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ASA
Published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso
ISSN : 27229882     EISSN : 27229882     DOI : https://doi.org/10.58293/asa.v1i1
Core Subject :
ASA, Journal of Islamic Family Law Studies, is published by Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso as a medium for exchanging information and scientific work between lecturers, alumni, students, readers and observers of Family Law, Islamic Family Law, Civil Law , and Islamic Civil Law, as well as to distribute the results of field or laboratory research and literature studies. This journal is published twice a year, namely in February and August. The editor accepts manuscripts that have never been published in other media from lecturers, researchers, students and practitioners with the writing requirements as stated on the back page (instructions for authors). Submitted manuscripts will be evaluated and edited for uniformity in format, terms and other procedures.
Arjuna Subject : -
Articles 65 Documents
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KEDUDUKAN KORBAN PENYERANGAN PERKELAHIAN MASSAL MENURUT PASAL 358 KUHP Abd. Manab; Taufik; Achmad Toifur
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.42

Abstract

Crime is part of human problems in everyday life. Therefore, it is necessary to provide limits on what is meant by the crime itself, only then can other elements related to the crime be discussed, for example who did it, the causes and so on. Juvenile delinquency is a symptom of delinquency in the form of fights between masses or between groups and between schools that have occurred in recent years.The purpose of writing this journal is to find out how the position of victims of mass brawl assaults according to Article 358 of the Criminal Code and to find out what factors cause mass fights to occur and preventive actions that can be taken to anticipate this.Victims Involved in Mass Fights Become Criminal Actors According to Article 358 of the Criminal Code, this article in the case of a fight or attack carried out by several people (more than 2), where there is a result of people being seriously injured or dead, but it can be known who from the crowd that had seriously injured or killed the person. If the fight does not result in serious injury or death, the person cannot be subject to this article. If in a fight or attack it can be proven (known) who the people are besides being prosecuted according to this article, provisions regarding the persecution or murder that he committed and the people are forced to take part in the fight or attack to separate or protect Weak groups cannot be said to "participate in fights or attacks" and are not subject to this article.
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) Abd Manab; Taufikur Rahman
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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 Abd Manab; Ayudya Rizki Rachmawati
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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 Muhammad Holid; Abd. Manab; Alifatul Karimah
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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?
DAMPAK NIKAH PAKSA TERHADAP KEHARMONISAN KELUARGA Muhammad Holid; Ach. Ubaidillah al-Jazili; Alifatul Makrifah
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.46

Abstract

Marriage is not only an inner birth meeting of men and women, but in marriage also to obtain happiness, tranquility and peace of soul. Because basically all men want an everlasting marriage. This research aims to excavate the causes and impacts of those who perform forced marriage (marriage) under the age in Sana-Tengah village of Pasean Regency Pamekasan District. The method used in this research is qualitative as to compile information through interviews to a number of elements of society and through field observation. The area was chosen because of the many minor marriages. The results of this study showed that the factors that led to the people of Sana-Tengah village were forced to marry underage, because of the factors of parents, economics, education, customs, and the environment. Forced marriage practices have negative impacts such as divorce, family conflicts and infidelity.
HAK DAN KEWAJIBAN SUAMI ISTRI DALAM AL-QUR’AN Taufik; Ubaidillah Al-Jazili; Fini Krisanti
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.47

