Religious Court Research Articles

The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court

The electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity.

The Judges Legal Reasoning on Child Welfare’s Perspective in the Hadanah Cases at Banten Religious Courts

This research analyzes the interpretation of the children welfare values in the juridical, sociological and philosophical perspective towards the judges legal reasoning in the hadanah cases at Banten Religious Courts. This research is classified as juridical normative research align with the qualitative descriptive data analysis towards the law approach as well as the Religious Courts Decision approach concerning the divorce and custody that had the legal impact for hadanah. The research result indicates that the hadanah cases decided by Judges legal reasoning at Banten Religious Court still tend to utilize the legal positivitistic considerations. Meanwhile, at the sociological level, it refers to the Article 5 of Law No. 48 of 2009 concerning Judicial Power stipulates that judges must explore, follow, and understand the legal values and society living law as as justice senses. The interpretation of this article depends on the custodian of hadanah towards the personality (morality) aspect. These includes moral and health aspects as well as the education and nurturing children opportunities aspects. Meanwhile, from the philosophical level, it is demonstrated by the law exploration derived from the Qur'an, Hadith, and fiqh principles that prioritize the children interests based on Maqasid al-Shariah.

Increase in Marriage Dispensation at the Giri Menang Religious Court West Lombok NTB

Marrying underage is highly discouraged considering the many negative impacts that can be caused. considering the many negative impacts that can be caused. Starting from problems health, mental readiness, emotional maturity, economy to the way of thinking. In Article 7 of Law Number 16 of 2019 concerning marriage is explained in Paragraph 1 which reads Marriage is only permitted if the man and woman have reached the age of 19 years. Reach the age of 19 years. However, if someone wants to get married, the man and woman have not reached the age specified by the law, it is permissible to apply for marriage dispensation at the Religious Court. This research focuses on the issue of the procedure for applying for marriage dispensation and what are the factors behind the rampant the background of the rampant submission of marriage dispensation, and what are the considerations of judges Giri Menang Religious Court in granting dispensation of marriage. This study uses a qualitative field research method. Data collection techniques using observation methods, interviews and documentation, and analyzed qualitatively. Findings in this study it is known that the Panel of Judges when granting dispensation. Due to several factors including factors of pregnancy outside of marriage, length of courtship, and elopement (selarian) then refers to the dharuri the benefit that is dharuriyah for the applicant, namely in terms of maintaining the soul and offspring. preserving the soul and offspring

INTERPRETATIONS OF NAFKAH, GENDER RELATIONS, AND MOTIVATIONS FOR DIVORCE: A CASE STUDY OF DIVORCE LAWSUITS AT THE KEDIRI CITY RELIGIOUS COURT

The phenomenon of high divorce in Indonesian religious courts or Muslim communities causes government anxiety and raises cynical public opinion. Economic considerations are frequently referred to as the excuse for the wife's lawsuit. Data from the Kediri City Religious Court shows that there is a tendency for wives to file for divorce first. Not without justification, it is frequently prompted by the husband's perceived inability to satisfy the wife's requirements. The use of nafkah reasons in divorce can reveal that there is a contradictory tendency; on the one hand, women tend to charge a nafkah to men, and on the other hand, there is a tendency not to charge a nafkah to men or are willing to work to make ends meet. Divorce may not be a factor in limited economic conditions, but the perception of nafkah obligations imposed on husbands. It is critical to recognize that attempts to avoid divorce cannot be based just on economic empowerment but rather on cultural and religious ideas on partnerships and the separation of husband and wife roles. , this article examines the relationship between a contested divorce and economic conditions and perceptions of gender relations in the family, especially in earning a nafkah, to clarify this contradiction. Using a phenomenological approach. The economic reasons that have led wives to divorce are solely due to emptiness and even an emotional drought of love between husbands' wives. The indulgence of husband and wife in dividing household roles from transitional to egalitarian ideology also requires attention and respect for each other.

Analysis of Religious Court Decisions Regarding Heir Rights for Non-Muslims

Section 171 concerning person who inherits and heir must be a Muslim who has blood relations or marital relations. In case 04/Pdt/2013/ the Bandung Religious Court determined the share of non-Muslim inheritance on the pretext of using a mandatory will. For this reason, research within literature method for case analysis of 04/Pdt/2013/PA Bandung. The results target of this study is determination of Muslim heirs by non-Muslims who are determined by Bandung Religious Court Judge through the determination path number 04/Pdt/2013, if measured through perspective of Islamic Sharia. The judge's determination contradicts the opinion based on the hadith that Muslims do not inherit from infidels and vice versa. Significantly shows the existence of an embargo to become heirs and heirs between people who are Muslims and Non-Muslim. Meanwhile, PA Bandung judges are guided by handful of opinions whose basis is based on general hadith of Prophet and does not discuss inheritance.

