{"title":"Efektivitas Pelaksanaan Mediasi Di Masa Pandemi Dalam Menekan Jumlah Angka Perceraian: Studi Kasus Pengadilan Agama Serang","authors":"A. Miftah, N. Fauzi","doi":"10.46339/ijsj.v1i1.6","DOIUrl":"https://doi.org/10.46339/ijsj.v1i1.6","url":null,"abstract":"The rise of divorce rates is getting higher and continues to grow especially in pandemic times like this, one of which is due to economic factors. However, the divorce case must be in accordance with the mandate of Perma No.1 of 2016 which states the importance of mediation. The formulation of the problems in this study is: How is the implementation of mediation in the pandemic period in the settlement of divorce cases in the Serang Religious Court?, How is the role of mediator judges in reconciling and reducing the number of divorce rates during the pandemic in the Serang Religious Court?, and What are the obstacles faced by mediator judges in reconciling divorce cases during pandemics in the Serang Religious Court?. The conclusion of this study is that the procedure for the implementation of mediation in the Serang Religious Court is in accordance with Perma No.1 of 2016 on Mediation Procedures in Court and also implements health protocols in accordance with Presidential Instruction No. 6 of 2020 on Improving Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, and mediator judges play an important role in reconciling and suppressing the number of divorces. This can be seen in the mediation report. The obstacles faced by mediator judges consist of several factors. Starting from the factors of divorce cases, litigated parties and factors from the mediator itself.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129189197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Muhammad Zaber Wahid, Baharuddin Hi. M.A Hi. Abdullah
{"title":"Batal Demi Hukum: Poligami Tanpa Persetujuan Isteri: Studi Kasus POLDA Provinsi Maluku Utara","authors":"Muhammad Zaber Wahid, Baharuddin Hi. M.A Hi. Abdullah","doi":"10.46339/ijsj.v1i1.4","DOIUrl":"https://doi.org/10.46339/ijsj.v1i1.4","url":null,"abstract":"Marriage Law in Indonesia adheres to the principle of Monogamy. That is, a husband can only have a wife. But in the applicable law, polygamy is possible on several conditions including a wife's license and authorized by the court. In practice, many polygamy practices carried out without the wife's knowledge are even done \"sirri\" or nikah under the hands. This research aims to analyze the practice of polygamy without the consent of one party in the perspective of civil law and Islamic law in the city of Ternate, how the legal settlement of marriage cases without the consent of one party in the North Maluku police and the religious court of Ternate city, the purpose of the study to analyze marriage (Polygamy) without the consent of either party in the perspective of Civil Law and Islamic Law. This research uses a type of skinative research with an analytical descriptive model which is then combined with normative studies. The study found that marriages (polygamy) performed without the first wife's knowledge were said to be null and void because they did not meet the elements set by law and courts.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132627191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ahli Waris Pengganti Di Indonesia Dengan Historisitasnya","authors":"Muhamad Sauki Alhabsyi, Syahrul Mubarak Subeitan","doi":"10.46339/ijsj.v1i1.1","DOIUrl":"https://doi.org/10.46339/ijsj.v1i1.1","url":null,"abstract":"The case of inherition is one of the areas specifically regulated in Islamic law, both the determination of who is entitled (dzawil furudh, ashabah, and dzawil arham) and the details of the number of divisions in the Qur'an. However, with the times came problems and issues of \"contemporary\" heirs including the issue of replacement heirs. In the books of fiqh or books written by Islamic jurists do not recognize the designation of a replacement heir or the change of position of a replacement heir (plaatvervulling) as mentioned in Article 185 compilation of Islamic law. This is a deconstruction of public opinion in Islamic inherited law. This research then highlights the historical aspect of the presence of Surrogate Heirs in inheritance law in Indonesia, using a library research model with historical deepening of the application of a law.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134635464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Membaca Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi dari Perspektif Sosiologi Hukum","authors":"M. Murdan","doi":"10.46339/ijsj.v1i1.5","DOIUrl":"https://doi.org/10.46339/ijsj.v1i1.5","url":null,"abstract":"As a society known for its rich tribes, cultures, enis, groups, languages, islands, and so on, it is natural that Indonesia is said to be one of the countries on the world's most multicultural planet. The passing of Law No. 44 of 2008 on Pornography as a hard success among Islamism penetrated the national legislation of Indonesia. As a result, the group of people who disagreed and disagreed with the passage of Law No. 44 of 2008 made various resistance efforts to overturn the Law. The resistance they make from protests through demonstration movements, politics, economics, to efforts to take legal routes. As a result, to this day the Law is only as a documentation of Indonesia's national legislation, and almost no longer gets the attention of the public and law enforcement in Indonesia. In connection with that, this paper will read the existence of Law No. 44 of 2008 on Pornography in the perspective of legal sociology, both in the discussion of legal science in general and in discussions of Islamic-Sharia law.","PeriodicalId":102212,"journal":{"name":"Indonesian Journal of Shariah and Justice","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133327123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}