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Qiyas : Jurnal Hukum Islam dan Peradilan
Published by Universitas Islam Negeri Fatmawati Sukarno Bengkulu
ISSN : 25033794     EISSN : 2686536X     DOI : 10.29300/qys.v10i2
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Qiyas : Jurnal Hukum Islam dan Peradilan pernah mengalami kerusakan servers jurnal secara total (di hack), yang mengakibatkan semua artikel yang sudah dipublish mulai Vol.1 No.1 2019 s-d Edisi tahun 2023 hilang semua. Maka untuk menghindari kekosongan artikel tim pengelola melakukan upload ulang artikel tersebut secara quicksubmite. Qiyas : Jurnal Hukum Islam dan Peradilan di tahun 2022 telah merubah institusi/lembaga penerbit dari IAIN Bengkulu menjadi UIN Fatmawati Sukarno Bengkulu. Hal ini sesuai dengan Peraturan Presiden Republik Indonesia Nomor 41 Tahun 2021 tentang Perubahan status IAIN Bengkulu menjadi UIN Fatmawati Sukarno Bengkulu
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 11 Documents
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Search results for , issue "Vol 2, No 2 (2017): OKTOBER" : 11 Documents clear
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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.662

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.658

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.663

Abstract

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. 
PEMIDANAAN TERHADAP PIHAK YANG MENGABAIKAN PUTUSAN PENGADILAN AGAMA Lidya Febriani
QIYAS: JURNAL HUKUM ISLAM DAN PERADILAN Vol 2, No 2 (2017): OKTOBER
Publisher : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.659

Abstract

The purpose of this research is to know the way of punishment against those who ignore the judgment of the religious court. This research uses the approach method used in legal research namely the normative juridical, that is a problem approach by examining and reviewing a legislation that is applicable and competent to is used as a basis for problem solving, so the steps in this study use  juridical logic. In this study the authors collected data  by in-depth  interview  method to 3 (three) judges  of Bengkulu Religious Court. While the method of data analysis using the framework of inductive thinking is the way of thinking by taking conclusions from the data that is special. The result of this research is that the punishment against those who ignore the decision of the Religious Court, namely: the first, through civil law that the plaintiff can file the execution of the decision of the Religious Court to the defendant. Consequently, if the execution can be exercised, the right of the defendant will be forced to be handed over to the plaintiff with the value of the decision. While the second way is by the act of punishment where the plaintiff can file a criminal complaint criminal article embezzlement. This can be done  when the defendant neglects to implement the breakup as set forth in Article 372 of the Criminal Code.
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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.664

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.655

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.660

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.665

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.656

Abstract

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 : UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/qys.v2i2.661

Abstract

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”.  

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