Konsep Back to Ex Husband dalam Perspektif Islam

There was a divorce that broke the relationship between a husband and a wife. But there are other attempts to unite the couple through one word called reference. This study aims to describe and analyze the different references and reference procedures between the KHI and some of the Mazhab views. The research carried out using library research with the collection of data obtained from the study of the library (library research). The data received is divided into two primary data and secondary data. Furthermore, the data analysis techniques in this research are qualitative with deductive-inductive reasoning. The results of the study show that there is a reference difference in the view of the mazhab and KHI which is the maintenance of marriage. According to Mahab Shafi'i, the reference is to restore the status of marriage law in the midst of 'iddah after the occurrence of talak Raj'i. According to the hambali reference was to return to the state of the wife after the happening of the talak raj'i and is still in the iddah without repeating the interruption. Meanwhile, according to Imam Malik the referral is the return of the wives who have been interrogated other than Ba'in, with without doing interruptions and in the time of iddah. The husband who commits a ruse is a man who is lawful, reasonable, self-righteous, and not a murderer. According to Mazhab Syafi'i, the reference must be expressed in a clear or concise manner. However, according to the scholars, including Mazhab Hanafi, referrals are usually performed orally and are usually also performed directly by spouses. When the husband and wife of the village office are required to request a letter of reference for reference to KUA by showing an act of divorce issued by the Religious Court then to the office of religious affairs with the purpose of informing the KUA to reference, conducting examination, paying the fees of the registrar of references then issued the testimony has made a reference published by KUA and revoking the marriage book

Intersection of Jurisdiction in Resolving Sharia Banking Disputes in General Court

After the Constitutional Court Decision No.93/PUU-X/2012, there were still sharia banking disputes, which were resolved through the General Courts. As in the Padang District Court Decision No. 27/Pdt.G.S/2022/PN Pdg. This study aims to unravel the intersection of jurisdiction in resolving sharia banking disputes after Constitutional Court Decision. This study uses normative juridical methods. The results of the study show that after the Constitutional Court Decision, there is still legal uncertainty in the settlement of sharia banking disputes due to the existence of Article 50 paragraph (2) of the Law 7/1989 on Religious Courts. These provisions have resulted in a blurring of the points of contact for the authority to adjudicate the Religious Courts and the General Courts in resolving property rights disputes, unlawful acts disputes (PMH), and consumer disputes.

Implementation of Application for Recognition of Illegitimate Children Based on Judge's Determination (Religious Court Determination Study Number 161/PDT.P/2023/PA.TNK)

Implementation of Application for Recognition of Illegitimate Children Based on Judge's Determination (Religious Court Determination Study Number 161/PDT.P/2023/PA.TNK)

ANALISIS KEDUDUKAN ANAK HASIL PERKAWINAN SIRRI DALAM PEMBAGIAN WARIS PERSPEKTIF HUKUM ISLAM DI PENGADILAN AGAMA SORONG

This research discusses the analysis of the position of children resulting from unregistered marriages in the division of inheritance from an Islamic legal perspective at the Sorong Religious Court. The aim of this research is to analyze the position of children resulting from unregistered marriages and analyze the form of determining inheritance for children resulting from unregistered marriages from an Islamic legal perspective at the Sorong Religious Court. This type of research is field research. Data collection methods through literature studies and interviews. Data analysis takes the form of qualitative descriptive analysis through a process of data reduction, data presentation, and conclusions or verification. The results of this research are: 1. The position of children resulting from unregistered marriages only has a civil relationship with the mother and her mother's family. However, children resulting from unregistered marriages can have a civil relationship with their father if it can be proven. 2. For children resulting from an unregistered marriage to receive inheritance from their parents, their parents' marriage must first be ratified. Once proven, the child can receive his share of inheritance as legitimate children in general.

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts

Legal Legality of Pregnant Marriage in Indonesia Study on the Application of Khi Article 53 in Mlati District Prospective Fatwa Abno Taymiyah

