Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, Aug 15, 2018
This research focuses on analyzing the position of Sharia Micro Finance Institution-Bank Wakaf Mi... more This research focuses on analyzing the position of Sharia Micro Finance Institution-Bank Wakaf Mikro (Lembaga Keuangan Mikro Syariah-Bank Wakaf Mikro/LKMS-BWM) in positive law. Furthermore, this research explores the management and activities of LKMS-BWM in empowering micro-businesses in D.I. Yogyakarta. This is normative legal research and focused on analyzing secondary data, specifically all regulations related to Syariah Micro Finance Institution. The research uses Statutory Approach and Conceptual Approach. The results of this research were analyzed qualitatively. This research finds that: (1) The legal position of LKMS-BWM is an institution incorporated as a Service Cooperative and has a business license known as Sharia Micro Finance Institution; (2) Management and activities of LKMS-BWM in D.I. Yogyakarta involves various stakeholders consisting of donors, LAZNAS BSM UMAT, BWM, and Productive Poor Communities. Financing activities are given in the form of social contracts (qardh) at the first stage and a business contract (tijārah) at the next stage according to the fatwa (Islamic instructions of rules) DSN-MUI.
Syariah unit link life insurance is Syariah Insuranc's product that provide benefits and investme... more Syariah unit link life insurance is Syariah Insuranc's product that provide benefits and investment protection by allowing participants to choose the type of investment themselves. This product is abainding by the regulations, including the obligation to implement syriah principle. One form of akad that is used in this product is akad wakalah bil ujrah which authorizes the insurance company to manage the charity fund and investment funds. Legal protection for policyholders and / or participants should be implemented in the insurance policy specifically related to legal protection in the event of a loss in risk management activities and / or investment management activities caused by the willful misconduct, negligence, or breach of contract made by the Company
This normative and empirical legal research analyses the nature of compulsory will (wasiyah al-wa... more This normative and empirical legal research analyses the nature of compulsory will (wasiyah al-wajib) according to the Compilation of Islamic Law and its implementation in Islamic court trial. We will also discuss a number of legal consideration deliberated by the judges when rendering a verdict in a compulsory will case. Penelitian hukum normatif dan empiris ini akan menganalisis sifat pengaturan wasiat wajibah dalam Kompilasi Hukum Islam dan implementasinya dalam pengadilan agama. Penelitian ini juga akan membahas beberapa pertimbangan hukum yang digunakan hakim ketika mengeluarkan putusan dalam suatu kasus pemberian wasiat wajibah.
The development ofIndonesian Islamic Inheritance Law shows by its changes and diferences in each ... more The development ofIndonesian Islamic Inheritance Law shows by its changes and diferences in each period oftime and its straight implemented by the Judge ofReligious Court of Yogyakarta Special Region in their decisions related to inheritance law. Keywords: the applied law, Islamic inheritance.
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2017
This research identify the revitalization of Badan Penasihatan, Pembinaan dan Pelestarian Perkawi... more This research identify the revitalization of Badan Penasihatan, Pembinaan dan Pelestarian Perkawinan (BP4) after The 14th BP4 National Conference in 2009, in performing Court-annexed mediation for Marital Dispute at Religious Court in D.I. Yogyakarta. This research founds several institutional transformation of BP4 including the Legal Basis, Institutional Form, Institutional Relation with Ministry of Religious Affair, Employement/Management Provisions, and Financial Provisions. In Performing Court-annexed mediation. BP4 in D.I. Yogyakarta has been cooperating with 2 (two) Religious Courts, both in Wonosari and Yogyakarta through Memorandum of Understanding in form of cooperation in the placement of certified mediator from BP4 and cooperation in funding the certified mediators. All Mediators are bound by Regulation of The Supreme Court No. 1 year 2016 concerning Procedures of Court-annexed Mediation, related to Types of Cases Mediated, Mediator’s Fee, Venue of Mediation, Pe...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2016
This research examine the development of regulation of wasiat wajibah, its legal consideration an... more This research examine the development of regulation of wasiat wajibah, its legal consideration and the implementation in Religious Court. This research founds the addition of legatee of wasiat wajibah which are children born out of wedlock, children in unregistered marriage, and stepchildren. The consideration of those addition are relation between Inheritance Law with Marriage Law System, relation of legal rights and responsibilities, status of children through Constitutional Court Decision No.46/PUU VIII/2010, the application of Qiyas method,, and the objective of justice in Inheritance law. In Religious Court, judges only give wasiat wajibah to children born out of wedlock. Penelitian ini meneliti perkembangan pengaturan wasiat wajibah dalam Sistem Hukum Kewarisan Islam di Indonesia, pertimbangan hukumnya, dan implementasinya pada Pengadilan Agama. Penelitian menemukan penambahan kelompok penerima wasiat wajibah yaitu anak yang lahir di luar perkawinan, anak yang lahir di dalam p...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2014
The objective of this research is to identify the interpretation of syiqaq as a legal reason in d... more The objective of this research is to identify the interpretation of syiqaq as a legal reason in divorce lawsuit and its procedural law implemented by the Religious Courts in Yogyakarta. This is an empirical normative research, using the literature research method and field research through Focus Group Discussion (FGD). This research found that syiqaq is interpreted as a specific form of an endless quarrelling which caused danger for either husband or wife. In practice, judges combine procedural law in divorce lawsuit based on syiqaq into the procedural law in other legal reason. Penelitian ini bertujuan untuk mengetahui interpretasi syiqaqsebagai alasan gugatan cerai oleh hakim dan praktek hukum acara penyelesaian perkara perceraian dengan alasan syiqaqyang diterapkan pada Pengadilan Agama di Daerah Istimewa Yogyakarta. Penelitian ini merupakan penelitian hukum normatif empiris, menggunakan metode penelitian kepustakaan dan penelitian lapangan melalui kegiatan Focus Group Discussion...
