Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam最新文献

Implementation of Minister of Religious Affairs Regulation No. 20 of 2019 Concerning Taukil Wali Marriage 执行宗教事务部长2019年第20号条例，关于takil Wali婚姻

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2023-01-20 DOI: 10.25217/jm.v7i2.2792

Ganti Siregar

{"title":"Implementation of Minister of Religious Affairs Regulation No. 20 of 2019 Concerning Taukil Wali Marriage","authors":"Ganti Siregar","doi":"10.25217/jm.v7i2.2792","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2792","url":null,"abstract":"Article 12 paragraph 5 of the Regulation of the Minister of Religion Number 20 of 2019 states that a guardian who is not present at the contract must make a letter taukil wali in front of the Head of the District Office of Religious Affairs/Penghulu/PPN LN according to domicile. This regulation creates a problem when a nasab guardian who cannot attend is replaced by a judge's guardian without a guardian's taukil letter, as happened in Kota Kisaran Barat. The purpose of this article is to find out the views of the Head of the Office of Religious Affairs in Kota Kisaran Barat Subdistrict regarding the taukil guardian of marriage in the Minister of Religion Regulation Number 20 of 2019, the application and impact of its implementation on household sustainability. This type of research is qualitative, with an empirical juridical approach. This article concludes that first: The Head of KUA Office of Kota Kisaran Barat District is of the view that if the nasab guardian cannot attend the marriage contract due to traveling, then the judge's guardian does the marriage. Second, the application of Minister of Religion Regulation Number 20 of 2019 concerning taukil wali in the Office of Religious Affairs in Kota Kisaran Barat District has been going well. Third, there is no negative impact that occurs after marriage through Taukil marriage guardian. This is because the taukil wali is not because the wali nasab does not agree, but because the circumstances and conditions of the wali nasab are far away and various other things that make them do taukil wali nikah","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133644234","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}

引用次数: 0

Islamic Law and Human Rights: Doctrinal Controversies in Sunni and Shia Islam Since The 1948 Universal Declaration 伊斯兰法律与人权:1948年《世界人权宣言》以来逊尼派和什叶派伊斯兰教的教义争议

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2023-01-12 DOI: 10.25217/jm.v7i2.2783

Iwan Setiawan, A. Rifai, Mariana Mariana

{"title":"Islamic Law and Human Rights: Doctrinal Controversies in Sunni and Shia Islam Since The 1948 Universal Declaration","authors":"Iwan Setiawan, A. Rifai, Mariana Mariana","doi":"10.25217/jm.v7i2.2783","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2783","url":null,"abstract":"From a comparative perspective, this article analyses the doctrinal debate that arose in Sunni and Shia Islam after adopting the Universal Declaration of Human Rights in 1948. This research method is a descriptive comparative prospective study carried out by comparing and explaining the object of research objectively and factually based on the data sources obtained. In this case, the benchmark for comparative data is Islamic law and human rights studies from the perspective of Islamic teachings and Shia Islam. For decades, this text has produced almost no response in Islam. In its final recommendations, the Congress of the Sixth Academy called for uniting the Muslim community, respecting human dignity and human rights, condemning racial discrimination by certain States that believe they are civilized, as well as only publishing works that expose the position of his arguments correspond to the thesis outlined by Abū al-Aʿlā Maudūdī in his texts on the Islamic State and a booklet on human rights in Islam. Certain are confident they are civilized and only publish works that expose the Islamic position on human rights. In November 1975, Mawdūdī gave a lecture in Lahore on the question which arose in response to this recommendation. From the 1980s onwards, more prominent thinkers began to confront their legal traditions with those that became the source of human rights. While comparing the two legal systems contributes to major developments and contrasts in the con-thought of temporary Islamic law.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125714135","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}

引用次数: 0

Review of Law No 12 Of 2022 Concerning the Criminal Action of Sexual Violence Against the Custom Law of Forced Marriage in Indonesia 对印度尼西亚针对强迫婚姻习惯法的性暴力犯罪行为的2022年第12号法律的审查

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2023-01-11 DOI: 10.25217/jm.v7i2.2800