Formulating the Compilation of Islamic Law is inseparable from the growth and development of Islamic law and the institution of the Religious Courts before and after the Indonesian people proclaimed their independence on August 17, 1945. So the Indonesian people who are Muslim, The Religious Courts, the Ulama, and all components related to the determination of KHI agree that the compilation of Islamic Law is Islamic law, which is the source of law to solve the problem of pregnant marriage in Indonesia. However, in the day-to-day application of this decree, an interesting problem occurred, which was partly that the Mlati community did tajwid al-Nikah. A question! Why did they remarry? They answered that because they considered the marriage they were having at KUA, there were doubts, and they were not legal. "This event is repeated, so that if accumulated since 2017-2019 in the District of Mlati, as much as 75 percent of those who do tajdii du al-Nikah. Based on this background, the research question is: How is the application of KHI in article 53 in community life in the district of Mlati perspective in Ibnu Taimiyyah review, and what references are used to compile compilation of Islamic Law? The theoretical framework used is the theory of legal effectiveness, the view of mazhab-maz hab Islam, including al-Hanafiyyah, al-Malikiyyah, al-Syafi'iyyah, al-Hanbaliyyah, and mazhab al-Zahiriyyah and Ibnu Taimiyyah's though. The research methodology is library research. The nature of this dissertation research is descriptive research and verification research. This research approach uses a philosophical approach, a historical approach, and a normative approach. The conclusions are: The application of pregnant marriage in the sub-district of Mlati Sleman from the perspective of Ibnu Taimiyyah's fatwa is invalid, and are 13 books used to compile the compilation of Islamic law.

The Existence and Development of Compilation of Sharia Economic Law (KHES) and Its Urgency in Resolving Sharia Economic Law Disputes in Indonesia

This research delves into Sharia Economic Law (KHES) as a regulatory framework for resolving Sharia economic disputes in Indonesia, examining its historical, political, and philosophical dimensions alongside its practical urgency. Employing a qualitative literature review, it analyzes secondary data from various sources such as books, journals, and research findings to elucidate KHES's development and its significance in dispute resolution. KHES was established in response to Law No. 3 of 2006, which expanded the jurisdiction of Religious Courts in Sharia economic matters. It harmonizes diverse scholarly opinions from traditional sources like fiqh texts and fatwas issued by DSN-MUI, providing a legal compass for Muslim economic activities. Despite not being formally ranked within Indonesia's legislative hierarchy, KHES, born out of PERMA No. 2 of 2008, serves as a key legal reference for Religious Court judgments and informs legal deliberations on Sharia economic issues. Efforts are underway to potentially elevate its status to that of Government Regulations, ensuring its broader enforceability within the Indonesian legal system.

SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.

Ethnography of Legal Aid Post-Room: A Review of Equality in Legal Services at the Surabaya Religious Court

This article explores the opportunities and difficulties that exist for affective control in the Legal Aid Post-Room of the Religious Court (Pengadilan Agama) of Surabaya. Humans and non-human entities coexist in this space, entwined in a relational way to be present together. The ethnographic methodology was selected to get empirical data gathered via five months of observation and interactive discussion. Regarding interpersonal relationships, language use, and the physical space of the Legal Aid Post, the paper contends that Legal Aid workers, informants, and guests are all intertwined. The research findings show ethnographically the atmosphere of the service and reporting process in the Legal Aid Post space as part of the performance in the theater of equality and non-discrimination to demonstrate the sympathetic attitude of Legal Aid officers towards informants. These findings ultimately affirm the presence of emotional atmospheres at certain moments in the Legal Aid Post space, necessitating officers to exhibit creativity. The focus on linguistic expressions to approach feelings and atmospheres in the Legal Aid Post space, in turn, can affect the quality of service. The role of material arrangement, semantic content, and affective experience is utilized to serve the impoverished community in shaping their experiences in seeking justice and the semantic content of what is said

Substansi Sighat Ta’lik Talak Guna Menjaga Keutuhan Rumah Tangga Perspektif Hukum Islam

Sighat ta'lik was formulated to protect the wife from the husband's arbitrariness, if the wife is not willing to accept her husband's treatment, the wife can file a divorce suit based on the fulfillment of the conditions for ta'lik talak mentioned at the beginning. The reality is that many divorces are caused by husbands' negligence towards their wives in terms of taking care of them, providing support and respecting women. In this case, the function of ta'lik divorce can be seen which binds the husband's responsibility towards his wife. This research is library research. The approach that researchers use is the statutory approach, which is an approach carried out by analyzing the rules and regulations related to the legal issue. To obtain data, researchers studied existing theories and then analyzed them and linked them to the substance of Sighat Ta'lik Talak to maintain household integrity from an Islamic legal perspective. The research results show that the ta'lik talak agreement is not an agreement that must be entered into at every marriage. However, once the divorce agreement has been agreed, it cannot be revoked. In line with the contents of the sighat ta'lik talak, ta'lik talak in the Indonesian Marriage Laws is also included in the marriage agreement article. The legal implications that can arise are if the husband violates the vow of ta'lik talak, then it can be categorized as a violation, and this violation can be used as a reason for the wife to file a divorce suit with the religious court.

