Lilik Andaryuni - Academia.edu (original) (raw)
Papers by Lilik Andaryuni
The background of this study is the existence of various etnics, tribes, and culture in Indonesia... more The background of this study is the existence of various etnics, tribes, and culture in Indonesia. The diversity becomes social power to develop the nation. The conflicts, happened in some places in Indonesia, are the pictures how diversity could create violenceand and lost. That is why, the multiculturalism education is important to be developed. STAIN Samarinda, which is the only one Islamic higher education in Kalimantan Timur, also concerns to this issue. This study shows that the implemetation of multiculturalism education at STAIN Samarinda running well. STAIN Samarinda implements the multiculturalism education by: (a) making MoU with some social institutions, social groups, banks, and others. (b) considering gender; there is no gender discrimination at STAIN Samarinda. (c) making students’ center activities, such as: BEM, UKM band, UKM teater iqra’, KSR, boy-scouts, and others. In terms of the strategy in enriching multiculturalism values, STAIN Samarinda put this subject into the process of learning at STAIN Samarinda.
Mazahib: Jurnal Pemikiran Hukum Islam, Jun 30, 2018
Human rights guaranteed by the Constitution require, among other things, that every citizen shoul... more Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their rights. Their legal problems mainly come from their unregistered marriages which make their unions do not exist according to the effective law. Hence, this article analyzes how the program of the legalization of unregistered marriages (isbat nikah) in PA Tenggarong has been implemented in order to assist the justice seekers in securing the legal certainty of marriage status. The finding reveals that the process of the legalization of marriage is conducted as a circuit marriage contract in different subdistrict/village office or decent premises across Kutai Barat and Kutai Kartanegara. The program is free for eligible parties and is facilitative towards their needs and conditions, namely lacks of legal documents, ignorance of the litigation procedures, and afar domicile. This thus makes PA Tenggarong now more accessible to the public
Jurnal Sipakalebbi, 2013
Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestric... more Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestricted and restricted. Family law policy on polygamy among Muslim worlds differs even they have similar schools of thought. Tahir Mahmood categorizes polygamous regulations for six: (1). Allowing polygamy totally (2) polygamy can be a reason for divorce (3) Polygamy must get permission from court (4) Restriction from social control (5) forbidden polygamy totally (6) Breaking polygamous regulation should be punished. Polygamy is restricted in Turkey and Tunis, while in Syria, Somalia, Egypt and Indonesia is allowed with some requirements which are quite restricted. Relasi gender dalam hukum keluarga menurut Elizabeth H. White ada dua, yaitu relasi yang tidak membatasi hak-hak perempuan (unrestricted) dan relasi yang membatasinya (restricted). Aturan poligami dalam hukum keluarga di dunia Islam satu sama lain tidaklah sama, meskipun menganut mazhab yang sama. Tahir Mahmood memilah aturan poligami dalam hukum keluarga menjadi enam kelompok; (1) boleh poligami secara mutlak, (2) poligami dapat menjadi alasan cerai, (3) poligami harus ada izin dari Pengadilan, (4) pembatasan lewat kontrol sosial, (5) poligami dilarang secara mutlak, dan (6) dikenakan hukuman bagi yang melanggar aturan tentang poligami. Di Turki dan Tunisia, poligami dilarang keras, sementara Syria, Somalia, Mesir, dan Indonesia membolehkan poligami dengan persyaratan yang berupaya untuk memperkecil terjadinya poligami.
Fenomena: jurnal penelitian, Jun 1, 2012
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later.