The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marria... more The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marriage by providing some additional provisions: the obligations to provide the urgency of marriage and the specific supporting evidence in proving the urgency. This article aims to examine the interpretations of judges in Religious Court on defining the urgency of child-age marriage and the implementation of the supporting evidence in cases of Dispensation of Marriage. Based on the identification, the author analyzes the main questions about the protection of children's rights on those interpretations. Based on the normative legal research that examines the Rulings of Religious Court on the case of Dispensation of Marriage, this article uses the Nonprobability Sampling techniques, specifically the purposive sampling which refers to certain criteria, the author finds the inconsistencies in the interpretation of the urgency of marriage and the implementation of providing the supporting evi...
This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which ma... more This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the volunta...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Identifying the interrelation between the Principle of Equality of Justice in Islamic Inheritance... more Identifying the interrelation between the Principle of Equality of Justice in Islamic Inheritance Law and the Principle of Non-discrimination in Supreme Court Regulation Number 3 years 2017 concerning Guidance on Presecuting Legal Cases Involving Women, this normative research conducts legal comparisons using a conceptual approach. This research finds the independence the Principle of Equality of Justice, due to the application of the principle which is not determined by the Supreme Court Regulation No.3 / 2017. Furthermore, the principle does not substantially contradict with the Principle of Non-discrimination.IntisariPenelitian ini didasarkan pada adanya persinggungan antara Asas Keadilan Berimbang dengan konsep non diskriminasi yang diusung oleh PERMA No. 3/2017. Asas Keadilan Berimbang membedakan bagian antara ahli waris perempuan dan ahli waris laki-laki, sementara PERMA No.3/2017 melarang hakim untuk melakukan pembedaan ataupun pembatasan yang dibuat atas dasar jenis kelamin ...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this... more Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this research finds that the Fatwa has contributed in 2 (two) positions. First, the Fatwa contributes to the development of the substance of Islamic family law through its position as the clarification and explanation of the Constitutional Court Decision Number 46/PUU-VIII/2010, as the confirmation of the prohibition of adultery, as the recommendation for the Government, and as the regulation that provides children’s protection. In the other side, the Fatwa contributes practically in Religious Courts through its contribution as the Judge's guidance, completes the absence of related regulations, and the source of material law. IntisariDalam kajian terhadap Fatwa MUI No. 11 Tahun 2012, penelitian ini menemukan bahwa Fatwa MUI No.11 tahun 2012 telah memberikan kontribusi bagi hukum keluarga Islam di Indonesia dalam 2 (dua) bentuk. Pertama, fatwa berperan terhadap pengembangan substansi hu...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, Feb 15, 2018
Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this... more Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this research finds that the Fatwa has contributed in 2 (two) positions. First, the Fatwa contributes to the development of the substance of Islamic family law through its position as the clarification and explanation of the Constitutional Court Decision Number 46/PUU-VIII/2010, as the confirmation of the prohibition of adultery, as the recommendation for the Government, and as the regulation that provides children's protection. In the other side, the Fatwa contributes practically in Religious Courts through its contribution as the Judge's guidance, completes the absence of related regulations, and the source of material law. Keywords: children born out of wedlock, decree of the history of children, fatwa, Indonesian Council of Islamic Scholars.
