Implementation of Women's Rights in Divorce Sues at the Religious Court of Jepara

Divorce is a final path that must be taken in resolving household disputes and turmoil. If the cracks in the household can no longer be reconciled, it is feared that it will cause division between the two families. The objectives of this study are to understand the law of divorce in religious courts and outside of them, the factors causing divorce outside the religious courts, and to identify the impacts of divorce outside the religious court on the social life of the communities in Aceh Utara and Aceh Barat. This research uses a qualitative method, where the researcher thoroughly examines the facts found in the research locations according to the problem focus directly, then presents and discusses the analysis results. To obtain accurate and reliable data, data collection was carried out through observation, interviews, and documentation. The results show: (1) in Islamic law, divorce performed outside the religious court is valid, while the law of divorce outside the religious court is not valid under Indonesian law and the Marriage Law as well as the Compilation of Islamic Law; (2) the factors causing the community to divorce outside the religious court are due to adhering to the opinions of the Imam Mazhab and local ulama, due to customs, economic conditions, ignorance/lack of understanding of regulations, laziness in processing, and indifference to divorce laws; and (3) the impacts felt by the community after divorcing outside the religious court are not receiving the iddah rights, difficulty in remarrying. After all, they do not have a divorce certificate, as the KUA does not permit because they are still considered the wife of the first husband. Furthermore, they cannot claim joint property, hadhonah, and child support. This is consistent with what has happened to the people of Aceh Utara and Aceh Barat. Additionally, problems arising from divorce outside the religious court are related to children and their education, lack of legal certainty, asset distribution, inheritance, creating priority for the husband over the wife, the husband being arbitrary towards the wife, and child custody.

Joint property disputes after divorce at the Religious Courts (PA) under the Bengkulu High Religious Court (PTA) jurisdiction are always equally settled by giving half for each ex-spouse, regardless of the domination in working to earn the properties. The decisions refer to the article 97 of the Compilation of Islamic Law (KHI). The decisions do not fulfill sense of justice regarding the ex-wife participating in earning the living. This library research would like to descriptively analyze the progressive law reviews of the decision related to joint properties with working wives set at some Religious Courts under the Bengkulu High Religious Court jurisdiction in 2016-2019 periods, in the context of reforming the Marriage Law in Indonesia. In drawing conclusions, the data are analyzed by applying progressive law theory. The study shows that Religious Courts’ decisions are not regulated in traditional Islamic law, but they are found in contemporary Islamic law by analogizing them as Shirkah with the division based on the agreement between the parties. In positive law perspective, the joint property division has been determined with each equally get half. In the meantime, from the progressive law perspective in the context of reforming the Indonesian Marriage Law, ex-wives participating in earning living should get a larger portion of joint properties than their ex-husbands, to fulfill the sense of justice. Their portions are decided amicably on the agreements of the parties

This study aims to find out about . What is the mechanism for drafting regulations on changes to the Regional Revenue and Expenditure Budget (APBD). What are the implications and legal impacts on regulatory mechanisms for amending the Regional Revenue and Expenditure Budget (APBD) which are not in accordance with statutory provisions. The method of data collection in this study was carried out by normative empirical, namely research that uses and processes primary data and side by side with secondary, empirical normative research is focused on the implementation of statutory (normative) legal provisions in action in every particular legal event that occurs in a society (empirical) related to the mechanism of Changes to the Regional Revenue and Expenditure Budget. The results of the study show that the Regional Revenue and Expenditure Budget, hereinafter abbreviated as APBD, is the regional government's annual financial plan that is discussed and agreed upon jointly by the local government and the Regional People's Representative Council (DPRD), and stipulated by regional regulations/Perda. The APBD budget year covers a period of one year, starting from January 1 to December 31. The Regional Revenue and Expenditure Budget consists of the Revenue Budget originating from Regional Original Revenue (PAD), which includes regional taxes, regional levies, regional wealth management results and the share of balancing funds, which includes Profit Sharing Funds, General Allocation Funds (DAU) and Funds Special Allocation. Also known as legitimate income such as grants or emergency funds. While the expenditure budget is the budget used for various purposes of carrying out government tasks in the region. The Regional Government submits a draft Regional Regulation concerning changes to the Regional Revenue and Expenditure Budget (APBD) for the current fiscal year to obtain approval from the Regional People's Representative Council (DPRD) before the end of the fiscal year. After obtaining approval from the Regional People's Legislative Council (DPRD) regarding the draft regional regulation regarding the Revised Regional Revenue and Expenditure Budget (APBD-P), then the process of evaluating and establishing the draft Regional Regulation concerning the Revised Regional Revenue and Expenditure Budget (APBD-P) and the draft Regional Head Regulations regarding the translation of the Amended Regional Revenue and Expenditure Budget (APBD-P) into Regional Regulations and Regional Head Regulations. There are two legal implications of the mechanism of the Amended Regional Revenue and Expenditure Budget (APBD-P) regulations which are not in accordance with statutory provisions. First, all processes of a series of changes that do not meet the normative requirements cannot be followed up directly. Second, administratively, all types of regional government work programs originate from the remaining budget from the previous year. (APBD-P) as the legal basis