At-Tawazun, Journal of Islamic Economics and Law, Jul 9, 2021
QONUN: Jurnal Hukum Islam dan Perundang-undangan, Jun 29, 2021
Istinbath: Jurnal Hukum Islam IAIN Mataram, Jun 1, 2017
The rising rate of divorce initiated by women (cerai gugat) in East Kalimantan, especially in Sam... more The rising rate of divorce initiated by women (cerai gugat) in East Kalimantan, especially in Samarinda, has been stimulated by many causes, ranging from continuous disharmony, economic problems, love affairs, to lack of spousal responsibility, especially husbands, which constitute the most prominent cause of divorce. By leaving their wife irresponsibly, husbands violate the conditions that can generate divorce claim by wives. 235 divorces out of total 237 cases are concerned with the violation of contingent repudiation (ta'liq talaq). All were decided without defendants' presence (verstek) except two cases where both plaintiff and defendant were present. This study argues that verstek decision, since it is given in a relatively fast procedure, become the best mechanism for women to seek justice and to end their uncertain status after being neglected by their husband. This is relevant to the court principle where justice is simple, fast and cheap. This principle is laid down in Chapter 4 (2) of Law 48/2009 about Court Power and Competence
The background of this study is the existence of various etnics, tribes, and culture in Indonesia... more The background of this study is the existence of various etnics, tribes, and culture in Indonesia. The diversity becomes social power to develop the nation. The conflicts, happened in some places in Indonesia, are the pictures how diversity could create violenceand and lost. That is why, the multiculturalism education is important to be developed. STAIN Samarinda, which is the only one Islamic higher education in Kalimantan Timur, also concerns to this issue. This study shows that the implemetation of multiculturalism education at STAIN Samarinda running well. STAIN Samarinda implements the multiculturalism education by: (a) making MoU with some social institutions, social groups, banks, and others. (b) considering gender; there is no gender discrimination at STAIN Samarinda. (c) making students’ center activities, such as: BEM, UKM band, UKM teater iqra’, KSR, boy-scouts, and others. In terms of the strategy in enriching multiculturalism values, STAIN Samarinda put this subject int...
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later. Key-word: A. PENDAHULUAN Semangat untuk menegakkan syari’at Islam di Indonesia 1 tampaknya tidak pernah padam. Hal ini tampak dari pergulatan politik nasional belakangan ini, yang menunjukkan realitas sejumlah partai Islam...
FENOMENA, 2012
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later.
Jurnal Sipakalebbi, 2013
Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestric... more Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestricted and restricted. Family law policy on polygamy among Muslim worlds differs even they have similar schools of thought. Tahir Mahmood categorizes polygamous regulations for six: (1). Allowing polygamy totally (2) polygamy can be a reason for divorce (3) Polygamy must get permission from court (4) Restriction from social control (5) forbidden polygamy totally (6) Breaking polygamous regulation should be punished. Polygamy is restricted in Turkey and Tunis, while in Syria, Somalia, Egypt and Indonesia is allowed with some requirements which are quite restricted. Relasi gender dalam hukum keluarga menurut Elizabeth H. White ada dua, yaitu relasi yang tidak membatasi hak-hak perempuan (unrestricted) dan relasi yang membatasinya (restricted). Aturan poligami dalam hukum keluarga di dunia Islam satu sama lain tidaklah sama, meskipun menganut mazhab yang sama. Tahir Mahmood memilah aturan poligami dalam hukum keluarga menjadi enam kelompok; (1) boleh poligami secara mutlak, (2) poligami dapat menjadi alasan cerai, (3) poligami harus ada izin dari Pengadilan, (4) pembatasan lewat kontrol sosial, (5) poligami dilarang secara mutlak, dan (6) dikenakan hukuman bagi yang melanggar aturan tentang poligami. Di Turki dan Tunisia, poligami dilarang keras, sementara Syria, Somalia, Mesir, dan Indonesia membolehkan poligami dengan persyaratan yang berupaya untuk memperkecil terjadinya poligami.
Mazahib, 2018
Human rights guaranteed by the Constitution require, among other things, that every citizen shoul... more Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their ...
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan, 2021
Problems in fulfilling women's rights after divorce in Religious Courts still exist due to th... more Problems in fulfilling women's rights after divorce in Religious Courts still exist due to the weakness of supporting elements for the court decisions and their procedures, and obstacles from the ex-couples. Therefore, religious judges are expected to have sensitivity and support for women in making decisions with the value of justice, legal certainty, and benefit. This normative juridical study used statutory and conceptual approaches to explain the use of ex officio in fulfilling iddah and mut'ah living in the Samarinda Religious Court and its suitability to legal purposes. A literary study was done in collecting data by compiling secondary data related to the theme. Then, the data were analyzed using the qualitative descriptive method. Ex officio discourses and legal objectives theory were used to analyze the raised issues. Fulfilling iddah and mut'ah living through ex officio at the Samarinda Religious Court in talaq divorces refers to Supreme Court Regulation (PERMA...
