not understand the risks of children's rights from unregistered marriages. The rights of children from unregistered marriages are often neglected, because unregistered marriages will make the rights of children from unregistered marriages also unregistered, because children resulting from unregistered marriages will be categorized as illegitimate children or can also be said to be illegitimate children, so The position of children resulting from unregistered marriages is equated with children resulting from adultery, thus giving the legal consequence that there is no civil relationship between the biological father and children resulting from unregistered marriages. The aim of this research is to determine the legal aspects and rights of children resulting from unregistered marriages and to find out whether the rights of children resulting from unregistered marriages are the same as the rights of children resulting from legal marriages. This research uses the triangulation method. The types of data used are primary data and secondary data. The primary data used is a previous research journal written by Ari Rianti with the research title Sirri's Marriage and Its Implications for Harmony in the Household in Rejo Basuki Village, Seputih Raman District, Central Lampung Regency. previous research journal written by Maulidyah Permata Hani, et al with the title Siri Marriage in the Perspective of Islamic Law Between Religious Truth and Social Interests. Meanwhile, the secondary data is supported by a research journal written by Nur Rofiq, et al with the research title Siri Marriage and Its Influence on Child Custody Viewed from the Perspective of Religious Courts. The result of this research is that the biological father of the child carries out his obligations as stated in the Constitutional Court Decision Number 46/PUU-VIII/2010, namely fulfilling the right to earn a living, the right to inherit, and the right to receive marital guardianship if the child outside of marriage is a girl.
Legal Protection and Children's Rights based on the 1945 Constitution in the Dynamics of Government in Indonesia Rivaldi, Ahmad
Jurnal Hukum Keluarga Vol. 1 No. 01 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i01.2

Abstract

This research examines the legal protection of children's rights in Indonesia with a focus on the implementation of the 1945 Constitution. The main problems include weak law enforcement institutions, lack of resources, and political intervention. The aim of the research is to identify challenges in protecting children's rights and evaluate the effectiveness of the legal framework as well as provide recommendations for strengthening the protection of children's rights through legal reform, increasing institutional capacity, and protecting witnesses and victims. The method used is normative legal research with a statutory and conceptual approach, involving analysis of legal norms, literature studies, and interviews with child rights experts. The research results show a discrepancy between written law and practice in the field, influenced by weak law enforcement institutions, lack of resources, and political intervention. This research emphasizes the need to strengthen institutions, increase resources, education and training, as well as protect witnesses and victims with the support of strong political commitment to ensure the effectiveness of the law.
Domestic Violence (KDRT) in the Perspective of Islamic Criminal Law Zulfahmi, Zulfahmi
Jurnal Hukum Keluarga Vol. 1 No. 01 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i01.4

Abstract

Domestic violence is not only experienced by women. However, based on everyday facts, women tend to be more vulnerable and often become victims of violence in their families. Therefore, Islam strictly prohibits and provides strict sanctions against perpetrators of domestic violence. The purpose of this writing is to examine domestic violence (KDRT) according to Islamic criminal law and to correlate it with Indonesian positive law. The method in this research is library research, collecting data sourced from the Al-Qur'an, Hadith, scriptures, books, journals and other library materials that discuss domestic violence. The results of this research show that in Islamic criminal law, acts of domestic violence (KDRT) are considered a form of crime and acts that are prohibited by the Shari'a because they can cause harm and endanger the safety of wives and children. This action falls into the category of jarimah . From a legal perspective, perpetrators of criminal acts of physical violence against women and children can be subject to prison sentences and fines. According to a criminal law perspective Islam regarding domestic violence, in substance the legal action domestic violence crime, especially physical violence against wives in the PKDRT Law is part from the action of jarimah , namely no punishment for other than life. Related with a prison sentence PKDRT Law according to criminal law Islam, so this criminal act is classified as ta'zir.
Adopted Children and Their Relationship with Legacy : Perspectives of Ulama and KHI sebyar, Muhamad Hasan
Jurnal Hukum Keluarga Vol. 1 No. 01 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i01.5

