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YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Published by Sekolah Tinggi Agama Islam Negeri Kudus
ISSN : 19077262     EISSN : 24775339     DOI : 10.21043/yudisia
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Artikel yang diterima dan diterbitkan dalam Jurnal YUDISIA harus masuk dalam lingkup keilmuan bidang hukum dan hukum Islam. Bidang hukum mencakup (tapi tidak terbatas pada bidang) : hukum materiil dan formil, tinjauan hukum dari aspek politik, sosial, ekonomi, antropologi, psikologi. Bidang hukum Islam mencakup (tapi tidak terbatas pada bidang) : fiqh, ushul fiqh, masail fiqhiyyah serta masalah fiqh kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 391 Documents
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Implementation of the Doelmatigheld Principle in Resolving Village Apparatus Selection Disputes in Klaten Regency Kholik, Nur; Abadi, Muhammad Husnu; Subardjo, Subardjo; Muhammadi, Fauzan
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 1 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i1.25226

Abstract

The screening selection mechanism for filling out village officials in Klaten District is regulated in Regent Regulation of Klaten District Number 30 of 2022 on Guidelines and Procedures for Appointing and Dismissing Village Apparatus. The said district regulation does not provide in detail the elucidation to be used as the solution. Seeing the various potential issues that may occur in the field, the legal basis for implementing the screening process in the form of Guidelines and Procedures for Appointment and Dismissal of Village Officials should regulate the methods and techniques for resolving disputes if they are to occur. This research aims to identify the implementation of the Doelmatigheld Principle in dispute resolution over examination results of village apparatus based on local wisdom in Klaten District. This is an empirical legal research with a normative juridical method. Additionally, the author also utilises a field study approach. The results of this research indicate that the principle of benefit is more relevant in decision making and local wisdom in Klaten District. This principle can also provide answers in dispute resolution over local wisdom-based village apparatus examination results in Klaten Regency that can be held accountable before the law.
Substitute Heirs in Article 185 Compilation of Islamic Law Maqashid Shariah Jaser Audah Perspective Ubaidillah, Ubaidillah; Nurohman, Dede; Anshor, Ahmad Muhtadi; Baihaqi, Wahid Ahtar; Kooria, Mahmood
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.26154

Abstract

AbstractArticle 185 KHI was established as a reaction to the unequal distribution of inheritance by giving grandchildren the right of replacement for children. In the context of Islamic law reform in Indonesia, the Compilation of Islamic Law (KHI) proposal has sparked endless debate between pros and cons. As far as the researcher observes, the debates expressed in various discussions and research have not been able to resolve this issue, including attempts to interpret Hazairin through theory of mawali. This research aims to describe and analyze maqasid sharia Jaser Audah perspective on the provisions of successor heirs and relevance maqasid sharia Jaser Audah against the benefits found in Article 185 KHI. This research uses a qualitative type that is oriented on purpose. The results of this study show that the view maqasid sharia Jaser Audah regarding the meaning of successor heir can be seen through the following six features: 1) cognitive character: positioning the results of Zayd's ijtihad as a product of ijtihad; 2) universal features: replacement of heirs applies to all parties with consideration of egalitarian principles, distributive justice and empowerment of heirs; 3) characteristics of openness: making internal factors (customary law, family structure) and external (comparative studies and equality) in the genealogy of Article 185 as tradition; 4) hierarchical structure features: the right of succession given to grandchildren philosophically contains benefits that are oriented towards maqsad (goal) which runs simultaneously; 5) include the element of justice as a philosophical value in mediating the hadith narrated by Bukhari and the results of Zayd's ijtihad; 6) the aim of the Islamic law system: granting grandchildren rights over children is an effort to realize them purpose justice, empowerment and protection of human rights.
Interconnection Systems as An Alternative Fulfillment of Women and Children Right Post Court Verdict Naim, Abdul Haris
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.29597

Abstract

After the divorce decision was made by the court, the problem of difficult execution regarding the fulfillment of women's and children's rights arose. This research discusses alternatives after the decision of the Religious Court in adjudicating divorce cases to ensure the fulfillment of women's rights after divorce. The method in this research was carried out using a type of literature. The data was collected through an inventory of related laws and regulations, and through books, journals and other secondary materials related to the research focus.  The results of this research offer an alternative interconnection system between institutions that is solution-oriented by utilizing and improving existing cooperation in the Religious Courts to optimize mut'ah (contract) and hadlanah (children fulfillment) payments from ex-husbands to ex-wives after divorce.  In this way, the implementation of religious court decisions regarding women's rights after divorce can be carried out effectively.
Analysis of Islamic Law on The Haijuran Traditions of The Padang Bolak Community in North Padang Lawas Regency Siregar, Ilham Ramadan; Idris, Idris; Amiruddin, Amiruddin; Akhyar, Akhyar
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24408