AL-IHKAM: Jurnal Hukum & Pranata Sosial, 2020
Allegedly, some of judge’s verdicts are gender-biased that it makes this an interesting research ... more Allegedly, some of judge’s verdicts are gender-biased that it makes this an interesting research topic. This paper aims to observe gender sensitivity of judges’ verdicts in Samarinda and Magelang Religious Courts as the implementation of PERMA Number 03 of 2017 during 2017-2019. As empirical normative legal research, this study used a qualitative descriptive method as the data analysis. The findings of research are: First, judges’ verdicts, both in ṭalāq and divorce cases, in Magelang Religious Court showed very good gender sensitivity. The different condition occurred in ṭalāq divorce verdicts at Samarinda Religious Court during 2017 and 2018 although in 2019, it showed a little improvement on gender sensitivity. However, verdicts of divorce lawsuit from 2017 to 2019 did not show likewise and it was very poor in gender sensitivity. Second, in Magelang Religious Court, PERMA Number 03 of 2017 had been very well implemented whereas in Samarinda Religious Court, it did not so as there...
Samarah: Jurnal Hukum Keluarga dan Hukum Islam
The increase of the minimum marriage age is intended to reduce the number of child marriages. How... more The increase of the minimum marriage age is intended to reduce the number of child marriages. However, Article 7 section (2) of the marriage law revision states that marriage dispensation can be requested for emergency reasons if a deviation takes place. Consequently, marriage dispensations in various regions have drastically increased after the revision. Hence, judges’ active role is needed to adjudicate this case, including classifying the criteria of emergency reasons and judges’ considerations to grant the application of marriage dispensation. This study was normative and empirical legal research, and collected data through documentation and library study. The data source was secondary data in the form of primary legal materials, including Law no. 1 of 1974 concerning marriage, Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974, the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases and Granting Marriage Dis...
Pornography is like an octopus that plagued the whole society. Background of many factors, among ... more Pornography is like an octopus that plagued the whole society. Background of many factors, among others, women's fashions, the media, including internet. Various regulations were issued to mute it. Still can not stem its spread. Pornography is located between the ethical and aesthetic dimensions. Talk about moral ethics, aesthetics are talking about the beauty of Islamic law has its own rules of procedure and ethics association of dress.
Hikmah: Journal of Islamic Studies
If we look at the concept of inheritance in Turkey and Somalia, it is different from the determin... more If we look at the concept of inheritance in Turkey and Somalia, it is different from the determination which is set by the Al-Qur’an, it can even be said to deviate from the al-Qur’an. Turkey is the country with a Hanafi thought, and Somalia is the country with a Syafii thought but in the determination of its inheritance it stipulates the same division, in the meaning that women and men get the same share in terms of the distribution of inheritance, namely 1: 1. Whether the formula 1: 1 mean that it has deviated from the provisions of the Qur’an, whether the formula 2: 1 which the Qur’an has set is not worth justice, then what are the inheritance of women rights in Turkish and Somali family law? What is the purpose of the renewal and what methods are used by the two countries in renewing family law and its progress from traditional figh? These are the questiona which the authors try to answer by tracing various data sources with a focus on the discussion of Turkey and Somalia. This ...
FENOMENA
Raising statistic divorce from year to year increased, make Supreme Court take various efforts, a... more Raising statistic divorce from year to year increased, make Supreme Court take various efforts, among others make the role of mediation in the Religious Court (PERMA No. 1 Tahun 2016). This article discusses the effectiveness of mediation in the Religious Court in order to minimize statistic divorce in the Religious Court East Kalimantan.
FENOMENA, Dec 1, 2017
The cause of the high number wife-initiated divorce is due to many factors, such as women underst... more The cause of the high number wife-initiated divorce is due to many factors, such as women understanding about gender is good, with some indicators; they understanding of rights in family, positive perception about carrier women. Gender understanding affected of economic independence, education, behaviour and co-worker.