Ahmad Zaky Nauval, Muhammad Syukri Albani Nasution

{"title":"Review of Law No 12 Of 2022 Concerning the Criminal Action of Sexual Violence Against the Custom Law of Forced Marriage in Indonesia","authors":"Ahmad Zaky Nauval, Muhammad Syukri Albani Nasution","doi":"10.25217/jm.v7i2.2800","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2800","url":null,"abstract":"Marriage is not only about forming a family that occurs because of the union of a man and a woman, but marriage is an inner and outer bond between a man and a woman as husband and wife with the aim to forming a family (household) that happy and eternal based on God Almighty. It becomes a problem if marriage is not based on the desire of each partner because the desire and feelings of mutual love are the main basic in carrying out a marriage. In practice, marriage coming from a coercion is not a new thing, in some areas it has even become customary law. By considering it the Indonesian government passed constitution number 12 of 2022 where forced marriage is categorized as a crime of sexual violence. However, there are still many rejections from several parties because of the conflict between the article and the provision of sharia and customary. By using the juridis-normatif method, this article will review this conflict. Forced marriages which are categorized as criminal acts in Indonesian have been ruled out in some areas by referring to customary provision that put forward the values of Maqashid Sharia. The result is that it is necessary to review Law No. 12 of 2022 that there are positive legal exceptions to customary law that apply in several regions of Indonesia, because the nature of the law itself aims to regulate and measure criminal punishment.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122566595","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}

引用次数: 0

Supreme Court's Ultra Vires Rulings Represent a Paradigm Shift in The Judicial Review Conducted by Constitutional Judges 大法院的越权判决是宪法法官进行司法审查的范式转变

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-28 DOI: 10.25217/jm.v7i2.2709

Larasati Nabila, Rayhan Naufaldi Hidayat, Imas Novita Juaningsih

{"title":"Supreme Court's Ultra Vires Rulings Represent a Paradigm Shift in The Judicial Review Conducted by Constitutional Judges","authors":"Larasati Nabila, Rayhan Naufaldi Hidayat, Imas Novita Juaningsih","doi":"10.25217/jm.v7i2.2709","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2709","url":null,"abstract":"This study focuses on discussing the legal ratio of ultra vires rulings by constitutional judges as a manifestation of judicial activism. The ultra vires ruling has created a dialectic between preventing rechtvacum to uphold constitutional justice and the threat of judicial autocracy because the Constitutional Court exceeds its authority as a negative law. The purpose of this study is to comprehensively describe the dialectics of affirming ultra vires decisions by the Constitutional Court in accordance with human rights based on constitutional justice, as well as to analyze the application of the ultra vires doctrine to the actions of the Directors in hiring workers/labourers with work agreements for a certain time. The research method used is normative legal research with a legal approach and a contextual approach. The results of this study indicate that ultra vires decisions by constitutional judges are an unavoidable legal necessity. This is because normatively, sociologically, and in principle they are not contradictory. Therefore, ultra vires needs to be done with methods and sources to find the right law/constitutional to prevent rechtvacuum and overlapping judges in dealing with problems that are constantly changing without destroying checks and balances and creating a mini-parliament","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"345 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113958548","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}

引用次数: 0

Long Distance Relationship in Husband and Wife Couples in Bandar Lampung: Review on Maslahah Mursalah 楠榜市夫妻异地关系:对Maslahah Mursalah的回顾

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-27 DOI: 10.25217/jm.v7i2.2686

Fahmi Adi Saputra, Abdul Qodir Zaelani, A. Hermanto

{"title":"Long Distance Relationship in Husband and Wife Couples in Bandar Lampung: Review on Maslahah Mursalah","authors":"Fahmi Adi Saputra, Abdul Qodir Zaelani, A. Hermanto","doi":"10.25217/jm.v7i2.2686","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2686","url":null,"abstract":"In married life, husband and wife ideally live together in one place of residence so that they can carry out their authority and responsibilities as husband and wife to create a harmonious family. But it’s different with the implementation of the authority and responsibilities of husband and wife that occur in Sukarame Village, Bandar Lampung, where the husband does’nt live with his wife and childrens in one house because the husband works outside the city to earn a living or better families economy, which requires them not to live together for a period, which resulted in them not being able to lead a life together, leaving their wifes and children at home, and have a long distance relationship. The purpose of this study is to examine the exercise of authority and responsibility of husbands and wifes who don’t live together from the perspective of mas̲lah̲ah mursalah. This type of research is qualitative in the form of field research. The results of this study indicate that in Sukarame Village, Bandar Lampung, the authority and responsibilities of husband and wife do not live together, namely by calling each other or WhatsApp and video calls, although they still must meet face to face and transfer some money for their daily needs. From the point of view of mas̲lah̲ah mursalah, it is included in the interests of individuals or minorities and cannot be used as evidence because it only benefits the couple and therefore does not fulfill the conditions required by mas̲lah̲ah mursalah","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129928695","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}