This study aims to find out about . What is the mechanism for drafting regulations on changes to the Regional Revenue and Expenditure Budget (APBD). What are the implications and legal impacts on regulatory mechanisms for amending the Regional Revenue and Expenditure Budget (APBD) which are not in accordance with statutory provisions. The method of data collection in this study was carried out by normative empirical, namely research that uses and processes primary data and side by side with secondary, empirical normative research is focused on the implementation of statutory (normative) legal provisions in action in every particular legal event that occurs in a society (empirical) related to the mechanism of Changes to the Regional Revenue and Expenditure Budget. The results of the study show that the Regional Revenue and Expenditure Budget, hereinafter abbreviated as APBD, is the regional government's annual financial plan that is discussed and agreed upon jointly by the local government and the Regional People's Representative Council (DPRD), and stipulated by regional regulations/Perda. The APBD budget year covers a period of one year, starting from January 1 to December 31. The Regional Revenue and Expenditure Budget consists of the Revenue Budget originating from Regional Original Revenue (PAD), which includes regional taxes, regional levies, regional wealth management results and the share of balancing funds, which includes Profit Sharing Funds, General Allocation Funds (DAU) and Funds Special Allocation. Also known as legitimate income such as grants or emergency funds. While the expenditure budget is the budget used for various purposes of carrying out government tasks in the region. The Regional Government submits a draft Regional Regulation concerning changes to the Regional Revenue and Expenditure Budget (APBD) for the current fiscal year to obtain approval from the Regional People's Representative Council (DPRD) before the end of the fiscal year. After obtaining approval from the Regional People's Legislative Council (DPRD) regarding the draft regional regulation regarding the Revised Regional Revenue and Expenditure Budget (APBD-P), then the process of evaluating and establishing the draft Regional Regulation concerning the Revised Regional Revenue and Expenditure Budget (APBD-P) and the draft Regional Head Regulations regarding the translation of the Amended Regional Revenue and Expenditure Budget (APBD-P) into Regional Regulations and Regional Head Regulations. There are two legal implications of the mechanism of the Amended Regional Revenue and Expenditure Budget (APBD-P) regulations which are not in accordance with statutory provisions. First, all processes of a series of changes that do not meet the normative requirements cannot be followed up directly. Second, administratively, all types of regional government work programs originate from the remaining budget from the previous year. (APBD-P) as the legal basis.

This study discusses the analysis of the position of joint property in Islamic law and the compilation of Islamic law articles 96 and 97. The purpose of this study is to determine the position of joint property based on the view of Islamic law and compilation of Islamic law articles 96 and 97 as well as the similarities and differences in the position of joint assets according to Islam law and compilation of Islamic law. The author uses a type of library research, which is to become library material as the main data source, by writing, clarifying, and reducing data, especially those related to joint property, both in the study of compilations of Islamic law and Islamic law. The results showed that 1). The position of joint property based on the view of Islamic law can be understood that joint property is syirkah in the sense that it is a form of cooperation or partnership between husband and wife. Syirkah in joint property is a form of cooperation between husband and wife to build a sakinah, mawaddah, warahmah family, including property in marriage. Regarding this joint property, the husband or wife can act to do something or not to do something on the joint property through the agreement of both parties. 2). The position of joint property based on the view of the compilation of Islamic law articles 96 and 97 can be understood that ownership of property in marriage determines the balance between husband and wife in married life. Because they are still married. They have the same rights to the joint property. 3). Equality in the position of joint property according to Islamic law and compilation of Islamic law lies in the distribution of property, in the event of a divorce, the distribution of joint property can be carried out in peace. The division of joint property according to Islamic law and compilation of Islamic law is not absolute because in principle the philosophy in the distribution of joint property is a value that can be achieved by deliberation based on the principles of faith, justice, balance, legal protection, deliberation and compassion. While the difference lies in the concept of joint property. Islamic law does not recognize the name of joint property, Islam views that the wife gets good protection regarding physical, spiritual, moral, material, housing, maintenance costs, and the education of children is the full responsibility of the husband as the head of the family. Meanwhile, according to the compilation of Islamic law, it is explained that joint property is property obtained during marriage as joint property.