Abstract

Raising children in Islam is mandatory, the right to care for children has a degree based on the benefit of the child. Starting from the mother and the immediate family of the mother, then the father's family according to the order of inheritance rights or the person given the mandate to maintain it. Today many children are cared for by non-biological parents, the problem is that most of them adopt equate children with biological children in terms of lineage, inheritance, mahram, and guardianship. This paper examines adopted children and their relationship with inheritance in Islamic law. The study employs an empirical juridist approach. The result of this research is that adopted children do not inherit assets from their adoptive parents, and vice versa. Adopted children can get the inheritance of their adoptive parents from the will or grant, and vice versa. The maximum amount of wills is 1/3 of the assets left if the deceased has an heir. If the deceased does not have an heir, it can be completely inherited.
Juridical Analysis of the Impact of Economic Contribution and Infidelity on the Division of Marital Assets in Divorce Proceedings Wulandari, Martina Ayu
Jurnal Hukum Keluarga Vol. 1 No. 01 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i01.6

Abstract

Chapters 96 and 97 of the Compilation of Islamic Law (KHI) state that widows and widowers, whether due to death or divorce, are entitled to half of the marital property, unless otherwise specified in a marriage agreement. This textual interpretation is often applied rigidly, resulting in potential injustices. This study aims to identify and analyze the effect of family contributions and commitments on the distribution of marital property. Employing a legal approach, this research analyzes judges' considerations in making legal decisions. The findings indicate that family contributions significantly influence judicial decisions on the division of marital assets. For instance, in case number 298/Pdt.G/2022/PA.Kdl, differing contributions from the husband and wife led the judge to deviate from the standard 50:50 division of property. Judges performed contra legem (deviations from the law) by using legal discovery efforts (rechtvinding) with a maslahah approach and considering the legis ratio to ensure justice and fairness. Conversely, in case number 53/Pdt.G/2022/PA.Gtlo, a party's violation of family commitments was not factored into the judge's decision to reduce their share of the marital property. Traditionally, infidelity could affect the division of joint property. It is suggested that judges consider traditional laws to potentially reduce the share of those violating family commitments, ensuring more equitable outcomes
Mangalehen Tuor in the Perspective of Hadith Sahril, Ahmad
Jurnal Hukum Keluarga Vol. 1 No. 02 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i02.10

Abstract

Tuor is a term that comes from the Mandailing language which is also called honesty, namely marriage dowry among the Mandailing and Angkola people, where a man is obliged to give tuor to the prospective woman he will marry. However, for some people, young men who are about to marry can be an obstacle to marriage because they are unable to fulfill the requests of the woman's family due to the man's low economic condition. In the Mandailing tradition, the high and low levels of tuor are seen in terms of a woman's status, namely her education, heredity and so on. The aim of this research is to find out the implementation of tuor giving and to find out the community's views on the tradition of giving tuor and also to find out the value of the hadith contained in the tuor tradition in Mandailing customs. This type of field research is descriptive qualitative in nature, while data collection techniques are carried out by means of observation, interviews and documentation. This research can be concluded: first, in terms of history, tuor has existed since the time of the Mandailing kings. Second, the implementation of tuor begins before the wedding day. Third, the basis for the Mandailing community in giving tuor, they rely on the hadiths about dowry. The negative impact of the tuor tradition in Mandailing customs is that it can cancel the marriage, the marriage is delayed, Walimatul 'ursy is only carried out by one party, elopement can be burdensome for a man to get married. Meanwhile, the positive aspect is to avoid divorce, the responsibility of parents towards their children, and so on.
Rights and Obligations of Husband and Wife (Theological Normative and Sociological Approach) Fauzi Rahmat Pamula; Sayehu
Jurnal Hukum Keluarga Vol. 1 No. 02 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i02.13

Abstract

Marriage in Islam regulates the rights and obligations of husband and wife, which are important for the creation of harmony in the household. However, the implementation of these rights and obligations is often influenced by various social, cultural and economic factors, which can have both positive and negative impacts on the husband-wife relationship. This study aims to analyze the rights and obligations of husband and wife from the perspective of the Qur'an and hadith, and identify the social factors that influence their implementation in society. The main research questions are how religious teachings on the rights and obligations of husband and wife are translated into social practices, and what social impacts arise from their application in daily life. This study uses the Library Research method with a qualitative approach, analyzing the texts of the Qur'an, hadith, tafsir, as well as related literature, by connecting the theories of sociology of religion and social justice. The findings of this study indicate that a balanced and fair application of rights and obligations can strengthen the husband-wife relationship and create family harmony. However, an imbalance in the fulfillment of rights and obligations can lead to conflict, inequality and even domestic violence, affecting the overall quality of family life. Thus, this study emphasizes the importance of understanding the social and cultural context in the application of religious teachings to achieve a harmonious and just household.
Hadiths on Thalaq and Iddah with Psychological and Theological Normative Approaches Samsuri; Sayehu
Jurnal Hukum Keluarga Vol. 1 No. 02 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i02.14