引用次数: 0

Implications of Constitutional Court Decisions on The Protection of The Voting Rights of Persons with Mental Disabilities 宪法法院关于保护精神残疾者投票权的判决的影响

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-27 DOI: 10.25217/jm.v7i2.2838

M. Syafi'ie, Despan Heryansyah, Fatma Reza, Nabhojit Dey

{"title":"Implications of Constitutional Court Decisions on The Protection of The Voting Rights of Persons with Mental Disabilities","authors":"M. Syafi'ie, Despan Heryansyah, Fatma Reza, Nabhojit Dey","doi":"10.25217/jm.v7i2.2838","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2838","url":null,"abstract":"Normatively, the right to vote for persons with mental disabilities in elections was not fully recognized in Article 57 paragraph (3) of Law no. 8 of 2015. This law stipulates that one of the conditions for voters in elections is \"not having mental/memory problems\". This phrase interpreted broadly that all persons with mental disabilities are not entitled to the right to vote. This phrase was then tested by the Constitutional Court, whereupon the Constitutional Court issued Decision No. 135/PUU-VIII-2015 which substantially invalidates the phraselet's talkand granting the right to vote in general elections for persons with mental disabilities. This decision is considered a progressive leap taken by the Constitutional Court to ensure fair elections, because people with mental disabilities are not the same as people with schizophrenia, with a more humane approach and adequate medicine, people with mental disabilities are the same as people without mental disabilities. Therefore, the author is interested in seeing more deeply how this Constitutional Court Decision can fulfill the right to vote for persons with disabilities. This research is a type of non-doctrinal research that uses both primary and secondary data. The areas that are used as research objects are the provinces of Bali and DIY. The results of the study show that from a quantitative aspect there has been an increase in the participation of voters with mental disabilities. However, the implementation of the Constitutional Court's decision by the election organizers is also still encountering various obstacles, both administration, infrastructure, and services","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127493440","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}

引用次数: 0

Potrait Legal Protection Women’s Human Rights Through the Establishment of Gender Mainstreaming Local Regulations 通过建立性别主流化地方性法规实现妇女人权的形象法律保障

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-27 DOI: 10.25217/jm.v7i2.2726

Malicia Evendia, Ade Arif Firmansyah, Ulinnuha Saifullah

{"title":"Potrait Legal Protection Women’s Human Rights Through the Establishment of Gender Mainstreaming Local Regulations","authors":"Malicia Evendia, Ade Arif Firmansyah, Ulinnuha Saifullah","doi":"10.25217/jm.v7i2.2726","DOIUrl":"https://doi.org/10.25217/jm.v7i2.2726","url":null,"abstract":"Human rights are basic rights inherent in every human being, including women. However, the stigmatization of women, which often makes the appearance of women's human rights limited, makes it difficult for them to develop themselves. Based on data from the UNDP Gender Inequality Index, Indonesia occupies the highest score in ASEAN with a gender inequality percentage of 48%. The participation of women in development is one of the reasons for the high preference for gender. The government has made various efforts to improve the dignity of women, one of which is through gender mainstreaming. In the context of decentralization, local governments need to elaborate on gender mainstreaming policies in local regulations as an effort to protect women's human rights laws in the regions. This paper aims to portray legal protection through gender mainstreaming within the framework of regional autonomy. The results of the study show that: first, local governments have the authority and responsibility in realizing gender-responsive regional development, both based on local government legal regimes and sectoral legal regimes. Regional autonomy should be able to address gender in accordance with the locality of the region. Second, gender mainstreaming is a necessity as well as a challenge for local governments, in the optics of law as a means of development, regional regulations regarding gender mainstreaming become the juridical basis for regions to ensure and realize conditions of gender equality at the regional level; increasing the contribution and role of women in the regions; and encourage gender-responsive regional development as a form of efforts to protect and fulfill women's rights.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127160840","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}