Abstract

The tradition of haijuran is a traditional practice and customary sanction applied when someone intends to undergo a divorce within the Padang Bolak community, particularly in North Padang Lawas Regency. This tradition has evolved into local wisdom aimed at minimizing divorce cases within the Padang Bolak community and continues to persist to this day. The research is conducted to understand the significance and role of the haijuran tradition, as well as analyzing the Islamic legal aspects related to this tradition. The research method used is field research with a qualitative phenomenological approach. The research findings indicate that the haijuran tradition still exists in the community, despite alternative approaches to handling divorce cases through religious courts. This can be attributed to the strong adherence to traditional values by the Padang Bolak community in the North Padang Lawas regency. The role of the haijuran tradition has proven to be quite effective in minimizing divorce rates in the community. Other contributing factors to this reduction in divorces include high family concerns, adherence to customary rules, intermarriage within the same ethnic and regional groups, and the imposition of haijuran fines. The Islamic legal analysis of the haijuran tradition can be divided into two aspects. Firstly, the designation of haijuran to husbands is categorized as a matter of muamalah (interpersonal), with its legal basis drawn from urf (custom), and its implementation considered mubah (permissible). The method employed in this analysis is istishlah (fiqh discussion) or maslahah mursalah (decision), with the rationale of expected benefits, such as minimizing unilateral divorces and providing compensation to divorced women. On the other hand, the designation of haijuran to women seeking divorce from their husbands has a different legal status, in accordance with Islamic law, known as khulu’ (divorce).
Non-Litigation Dispute Resolution Mechanism in Civil Law (Case Study at ANQ Law Firm Kudus Office) Abdullah, Junaidi; -, Shobirin
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.29238

Abstract

This research focuses on the mechanism of non-litigation dispute resolution in civil law, with a case study at the ANQ Law Firm Kudus Office. A common problem raised is the lack of understanding and application of non-litigation dispute resolution methods, such as mediation, negotiation, and arbitration, which can avoid lengthy and costly court proceedings. The purpose of this study is to analyze the effectiveness of non-litigation dispute resolution mechanisms and the obstacles faced in their implementation. The research method used in this research uses field research with a qualitative approach. How to collect data by observation, documentation and interviews. Meanwhile, data analysis is carried out through data reduction, then displaying data and then verifying the data. The results of the research show that the resolution of non-litigation disputes in civil law at the ANQ law firm office is through visits to the homes of problematic members to deliberate and provide legal education to arouse the awareness of problematic members so that peace is created. This article asserts that while non-litigation mechanisms are effective in most cases, it is important to increase legal awareness and understanding among the public in order to maximize the potential of these methods in civil dispute resolution.
Resolution of Nusyuz Conflict on Household in Hadith Ahkam Perspective Jannah, Miftahul; Husti, Ilyas; -, Rahma
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24885

Abstract

Marriage aims to create a peaceful and serene household. In domestic life, there are rights and obligations between husband and wife that must be mutually fulfilled so that the goals of marriage can be achieved. However, if one party violates their rights and obligations, that is called nusyuz. Nusyuz is essentially divided into two, nusyuz husband and nusyuz wife. The method used in this research is a qualitative method based on library research. Data collection techniques use references from various books, journals and articles. Meanwhile, the data analysis technique in this research uses data presentation and drawing conclusions. The results of the research explain that the solution to a nusyuz conflict is if the wife commits nusyuz, then the husband's actions take several stages, namely advising the wife, separating the bed, and hitting the wife with a blow that does not hurt. If it is the husband who carries out the nusyuz, then the action taken by the wife is to advise the husband, ask for ishlah (peace), and the final step is to make a complaint to the judge.
Polemic of Halal Industry Trends in Idonesia: Between Legalization and Profanation in The Perspective of Maslahah Mursalah Munawiroh, Afifatul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.23725