The background of this study is the existence of various etnics, tribes, and culture in Indonesia... more The background of this study is the existence of various etnics, tribes, and culture in Indonesia. The diversity becomes social power to develop the nation. The conflicts, happened in some places in Indonesia, are the pictures how diversity could create violenceand and lost. That is why, the multiculturalism education is important to be developed. STAIN Samarinda, which is the only one Islamic higher education in Kalimantan Timur, also concerns to this issue. This study shows that the implemetation of multiculturalism education at STAIN Samarinda running well. STAIN Samarinda implements the multiculturalism education by: (a) making MoU with some social institutions, social groups, banks, and others. (b) considering gender; there is no gender discrimination at STAIN Samarinda. (c) making students’ center activities, such as: BEM, UKM band, UKM teater iqra’, KSR, boy-scouts, and others. In terms of the strategy in enriching multiculturalism values, STAIN Samarinda put this subject into the process of learning at STAIN Samarinda.
Mazahib: Jurnal Pemikiran Hukum Islam, Jun 30, 2018
Human rights guaranteed by the Constitution require, among other things, that every citizen shoul... more Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their rights. Their legal problems mainly come from their unregistered marriages which make their unions do not exist according to the effective law. Hence, this article analyzes how the program of the legalization of unregistered marriages (isbat nikah) in PA Tenggarong has been implemented in order to assist the justice seekers in securing the legal certainty of marriage status. The finding reveals that the process of the legalization of marriage is conducted as a circuit marriage contract in different subdistrict/village office or decent premises across Kutai Barat and Kutai Kartanegara. The program is free for eligible parties and is facilitative towards their needs and conditions, namely lacks of legal documents, ignorance of the litigation procedures, and afar domicile. This thus makes PA Tenggarong now more accessible to the public
Jurnal Sipakalebbi, 2013
Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestric... more Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestricted and restricted. Family law policy on polygamy among Muslim worlds differs even they have similar schools of thought. Tahir Mahmood categorizes polygamous regulations for six: (1). Allowing polygamy totally (2) polygamy can be a reason for divorce (3) Polygamy must get permission from court (4) Restriction from social control (5) forbidden polygamy totally (6) Breaking polygamous regulation should be punished. Polygamy is restricted in Turkey and Tunis, while in Syria, Somalia, Egypt and Indonesia is allowed with some requirements which are quite restricted. Relasi gender dalam hukum keluarga menurut Elizabeth H. White ada dua, yaitu relasi yang tidak membatasi hak-hak perempuan (unrestricted) dan relasi yang membatasinya (restricted). Aturan poligami dalam hukum keluarga di dunia Islam satu sama lain tidaklah sama, meskipun menganut mazhab yang sama. Tahir Mahmood memilah aturan poligami dalam hukum keluarga menjadi enam kelompok; (1) boleh poligami secara mutlak, (2) poligami dapat menjadi alasan cerai, (3) poligami harus ada izin dari Pengadilan, (4) pembatasan lewat kontrol sosial, (5) poligami dilarang secara mutlak, dan (6) dikenakan hukuman bagi yang melanggar aturan tentang poligami. Di Turki dan Tunisia, poligami dilarang keras, sementara Syria, Somalia, Mesir, dan Indonesia membolehkan poligami dengan persyaratan yang berupaya untuk memperkecil terjadinya poligami.
Fenomena: jurnal penelitian, Jun 1, 2012
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later.
At-Tawazun, Journal of Islamic Economics and Law, Jul 9, 2021
QONUN: Jurnal Hukum Islam dan Perundang-undangan, Jun 29, 2021
Istinbath: Jurnal Hukum Islam IAIN Mataram, Jun 1, 2017
The rising rate of divorce initiated by women (cerai gugat) in East Kalimantan, especially in Sam... more The rising rate of divorce initiated by women (cerai gugat) in East Kalimantan, especially in Samarinda, has been stimulated by many causes, ranging from continuous disharmony, economic problems, love affairs, to lack of spousal responsibility, especially husbands, which constitute the most prominent cause of divorce. By leaving their wife irresponsibly, husbands violate the conditions that can generate divorce claim by wives. 235 divorces out of total 237 cases are concerned with the violation of contingent repudiation (ta'liq talaq). All were decided without defendants' presence (verstek) except two cases where both plaintiff and defendant were present. This study argues that verstek decision, since it is given in a relatively fast procedure, become the best mechanism for women to seek justice and to end their uncertain status after being neglected by their husband. This is relevant to the court principle where justice is simple, fast and cheap. This principle is laid down in Chapter 4 (2) of Law 48/2009 about Court Power and Competence
The background of this study is the existence of various etnics, tribes, and culture in Indonesia... more The background of this study is the existence of various etnics, tribes, and culture in Indonesia. The diversity becomes social power to develop the nation. The conflicts, happened in some places in Indonesia, are the pictures how diversity could create violenceand and lost. That is why, the multiculturalism education is important to be developed. STAIN Samarinda, which is the only one Islamic higher education in Kalimantan Timur, also concerns to this issue. This study shows that the implemetation of multiculturalism education at STAIN Samarinda running well. STAIN Samarinda implements the multiculturalism education by: (a) making MoU with some social institutions, social groups, banks, and others. (b) considering gender; there is no gender discrimination at STAIN Samarinda. (c) making students’ center activities, such as: BEM, UKM band, UKM teater iqra’, KSR, boy-scouts, and others. In terms of the strategy in enriching multiculturalism values, STAIN Samarinda put this subject int...