引用次数: 1

Dynamics of Jambi Malay Ethnic Group in The Political Contestation of Jambi Mayor Election 占碑市长选举政治角逐中的占碑马来族群动态

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-27 DOI: 10.25217/jm.v7i2.2823

J. Ahmad, Hengki Firmanda

引用次数: 0

Beauty Mask Trade at Shopee from the Fiqh Perspective and the Consumer Protection Act 从Fiqh和消费者保护法的角度看Shopee的美容面膜贸易

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-12-20 DOI: 10.25217/jm.v7i1.2421

M. Sulthon

{"title":"Beauty Mask Trade at Shopee from the Fiqh Perspective and the Consumer Protection Act","authors":"M. Sulthon","doi":"10.25217/jm.v7i1.2421","DOIUrl":"https://doi.org/10.25217/jm.v7i1.2421","url":null,"abstract":"This study aims to analyze the trading practices of beauty masks in shopee storesdaily mask 04 Tuban Regency, East Java. Knives of analysis using Islamic Law combined with Law no. 8 of 1999 concerning Consumer Protection. This research is field research with a descriptive-qualitative approach. Data were classified into primary and secondary data through interviews. The results of the study prove that in accordance with the provisions of the contract in Islamic law, the trade meets the requirements. However, from the perspective of Law Number 8 of 1999, this trade does not meet the requirements of the law. In this law, it is explained that a trade or sale must include a label on its product packaging and there is an excessive prohibition on giving statements about the products being sold. Meanwhile, the reality on the ground shows that the shopee shopee Dailymask 04 does not include labels on the packaging and is excessive in promoting the products it sells. From the conclusion inabove, the researcher hopes that the Dailymask04 store will put a label with the contents: composition, method of use, and expiration date . So that consumers can know well the products being sold","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"35 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127380777","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}

引用次数: 0

The Effectiveness of Religious Affairs Office Role of Deli Serdang Regency in Implementing Sakinah Family Guidance Services Deli Serdang县宗教事务办公室在实施Sakinah家庭指导服务中的作用

Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Pub Date : 2022-06-30 DOI: 10.25217/jm.v7i1.2161

A. Ardiansyah, Watni Marpaung, Abdul Hakim Siagian

{"title":"The Effectiveness of Religious Affairs Office Role of Deli Serdang Regency in Implementing Sakinah Family Guidance Services","authors":"A. Ardiansyah, Watni Marpaung, Abdul Hakim Siagian","doi":"10.25217/jm.v7i1.2161","DOIUrl":"https://doi.org/10.25217/jm.v7i1.2161","url":null,"abstract":"Research thesis is The Effectiveness of the Role of Religious Office of the District Deli Serdang in Implementing Sakinah Family Guidance Service (Study of Anlysis of High Divorce Rates in Deli Serdang Regency. Type of this research is qualitativ, with normative and empirical approach. The primary source in this research is the regulation of the Minister of Religion of the Republic Indonesia Number 34 of 2016, article 3. The results of observations, documentation and the result of interview with several informants Sub-Distric Role Religious Office and community in Deli Serdang Regency. Research result: The effectiveness of the role the sub-district Religious Affairs Office in Deli Serdang Regency in implementing sakinah family guidance services. In general, the sakinah family guidance services carried otu by the Religious Affairs Office in Deli Serdang Regency have been carried out well and effectively in accordance with the amant of the Regulation of the Mininster of Religion of Republic Indonesia Number 34 of 2016, article 3 regarding guidance of the sakinah family, maximum support is needed form the partisipant. Government to implement regulations related to the guidance of sakinah families, increase the period of implementation of activities, provision of facilities and sufficient funds, as well as adequate staff.","PeriodicalId":252786,"journal":{"name":"Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam","volume":"50 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128840706","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}

引用次数: 0