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum, Aug 15, 2018
This research focuses on analyzing the position of Sharia Micro Finance Institution-Bank Wakaf Mi... more This research focuses on analyzing the position of Sharia Micro Finance Institution-Bank Wakaf Mikro (Lembaga Keuangan Mikro Syariah-Bank Wakaf Mikro/LKMS-BWM) in positive law. Furthermore, this research explores the management and activities of LKMS-BWM in empowering micro-businesses in D.I. Yogyakarta. This is normative legal research and focused on analyzing secondary data, specifically all regulations related to Syariah Micro Finance Institution. The research uses Statutory Approach and Conceptual Approach. The results of this research were analyzed qualitatively. This research finds that: (1) The legal position of LKMS-BWM is an institution incorporated as a Service Cooperative and has a business license known as Sharia Micro Finance Institution; (2) Management and activities of LKMS-BWM in D.I. Yogyakarta involves various stakeholders consisting of donors, LAZNAS BSM UMAT, BWM, and Productive Poor Communities. Financing activities are given in the form of social contracts (qardh) at the first stage and a business contract (tijārah) at the next stage according to the fatwa (Islamic instructions of rules) DSN-MUI.
Syariah unit link life insurance is Syariah Insuranc's product that provide benefits and investme... more Syariah unit link life insurance is Syariah Insuranc's product that provide benefits and investment protection by allowing participants to choose the type of investment themselves. This product is abainding by the regulations, including the obligation to implement syriah principle. One form of akad that is used in this product is akad wakalah bil ujrah which authorizes the insurance company to manage the charity fund and investment funds. Legal protection for policyholders and / or participants should be implemented in the insurance policy specifically related to legal protection in the event of a loss in risk management activities and / or investment management activities caused by the willful misconduct, negligence, or breach of contract made by the Company
This normative and empirical legal research analyses the nature of compulsory will (wasiyah al-wa... more This normative and empirical legal research analyses the nature of compulsory will (wasiyah al-wajib) according to the Compilation of Islamic Law and its implementation in Islamic court trial. We will also discuss a number of legal consideration deliberated by the judges when rendering a verdict in a compulsory will case. Penelitian hukum normatif dan empiris ini akan menganalisis sifat pengaturan wasiat wajibah dalam Kompilasi Hukum Islam dan implementasinya dalam pengadilan agama. Penelitian ini juga akan membahas beberapa pertimbangan hukum yang digunakan hakim ketika mengeluarkan putusan dalam suatu kasus pemberian wasiat wajibah.
The development ofIndonesian Islamic Inheritance Law shows by its changes and diferences in each ... more The development ofIndonesian Islamic Inheritance Law shows by its changes and diferences in each period oftime and its straight implemented by the Judge ofReligious Court of Yogyakarta Special Region in their decisions related to inheritance law. Keywords: the applied law, Islamic inheritance.
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2017
This research identify the revitalization of Badan Penasihatan, Pembinaan dan Pelestarian Perkawi... more This research identify the revitalization of Badan Penasihatan, Pembinaan dan Pelestarian Perkawinan (BP4) after The 14th BP4 National Conference in 2009, in performing Court-annexed mediation for Marital Dispute at Religious Court in D.I. Yogyakarta. This research founds several institutional transformation of BP4 including the Legal Basis, Institutional Form, Institutional Relation with Ministry of Religious Affair, Employement/Management Provisions, and Financial Provisions. In Performing Court-annexed mediation. BP4 in D.I. Yogyakarta has been cooperating with 2 (two) Religious Courts, both in Wonosari and Yogyakarta through Memorandum of Understanding in form of cooperation in the placement of certified mediator from BP4 and cooperation in funding the certified mediators. All Mediators are bound by Regulation of The Supreme Court No. 1 year 2016 concerning Procedures of Court-annexed Mediation, related to Types of Cases Mediated, Mediator’s Fee, Venue of Mediation, Pe...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2016
This research examine the development of regulation of wasiat wajibah, its legal consideration an... more This research examine the development of regulation of wasiat wajibah, its legal consideration and the implementation in Religious Court. This research founds the addition of legatee of wasiat wajibah which are children born out of wedlock, children in unregistered marriage, and stepchildren. The consideration of those addition are relation between Inheritance Law with Marriage Law System, relation of legal rights and responsibilities, status of children through Constitutional Court Decision No.46/PUU VIII/2010, the application of Qiyas method,, and the objective of justice in Inheritance law. In Religious Court, judges only give wasiat wajibah to children born out of wedlock. Penelitian ini meneliti perkembangan pengaturan wasiat wajibah dalam Sistem Hukum Kewarisan Islam di Indonesia, pertimbangan hukumnya, dan implementasinya pada Pengadilan Agama. Penelitian menemukan penambahan kelompok penerima wasiat wajibah yaitu anak yang lahir di luar perkawinan, anak yang lahir di dalam p...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, 2014
The objective of this research is to identify the interpretation of syiqaq as a legal reason in d... more The objective of this research is to identify the interpretation of syiqaq as a legal reason in divorce lawsuit and its procedural law implemented by the Religious Courts in Yogyakarta. This is an empirical normative research, using the literature research method and field research through Focus Group Discussion (FGD). This research found that syiqaq is interpreted as a specific form of an endless quarrelling which caused danger for either husband or wife. In practice, judges combine procedural law in divorce lawsuit based on syiqaq into the procedural law in other legal reason. Penelitian ini bertujuan untuk mengetahui interpretasi syiqaqsebagai alasan gugatan cerai oleh hakim dan praktek hukum acara penyelesaian perkara perceraian dengan alasan syiqaqyang diterapkan pada Pengadilan Agama di Daerah Istimewa Yogyakarta. Penelitian ini merupakan penelitian hukum normatif empiris, menggunakan metode penelitian kepustakaan dan penelitian lapangan melalui kegiatan Focus Group Discussion...