Abstract

This paper is based on library research or literature studies. The theme taken in this study is the Halal Industry in Indonesia. This research focuses on digging in depth regarding the ongoing polemic regarding the halal industry after the legalization of halal product guarantees contained Peraturan Pemerintah No. 39 Tahun 2021 Tentang Penyelenggaraan Bidang Jaminan Produk Halal. Even though it has been ratified, the reality in society still often arises debate regarding the urgency of enacting these regulations. The emphasized study includes whether the urgency of guaranteeing halal products is due to community initiatives, government interests, or simply wanting to match trends in other countries. There are two important questions in this research. First, what is the urgency of having halal products in Indonesia? Second, what is the polemic map of the application of the Halal Product Guarantee Law in Indonesia? With a juridical state approach to explain the reasons that require the existence of a halal product industry and the pros and cons of implementing halal product guarantees in Indonesia. The results in this study are that the ratification of regulations related to halal product guarantees has had an impact on the diversity of people in Indonesia. The existence of pros and cons after mandatory halal certification is the reason that the implementation of the halal industry in Indonesia still favors one group, has not provided aspects of benefit to all Indonesian citizens.
Monogamy As The Substance of Pre-Nuptial Agreement: A Cross-Mazhab Comparative Study Adib, Ahmad Hidhir; Ahmad, Moch Said
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.22270

Abstract

Polygamy is one of the factors causing divorce. To overcome this, the concept of a pre-nuptial agreement can be applied as proposed by Sayyidah Sukainah towards her husband. This study aims to answer the legality of monogamy requirements proposed by the bride. The research method used in this research is literature study with a mazhab (school of thought) comparative approach. The author will compare the views of 5 mazhab; Hanafi, Maliki, Shafi'i, Hambali and Dzahiri.The results of this study indicate that if a woman who adheres to the mazhab of Syafi'i or Maliki does not want her husband to be polygamous, then make a nazar (vow) to her husband. Meanwhile, if she belongs to the Hambali, the scholars legalize this monogamy requirement, even if it has become a tradition in the woman's region, then the condition is automatically binding. Whereas in the Hanafi mazhab, these conditions are not binding, but have an impact on the type of Mahar (dower). So in case of the husband does not meet these requirements, then the wife is entitled to a mahar mitsil dowry of mahar mitsil (determined dower). Whereas in the Dzahiri mazhab, these conditions are not binding, even in case they appear in the contract, it results in the cancellation of the marriage.
The Influence of Fatwas Regarding Illegitimate Children at The Courts in Indonesia Mustafa, Ahsin Dinal; Fakhruddin, Fakhruddin; Roibin, Roibin
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.25015

Abstract

One of the complex and important issues in the context of Islamic family law is the phenomenon of illegitimate children. Among the institutions recognized by society as providing solutions through fatwas (decision) are the Indonesian Islamic Scholars Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah. This paper aims to explore and analyze this issue in more depth, presenting a perspective that includes aspects of law and society that are manifest in a fatwa, as well as summarizing the significance of the fatwa for decisions in court. This paper uses a qualitative normative approach in the form of library research and analysis of documents in the form of fatwas and decisions that quote fatwas as ratio decidendi. Several decisions use this fatwa as a source of material law because there is no explanation regarding the civil rights given to illegitimate children from their biological fathers in the Constitutional Court decisions or other regulations. In several decisions, fatwas are used by judges in the ratio decidendi decisions in Indonesia. However, the result is that there is disparity in decisions due to differences in the judges' interpretation of the fatwa they use.
Critical Thinking on the Limitation of Political Functions in Indonesia Umam, Muhamad Khoerul
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.24672

Abstract

Ministers or other officials who concurrently hold public and political functions have become a central issue in constitutional studies. Excessive power will make people have the potential to cause abuse of power. This research has a specific objective to analyze and examine the arrangements regarding the limitation of political functions. Methodologically, this research is normative legal research or library research using statutory and conceptual approaches. Data and information obtained through library materials, such as books, journals, and laws and regulations related to research issues. In this research, it is found that some commissioners and directors of state companies or private companies and even ministers or state ministries are involved in concurrent functions that have the potential for abuse of power, and are contrary to Law Number 25 of 2009 concerning Public Services, Law Number 19 of 2003 concerning BUMN, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This article is a critique of officials who are involved in concurrent functions as well as providing alternative strengthening in the limitation of functions.

Page 39 of 40 | Total Record : 391

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