Abstract

Divorce (talaq) and the iddah period are two very important concepts in Islamic law, with both having a profound impact both theologically and psychologically. The Hadiths governing talaq teach that while divorce is permissible in Islam, it is a step that is hated by Allah and should only be done in very urgent situations, after various attempts to repair the relationship have failed. Likewise, the iddah period, which is obligatory for women who are divorced or whose husbands die, has many wisdoms, including providing an opportunity women to self-reflect and ensure their honor and pregnancy status. This paper aims to analyze the normative theological and psychological dimensions of thalaq and iddah. The normative theological approach discusses the Islamic legal basis for divorce and iddah, the wisdom behind their implementation, and the principles of justice and compassion contained in these teachings. Meanwhile, the psychological approach explores the emotional impact experienced by individuals, including husbands, wives, and children, in the face of divorce. The emotional recovery process required, as well as the importance of social and spiritual support during the iddah period, are also discussed in this article. As such, this article not only provides an understanding of the laws of thalaq and iddah in Islam, but also highlights the importance of emotional and psychological well-being for individuals involved in the divorce process and the iddah period.
Busthanul Arifin's Thoughts and Role in the Law on Religious Courts and the Compilation of Islamic Law in Indonesia Muhammad Fadhlan Is
Jurnal Hukum Keluarga Vol. 1 No. 02 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i02.15

Abstract

One of the successes in eliminating disputes regarding Islamic law in Indonesian society was the formulation of the Compilation of Islamic Law in the late 80s. Until now, KHI remains the main guide and reference, especially for Muslims throughout Indonesia. History records that success in efforts to formulate KHI has been overshadowed by competition between several Islamic legal schools of thought, especially at that time the majority of Indonesian Muslims adhered to the Shafi'iyah school of thought, but many offers emerged to absorb Customary law and BW. In this research the author will explain Prof. Bustanul Arifin's ideas and efforts regarding the importance of Islamic legal legislation during the formulation of the Compilation of Islamic Law in the New Order era. The results of the author's research: Busthanul Arifin is a sincere hard worker and a person who is consistent with his religion. He is also good at carrying himself. With his intelligence, Busthanul succeeded in occupying the position of Supreme Court Judge at the age of 38. And when the KHI was formulated he served as Junior Chair for Environmental Affairs for the Religious Courts of the Supreme Court. Researchers found that the strongest initial initiator of KHI was Busthanul Arifin. He was also the first to use the term Compilation, as legal politics, Bustanul Arifin as the person who created the PA Bill, in his struggle he often faced obstacles and obstacles, but because of his and his team's persistence in approaching academics and ulama, taking a formal political process, constitution, DPR-RI, Supreme Court and with the government in power at that time, the PA Bill was finally passed into law in 1989.
Perspective Analysis Mashlahah Mursalah towards Tradition Mamangkeh And Maasok Gombak in the Pre-Wedding Procession in West Sumatra Yandi, Akmal; Dahliana, Dina
Jurnal Hukum Keluarga Vol. 1 No. 02 (2024): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v1i02.16

Abstract

West Sumatra has various forms of different traditional traditions from various regions, from cities to remote areas, one of which is the Mamangkeh and Maasok Gombak traditions which are still a cultural phenomenon in society, these traditions have even become customary rules that will be given sanctions for people who violate them. The aim of this research is to analyze the view of Islamic Law from the perspective of Mashlahah Mursalah on the implementation of the mammangkeh and maasok Gombak traditions in West Sumatra. This study uses field research methods. The data source is primary data used consisting of interviews with traditional leaders, while secondary data comes from books and articles related to the research topic. This research results in the implementation of traditions mamangkeh and maasok Gombak after reviewing Mashlahah Mursalah, there are several maslahah contained in it, namely: firstly, the badoncek or fundraising event which can help with the bride and groom's wedding costs. Second, giving advice to prospective brides and grooms about getting married. Third, establishing a friendly relationship between a child and its bako parent.

Page 1 of 2 | Total Record : 15

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