The purpose of this study is to comprehensively analyze the construction and legal certainty of replacement heirs in the compilation of Islamic law and its application in the religious courts of the DKI Jakarta region. This research uses a qualitative method with a normative legal approach, legislation, decision analysis, and Islamic law literature. Primary sources are obtained from the decisions of the religious courts of the DKI Jakarta high religious court region numbered: 131/pdt.p/2022/pa.jp, 339/pdt.p/2021/pa.jp, 166/pdt.p/2021/pa-jb, 3950/pdt.g/2020/pa-js, the compilation of Islamic law, and other legal materials related to inheritance. Meanwhile, secondary sources are obtained from literature searches such as books, documents, and journals that have the same relevance as this research. After the data is obtained and collected, data will be filtered and grouped according to its type, then the data is analyzed using descriptive analysis to be able to provide an overview of the existing problems. The results showed that, the legal construction of the concept of substitute heirs in the Compilation of Islamic Law in the Religious Courts in the DKI Jakarta PTA region by placing the position of substitute heirs by applying justice to the inheritance of his parents who had died before the heir. The research confirms the legal construction and rationale behind substitute heirs in Islamic inheritance law, highlighting their significance in inheritance disputes. Recognized under KHI Article 185, substitute heirs play a crucial role in ensuring fairness and equity in inheritance distribution. However, obstacles such as public awareness, evidentiary challenges, and conflicts with local customs impede the effective implementation of the substitute heir rule.

Islamic Family Law consists of fundamental nationalities that always live and develop along with the development of society in the life of the nation. The configuration of national life interests is an instrument contested by the nation's components in these interests in the path of the state constitution, thus gaining a place of legitimacy in the process of constructing a national legal order. The history of national legal legislation has included the Compilation of Islamic Law as one of the country's alignments with the process of Islamic family law into National law. At the same time, the recovery of the development of Islamic Family Law is increasingly lively as the process of finding answers to Islamic problems in the archipelago's insight, how: Compilation of Islamic Law accommodates changes in the application of Islamic family law in Indonesia?The description that can be obtained in this study shows that based on the history of beginning, the Compilation of Islamic Law is present as meeting the needs of the Islamic community as well as filling in the gaps that occur in the Religious Courts whose authority is regulated in Law No. 7 of 1989. However, in its journey, a number of studies and studies explained that the Compilation of Islamic Law contained a variety of potential criticisms, in which the Compilation of Islamic Law was deemed to be no longer sufficient in resolving various complex complexity problems. Therefore it is necessary to reconstruct the Compilation of Islamic Law by paying attention to the principles of equality (al-muswah), brotherhood (al-ikhâ`), and justice (al-`adl), as well as basic ideas for the formation of civil society, such as pluralism, gender equality , Human rights, democracy, and egalitarianism, so that the needs of Islamic family law can be fulfilled in several such as Constitutional aspects, Content aspects (Material / Content and Ideas), Aspects of Islamic Law Enforcement (rule of law) in the Indonesianness frame.

The noble Qur'an has explained the laws of inheritance, the conditions of each heir with a sufficient explanation, where no one among humans escapes the inheritance or inheritance. Because the Qur'an is the backing in establishing the law and the extent of its parts. And very few are determined based on Sunnah or ijma. there is no position of nonMuslim children on inheritance in compilation of Islamic law. While the Religious Court is a court that has the authority to examine and try inheritance disputes for people who are Muslim. Thus, if there is a dispute over inheritance issues between children of Muslims and non-Muslims, it must be resolved through the Religious Courts. Formulation of the problem in this study is how the position of non-Muslim children on the inheritance of Islamic heirs is reviewed from the Compilation of Islamic Law. with literature analysis it means that the author takes data based on existing literature.
 Based on the results of the study, according to the Compilation of Islamic Law dividing inheritance to the entitled heirs is the obligation of heirs to the heir to be implemented after the heirs have carried out other obligations as contained in. The position of nonMuslim children on the inheritance of Islamic heirs based on Islamic law does not obtain inheritance from the inheritance of their parents. According to the Compilation of Islamic Law as in the case of the Religious Court, it shows that the position of non-Islamic children on inheritance from the inheritance of the property of their parents does not receive the right inheritance, but based on the Religious High Court, get a section called "Wasiah Wajibah".