Mengatasi Permasalahan Administrasi Pernikahan dan Kependudukan Melalui Inovasi Pelayanan Publik Jalan Berdua di Kota Pasuruan

The marriage registration process is one of the important stages in validating a marriage legally. This process often requires complex efforts, takes time and costs significant money, especially for couples who come from areas far from population administration offices or religious courts. To overcome this challenge, the Pasuruan City Government has introduced an innovative Double Road service. This service allows couples to register their marriage as well as change their marital status on their Family Card and Electronic KTP documents. This second road innovation has the impact of improving population administration services regarding changes in marital status on Family Cards and Electronic KTPs. This research aims to describe the problems that arise in the Innovation program and the efforts made to overcome the problems that arise in the Dual Road Innovation program in Pasuruan City. This research uses a qualitative descriptive approach with primary and secondary data sources. Primary data was obtained through interviews, observation and documentation related to Jalan Berdua innovation. Secondary data is in the form of documents related to research. Data collection techniques involve observation, open interviews, and documentation. This research will provide an overview of the problems faced in implementing the Double Road Innovation in Pasuruan City and the efforts that have been made to overcome them. The results of this research are: Overall, the Jalan Berdua program in Pasuruan City is a successful example of how innovation in population administration services can improve efficiency, accessibility, community satisfaction, inter-agency cooperation, and effective use of data.

Hukum Adat sebagai Pertimbangan Hakim dalam Mengabulkan Permohonan Dispensasi Nikah dan Akibatnya (Studi Kasus Pengadilan Tulang Bawang Tengah)

Granting a marriage dispensation to underage children who will be married is an example of a legal decision which will undoubtedly have a direct impact from a legal perspective. The purpose of this research is to find out what customary law is taken into consideration by judges at the Tulang Bawang Tengah Religious Court in granting requests for marriage dispensation and the impact of marriage dispensation on the Tulang Bawang Tengah community. This type of research uses Field Research which is carried out at the Tulang Bawang Tengah Religious Court, with a qualitative descriptive research approach, namely clearly describing and describing customary law as a judge's consideration in granting marriage dispensations and the consequences based on existing facts. The data management process uses the interview method to obtain accurate information regarding customary law for the judge's consideration in granting requests for marriage dispensation and its consequences. The results of this research are that the judge's consideration in granting a marriage dispensation is because the legal requirements have been fulfilled, and the considerations are outside the law. Meanwhile, in cases of dispensation for pregnancy out of wedlock, the panel of judges considered granting the request for dispensation from marriage because it was very urgent, and to provide guarantees of protection as per the elements in Islamic legal philosophy, namely legal certainty, justice and benefit for women and children who are born so that they have a clear legal status. And if it is not granted, it will cause wider harm to both the family and the prospective bride and groom. Thus, the consideration of the Panel of Judges is the last resort.

Judicial reasoning of religious court judges in compulsory bequests to non-muslim heirs

Judicial reasoning of religious court judges in compulsory bequests to non-muslim heirs

Child Marriage Prevention Strategy in the Regional Development Planning Board of Bone Regency

This research aims to analyze the effectiveness of the Child Marriage Prevention Strategy program implemented by the Regional Development Planning Agency (Bappeda) in preventing child marriage in Bone Regency. The study employs a qualitative descriptive analysis method through a case study in Bone Regency. Data was collected through interviews with Bappeda, the Women Empowerment and Child Protection Agency (DP3AP2KB), the Ministry of Religious Affairs (Kemenag), and the Watampone Class 1A Religious Court. The findings reveal that the implementation of the Child Marriage Prevention Strategy program in Bone Regency involves collaboration among various sectors and stakeholders committed to preventing child marriage. This mechanism encompasses several steps, including coordination meetings with various stakeholders, and monitoring, and evaluating the implementation and success of programs undertaken by each stakeholder in preventing child marriage in Bone Regency. The effectiveness of the Child Marriage Prevention Strategy program implemented by Bappeda Bone Regency has been proven effective in preventing child marriage, as evidenced by a significant decrease in the number of child marriages and dispensation for marriage cases at the Watampone Class 1A Religious Court in Bone Regency. The Child Marriage Prevention Strategy implemented by Bappeda Bone Regency represents a crucial effort to prevent child marriage, aligning with the principles of Islamic Family Law that prioritize child protection and well-being.

Meninjau Alasan Penyebab Cerai di Kabupaten Magelang

Divorce is something that is undesirable for every husband and wife. However, as time goes by, every family will experience great disagreements or conditions that make the decision to divorce a last resort. Divorce can only be done in front of a court hearing. The Religious Court is the judicial institution that has the authority to decide on these cases. As with marriage, divorce must also be based on strong reasons underlying the lawsuit. Through this research, the author and researcher hopes that the research results can be used as a reference or learning material regarding the reasons why someone sues their partner for divorce. This research was prepared using normative juridical methods which were presented descriptively and supported by literature study. This research was also prepared to explore the causes of divorce that occurred in Magelang Regency in 2023, whether divorce divorce or divorce lawsuits filed by husband and wife to the Mungkid Class IA Religious Court as an authorized court and in accordance with its absolute and relative competence.