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later. Key-word: A. PENDAHULUAN Semangat untuk menegakkan syari’at Islam di Indonesia 1 tampaknya tidak pernah padam. Hal ini tampak dari pergulatan politik nasional belakangan ini, yang menunjukkan realitas sejumlah partai Islam...
FENOMENA, 2012
Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and on... more Spirit to apply syariah Islam in various areas in Indonesia apparently never extinguished, and one of them is in NAD. Application of syariah Islam in Aceh actually parses various criticisms and arguments; in fact the case that the application of syariah Islam in NAD is a gift from the central government, because of there is a concern from central of NAD will separate from NKRI. Formalization (canonization) of Islam law is a way to safely the law of Islam. Therefore, the law of Islam that has been formalized in the form of regulation/canon, so that in the application caused no pros and cons from various parties, better prepared well, both in terms of material, readiness of human resources also the local readiness to execute it, thus caused no productive cons later.
Jurnal Sipakalebbi, 2013
Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestric... more Gender relation in family law, according to Elizabeth H. White, divides into two namely unrestricted and restricted. Family law policy on polygamy among Muslim worlds differs even they have similar schools of thought. Tahir Mahmood categorizes polygamous regulations for six: (1). Allowing polygamy totally (2) polygamy can be a reason for divorce (3) Polygamy must get permission from court (4) Restriction from social control (5) forbidden polygamy totally (6) Breaking polygamous regulation should be punished. Polygamy is restricted in Turkey and Tunis, while in Syria, Somalia, Egypt and Indonesia is allowed with some requirements which are quite restricted. Relasi gender dalam hukum keluarga menurut Elizabeth H. White ada dua, yaitu relasi yang tidak membatasi hak-hak perempuan (unrestricted) dan relasi yang membatasinya (restricted). Aturan poligami dalam hukum keluarga di dunia Islam satu sama lain tidaklah sama, meskipun menganut mazhab yang sama. Tahir Mahmood memilah aturan poligami dalam hukum keluarga menjadi enam kelompok; (1) boleh poligami secara mutlak, (2) poligami dapat menjadi alasan cerai, (3) poligami harus ada izin dari Pengadilan, (4) pembatasan lewat kontrol sosial, (5) poligami dilarang secara mutlak, dan (6) dikenakan hukuman bagi yang melanggar aturan tentang poligami. Di Turki dan Tunisia, poligami dilarang keras, sementara Syria, Somalia, Mesir, dan Indonesia membolehkan poligami dengan persyaratan yang berupaya untuk memperkecil terjadinya poligami.
Mazahib, 2018
Human rights guaranteed by the Constitution require, among other things, that every citizen shoul... more Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their ...
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan, 2021
Problems in fulfilling women's rights after divorce in Religious Courts still exist due to th... more Problems in fulfilling women's rights after divorce in Religious Courts still exist due to the weakness of supporting elements for the court decisions and their procedures, and obstacles from the ex-couples. Therefore, religious judges are expected to have sensitivity and support for women in making decisions with the value of justice, legal certainty, and benefit. This normative juridical study used statutory and conceptual approaches to explain the use of ex officio in fulfilling iddah and mut'ah living in the Samarinda Religious Court and its suitability to legal purposes. A literary study was done in collecting data by compiling secondary data related to the theme. Then, the data were analyzed using the qualitative descriptive method. Ex officio discourses and legal objectives theory were used to analyze the raised issues. Fulfilling iddah and mut'ah living through ex officio at the Samarinda Religious Court in talaq divorces refers to Supreme Court Regulation (PERMA...