The noble Qur'an has explained the laws of inheritance, the conditions of each heir with a sufficient explanation, where no one among humans escapes the inheritance or inheritance. Because the Qur'an is the backing in establishing the law and the extent of its parts. And very few are determined based on Sunnah or ijma. there is no position of nonMuslim children on inheritance in compilation of Islamic law. While the Religious Court is a court that has the authority to examine and try inheritance disputes for people who are Muslim. Thus, if there is a dispute over inheritance issues between children of Muslims and non-Muslims, it must be resolved through the Religious Courts. Formulation of the problem in this study is how the position of non-Muslim children on the inheritance of Islamic heirs is reviewed from the Compilation of Islamic Law. with literature analysis it means that the author takes data based on existing literature.
 Based on the results of the study, according to the Compilation of Islamic Law dividing inheritance to the entitled heirs is the obligation of heirs to the heir to be implemented after the heirs have carried out other obligations as contained in. The position of nonMuslim children on the inheritance of Islamic heirs based on Islamic law does not obtain inheritance from the inheritance of their parents. According to the Compilation of Islamic Law as in the case of the Religious Court, it shows that the position of non-Islamic children on inheritance from the inheritance of the property of their parents does not receive the right inheritance, but based on the Religious High Court, get a section called "Wasiah Wajibah".

The digital era raises various problems and challenges in Family Law which is still conventional. For example, in terms of marriage contracts and administration, utilisation of assets from the digital economy and so on. This study discusses the problems of Indonesian Islamic family law in facing changes in the digital era and its relevance to the renewal of the Compilation of Islamic Law. This study uses a netnography method with a normative legal approach. The results show several realities that are problems in Indonesian Islamic family law in the digital era such as online marriage, digital marriage dowry, online sexual relations between husband and wife, online nusyuz and zina, online divorce and reconciliation and joint property based on cyberspace. This situation demands a renewal of Islamic family law in Indonesia, especially the Compilation of Islamic Law as material law in the Religious Courts. By using the feature of openness in the system theory of the maqasid shariah, the `urf of cyberspace is worthy of being used as a legal basis for the renewal of the Compilation of Islamic Law. Several articles in the Compilation of Islamic Law that need to be renewed are marriage witnesses, marriage contract, submission of dowry, husband's obligations, joint property of husband, reasons for divorce, examination of divorce lawsuits, procedures for reconciliation and procedures for implementing wills. This renewal is very important to achieve the objectives of the law, namely justice, certainty and legal benefits.

The promulgation of Law No 7 of 1989 on Religious Courts, a milestone in the transformation of early Islamic law into national legislation in the judicial system in Indonesia. Religious Court is the process of judicial based on Islamic law for Muslims undertaken by the Religious Court and Religious High Court. The existence of the Religious Courts in the Indonesian national judicial system is one of judicial powers in Indonesia. In addition to the Religious Courts, Indonesia also recognized three other courts that have the same and equal position with the different authority, they are the General Court, Military Court, and State Administrative Court. Religious Courts can be viewed as a symptom of Islam because it can reveal many aspects of life especially in social issues. Indications of the Islamic symptoms are the enactment of Law No. 7 of 1989 on Religious Courts, and put it into the country's judicial system, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law (KHI), all of which are in the realm of law in Indonesia, the concretization of a form of Islam and a product of applied normative law must be obeyed by the people of its adherents, as the living law. Keywords: Religious Courts, Islamic Symptoms, Transformation of Islamic Law

This study entitled the application of mumayyiz (maintaining and educating children to adults or able to stand alone) child custody rights to fathers. The formulation of the problem in this study are: (1) How is the arrangement of custody of children to children not yet mumayyiz in the Islamic Law Compilation? (2) Does the Compilation of Islamic Law also regulate the granting of unmumayyiz child custody to the father after the divorce? (3) How is the application of the provision of child custody rights to the father in case Number 2887 / Pdt.G / 2017 / PA JS? This research method is Normative Law. legal research is a method that examines document studies, namely using various data such as court decisions, legal theory, legislation and the opinions of scholars in the research location. Data were analyzed using descriptive analysis method. The results of the study show that the regulation and legal basis regarding granting custody of children is not yet mumayyiz to the father which is a marriage bond between a man and a woman, but on the way to fostering a household it has broken based on the Court's decision in 2015, from the divorce has given birth. two children who are not yet mumayyiz. The occurrence of a lawsuit for child custody has not yet been filed with the Court. Where the main point of the dispute between the Plaintiff and Defendant is regarding child custody based on the provisions of Article 49 paragraph (2) number 11 of Law Number 7 of 1989, as amended by Law Number 3 of 2006 and Law Number 50 Years 2009 jo. Article 156 letter e Compilation of Islamic Law, this case is the absolute competence of the religious court. Previously the Panel of Judges had attempted to reconcile the Plaintiff and Defendant, as well as the mediation process was carried out, but it was unsuccessful, and the parties had two witnesses who gave testimony during the process. the trial which has a proof value is independent (vrij bewijs kracht). From the hadil of the research, the stages of handling cases of child custody have not been mumayyiz which decided that the child custody falls to the father to guarantee a sense of security, peace.