Abstract

Discrimination against women from the beginning of the first millennium until entering the third millennium era is still happening, especially against wives in the household. The teaching of Islam brought by the Prophet Muhammad SAW in the 7th century has had a major impact on women for the elevation of their status and dignity, where before the arrival of Islam, the Arab Jahiliyah society treated women like animals. In the 20th century, precisely after the second world war, international attention began to be focused on acts of discrimination against women which were considered inhumane. Islam also pays great attention to the survival of women's lives, with marriage between men and women being prescribed. So that later women can be protected and guarded so that later a harmonious life is created. One way to build and maintain life as referred to in the first paragraph is to fulfill the rights and obligations between each member in the household. Household harmony is impossible to achieve without awareness and concern in carrying out obligations to realize the rights of their partners. If there is an imbalance where rights are emphasized or wider than obligations, or vice versa, it will undoubtedly create injustice. This type of research is Library Research which requires qualitative data and is processed descriptively - analytically with the content analysis method. The results showed that the obligations of husbands as well as the rights of wives according to the Qur'an are first, providing nafkah, nafkah must indeed be adjusted to the standards prevailing in a society, not minimal and not excessive in accordance with the husband's ability and nafkah should be given according to needs. Second, a proper place to live or home for the right of the wife, which is the responsibility of the husband. Third, a husband is obliged to treat and associate with his wife in a good way. Fourth, the husband is obliged to give dowry to his wife voluntarily accompanied by love and affection without expecting anything in return.
STUDI KOMPARATIF MENURUT HUKUM POSITIF DAN MASLAHAH TERHADAP PERNIKAHAN DINI Mulyadi; Dody Wahono; Farah Dila Hasanah
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.48

Abstract

Marriage is a very old worship. however, in domestic life there is bound to be conflict. So it can be said that it is impossible in one's household life not to encounter conflict. But that's where the reward field that must be passed by husband and wife. Domestic problems can arise from various directions. It can be from the person of each partner or from other family members. So sometimes as a result of conflict the household ship can be destroyed. Among them is early marriage. This research was written using a qualitative descriptive method, with a normative juridical approach where the author analyzed cases that had occurred in Indonesia related to early marriage. The results of the study stated that based on positive law, it is not permissible to marry at an early age. according to the maslahah perspective, early marriage should not be carried out because it causes harm. the limit of marriage age includes maslahah Al-hajiyât, namely the maslahah needed by humans whose position is to facilitate and eliminate difficulties
NGINEP CALON MANTU Amrotus Soviah; Muhammad Holid; Rinal Mahbubah
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.49

Abstract

g praduga buruk akan berdampak pada fitnah yang tidak-tidak ABSTRACT A procession to bind a relationship is actually not a problem, in fact this is encouraged, but what becomes a problem is a custom that requires a bridegroom to stay at the bride's house before carrying out the marriage contract, with the aim that between two families can establish a closer relationship, one example of such a custom, namely the 3-day Pulang custom in the Bondowoso area which requires the bride-to-be husband to stay at the bride's house for three days, then after three days the prospective bride and groom are delivered to her home again by the family of the woman as well as holding a proposal event. In this paper, there are at least two formulations of the problem, how is the procedure for prayer in the perspective of Islamic law and positive law ?, how is the law of "Pulang 3 days" perspective of Islamic law ?. The method used in writing this scientific paper uses a literature review where the author will read in full and widely on various primary sources to obtain appropriate data. Based on this formulation, it can be concluded that, the procedures for inviting women recommended by the Islamic perspective are as follows, preaching before performing a prayer or prayer, starting the khodbah with hamdalah or praise to Allah, fighting and saying greetings to the Prophet Muhammad Saw, praying to always be devoted to Allah, conveying the purpose of coming to ask, such as "the purpose of me coming to this place is to propose to your daughter". The prespetuary system of positive law is not explained because positive law respects and respects the applicable customary law, so that customary law works as a decisive custom, not a provision of the state. With this, we can draw a common thread that the 3-day Pulang custom that has been carried out by the Bondowoso tribe cannot be said to be true under Islamic law or just say that the law is haram, for many reasons to prohibit this, such as when the male candidate and the future woman are left alone in the room for 3 days, it is possible that the male shahwat will wake up at that time and will lead to adultery, Then if you don't do anything, the emergence of bad presumptions that arise from people with presumptions of not having done a marriage contract can already sleep together this needs to be avoided, because the ends of bad presumptions will have an impact on slander that is no-no.
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 Amrotus Soviah; Rofiki
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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 Dody Wahono Suryo Alam
ASA Vol 4 No 2 (2022): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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.

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