The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marria... more The amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marriage by providing some additional provisions: the obligations to provide the urgency of marriage and the specific supporting evidence in proving the urgency. This article aims to examine the interpretations of judges in Religious Court on defining the urgency of child-age marriage and the implementation of the supporting evidence in cases of Dispensation of Marriage. Based on the identification, the author analyzes the main questions about the protection of children's rights on those interpretations. Based on the normative legal research that examines the Rulings of Religious Court on the case of Dispensation of Marriage, this article uses the Nonprobability Sampling techniques, specifically the purposive sampling which refers to certain criteria, the author finds the inconsistencies in the interpretation of the urgency of marriage and the implementation of providing the supporting evi...
This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which ma... more This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the volunta...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Identifying the interrelation between the Principle of Equality of Justice in Islamic Inheritance... more Identifying the interrelation between the Principle of Equality of Justice in Islamic Inheritance Law and the Principle of Non-discrimination in Supreme Court Regulation Number 3 years 2017 concerning Guidance on Presecuting Legal Cases Involving Women, this normative research conducts legal comparisons using a conceptual approach. This research finds the independence the Principle of Equality of Justice, due to the application of the principle which is not determined by the Supreme Court Regulation No.3 / 2017. Furthermore, the principle does not substantially contradict with the Principle of Non-discrimination.IntisariPenelitian ini didasarkan pada adanya persinggungan antara Asas Keadilan Berimbang dengan konsep non diskriminasi yang diusung oleh PERMA No. 3/2017. Asas Keadilan Berimbang membedakan bagian antara ahli waris perempuan dan ahli waris laki-laki, sementara PERMA No.3/2017 melarang hakim untuk melakukan pembedaan ataupun pembatasan yang dibuat atas dasar jenis kelamin ...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada
Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this... more Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this research finds that the Fatwa has contributed in 2 (two) positions. First, the Fatwa contributes to the development of the substance of Islamic family law through its position as the clarification and explanation of the Constitutional Court Decision Number 46/PUU-VIII/2010, as the confirmation of the prohibition of adultery, as the recommendation for the Government, and as the regulation that provides children’s protection. In the other side, the Fatwa contributes practically in Religious Courts through its contribution as the Judge's guidance, completes the absence of related regulations, and the source of material law. IntisariDalam kajian terhadap Fatwa MUI No. 11 Tahun 2012, penelitian ini menemukan bahwa Fatwa MUI No.11 tahun 2012 telah memberikan kontribusi bagi hukum keluarga Islam di Indonesia dalam 2 (dua) bentuk. Pertama, fatwa berperan terhadap pengembangan substansi hu...
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada, Feb 15, 2018
Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this... more Identifying the contributions of Fatwa MUI No. 1 year 2012 in Indonesian Islamic Family Law, this research finds that the Fatwa has contributed in 2 (two) positions. First, the Fatwa contributes to the development of the substance of Islamic family law through its position as the clarification and explanation of the Constitutional Court Decision Number 46/PUU-VIII/2010, as the confirmation of the prohibition of adultery, as the recommendation for the Government, and as the regulation that provides children's protection. In the other side, the Fatwa contributes practically in Religious Courts through its contribution as the Judge's guidance, completes the absence of related regulations, and the source of material law. Keywords: children born out of wedlock, decree of the history of children, fatwa, Indonesian Council of Islamic Scholars.
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