The distribution of inheritance must be carried out in accordance with Sharia, as explicitly regulated in the Qur'an and Hadith. According to most scholars, the provisions found in the Qur'an and Sunnah, which provide clear guidance, are considered Qat’i (definitive). However, Muslims tend to prefer reconciliation or consultation (musyawarah) in inheritance distribution. This practice is not only a common custom in society but is also regulated in Article 183 of the Compilation of Islamic Law (KHI), which explains that tasaluh is a method in which an heir waives their inheritance rights to be given to other heirs. This research is library-based, using qualitative data, and follows a descriptive-analytical approach. The goal is to describe the tasaluh method of inheritance distribution from the perspectives of both Islamic law and the Compilation of Islamic Law, and then analyze it through the lens of progressive law. The study uses a normative approach to examine tasaluh in inheritance distribution via progressive legal theory. The findings suggest that inheritance distribution through peaceful methods, such as takharruj in Islamic law, can be seen as an implementation of progressive law, which prioritizes humanity and social justice. By encouraging deliberation and mutual agreement, this method accommodates social needs and family harmony. This approach shows that law need not be rigid; it should provide solutions that promote societal welfare. Therefore, Islamic law, through peaceful inheritance distribution, offers fairness and justice, aligned with progressive law principles.

As one of the executors of judicial power in the courts in the Indonesian Religious Court is given the jurisdiction over civil causes of Islam, one of which is in the field of marriage. As an Islamic court, the substantive law that is used Islamic law, then it is often defined as fiqh, which are certainly vulnerable difference. To bridge differences and to create legal certainty, as well as to realize the Islamic law, then Compilation of Islamic Law (KHI) was born which positively main themes of Islamic law in Indonesia and as one of the law applied in the Religious Court. Especially with regard to matters of marriage is a matter of legalization of marriage in Islamic Law Compilation qualified as a remedy called "the isbat of marriage". Of a jurisdictional basis isbat marriage cases as authority Religious Court Compilation of Islamic Law is one of the sources of law which raised more detailed reasons filing. Although the Compilation of Islamic Law is not included in the hierarchy of legislation. However, in order to fill the legal vacuum, the provisions governing the confirmation of marriage is considered as a policy that is needed by the religious court as justice of Islam in Indonesia.

The scholars of ushul fiqh (uṣūliyyīn) agree that ‘urf al-ṣaḥīḥ, representing an appropriate custom, serves as the legal basis since this is congruent with what is intended in naṣ (Quran and Sunnah). Thus, determining Islamic law should take into account the customs or traditions people adhere to, including inheritance-related matters. In Indonesia, Islamic Law Compilation, the law governing inheritance based on society and religious courts, set forth several articles accommodating ‘urf in the inheritance system. This study aims to investigate which ‘urf has been adopted as a legal guideline in Islamic Law Compilation, and what implications can be caused by ‘urf in Islamic Law Compilation concerning inheritance. With an Islamic Law approach and the theory of ‘urf al-syatibi, this study concludes that there are at least four essential articles regarding the influences of ‘urf in Islamic Law Compilation, consisting of Articles 171 and 174, Article 183, and Article 190, where Article 171 point c mentions the definition of inheritor and Article 174 regulates the classification of inheritors that has an implication on the system of inheritance adopted by Islamic Law Compilation with a strong bilateral principle. Moreover, Article 183 deals with the mechanism of peace in inherited asset distribution, indicating an elaborate individual principle in Islamic Law Compilation. Article 190, however, governs the distribution of marital properties or shared properties, having an implication on the customs of the people of Indonesia who are used to equally sharing assets as adopted by Islamic Law Compilation.