AL-IHKAM: Jurnal Hukum & Pranata Sosial, 2020
Allegedly, some of judge’s verdicts are gender-biased that it makes this an interesting research ... more Allegedly, some of judge’s verdicts are gender-biased that it makes this an interesting research topic. This paper aims to observe gender sensitivity of judges’ verdicts in Samarinda and Magelang Religious Courts as the implementation of PERMA Number 03 of 2017 during 2017-2019. As empirical normative legal research, this study used a qualitative descriptive method as the data analysis. The findings of research are: First, judges’ verdicts, both in ṭalāq and divorce cases, in Magelang Religious Court showed very good gender sensitivity. The different condition occurred in ṭalāq divorce verdicts at Samarinda Religious Court during 2017 and 2018 although in 2019, it showed a little improvement on gender sensitivity. However, verdicts of divorce lawsuit from 2017 to 2019 did not show likewise and it was very poor in gender sensitivity. Second, in Magelang Religious Court, PERMA Number 03 of 2017 had been very well implemented whereas in Samarinda Religious Court, it did not so as there...
Samarah: Jurnal Hukum Keluarga dan Hukum Islam
The increase of the minimum marriage age is intended to reduce the number of child marriages. How... more The increase of the minimum marriage age is intended to reduce the number of child marriages. However, Article 7 section (2) of the marriage law revision states that marriage dispensation can be requested for emergency reasons if a deviation takes place. Consequently, marriage dispensations in various regions have drastically increased after the revision. Hence, judges’ active role is needed to adjudicate this case, including classifying the criteria of emergency reasons and judges’ considerations to grant the application of marriage dispensation. This study was normative and empirical legal research, and collected data through documentation and library study. The data source was secondary data in the form of primary legal materials, including Law no. 1 of 1974 concerning marriage, Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974, the Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases and Granting Marriage Dis...
Pornography is like an octopus that plagued the whole society. Background of many factors, among ... more Pornography is like an octopus that plagued the whole society. Background of many factors, among others, women's fashions, the media, including internet. Various regulations were issued to mute it. Still can not stem its spread. Pornography is located between the ethical and aesthetic dimensions. Talk about moral ethics, aesthetics are talking about the beauty of Islamic law has its own rules of procedure and ethics association of dress.
Hikmah: Journal of Islamic Studies
If we look at the concept of inheritance in Turkey and Somalia, it is different from the determin... more If we look at the concept of inheritance in Turkey and Somalia, it is different from the determination which is set by the Al-Qur’an, it can even be said to deviate from the al-Qur’an. Turkey is the country with a Hanafi thought, and Somalia is the country with a Syafii thought but in the determination of its inheritance it stipulates the same division, in the meaning that women and men get the same share in terms of the distribution of inheritance, namely 1: 1. Whether the formula 1: 1 mean that it has deviated from the provisions of the Qur’an, whether the formula 2: 1 which the Qur’an has set is not worth justice, then what are the inheritance of women rights in Turkish and Somali family law? What is the purpose of the renewal and what methods are used by the two countries in renewing family law and its progress from traditional figh? These are the questiona which the authors try to answer by tracing various data sources with a focus on the discussion of Turkey and Somalia. This ...
FENOMENA
Raising statistic divorce from year to year increased, make Supreme Court take various efforts, a... more Raising statistic divorce from year to year increased, make Supreme Court take various efforts, among others make the role of mediation in the Religious Court (PERMA No. 1 Tahun 2016). This article discusses the effectiveness of mediation in the Religious Court in order to minimize statistic divorce in the Religious Court East Kalimantan.
FENOMENA, Dec 1, 2017
The cause of the high number wife-initiated divorce is due to many factors, such as women underst... more The cause of the high number wife-initiated divorce is due to many factors, such as women understanding about gender is good, with some indicators; they understanding of rights in family, positive perception about carrier women. Gender understanding affected of economic independence, education, behaviour and co-worker.