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All Journal Al Khawarizmi: Jurnal Pendidikan dan Pembelajaran Matematika Kamaya: Jurnal Ilmu Agama JURNAL ILMIAH SIMANTEK PENGARUH SISTEM KEUANGAN DAN KEBIJAKAN MONETER TERHADAP PERTUMBUHAN EKONOMI PADA ERA ORDE BARU DALAM PERSPEKTIF EKONOMI ISLAM Al-Fikru: Jurnal Ilmiah JURNAL MANAJEMEN AKUNTANSI (JUMSI) el-Buhuth: Borneo Journal of Islamic Studies Jurnal Manajemen JAWI : Journal of Ahkam Wa Iqtishad
Nurcahaya, Nurcahaya
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Journal : Kamaya: Jurnal Ilmu Agama

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Contra Legem Pembagian Harta Bersama Perspektif Maslahah Murshalah Zuhriandi, Novrizal; Lubis, Fauziah; Nurcahaya, Nurcahaya
Kamaya: Jurnal Ilmu Agama Vol 6 No 4 (2023)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/kamaya.v6i4.2731

Abstract

Of the many impacts that occur from the breakdown of a marriage, one of them is the problem of dividing joint assets. Where joint assets are assets acquired by a husband and wife while they were still married. In decision NO.2802/Pdt.G/2018/PA.Dpk, the Depok Religious Court Judge gave a larger share of joint assets to the ex-wife, with details of 70% for the ex-wife and 30% for the ex-husband. Meanwhile, Article 97 of the Compilation of Islamic Law explicitly provides for shares of joint assets in equal amounts between the wife and husband. Where the judge clearly ignored written Material Law, namely the Compilation of Islamic Law, in deciding the case. This research aims to find out the basic considerations of the Depok Religious Court judges in deciding this case, and how the KHI and Islamic law are reviewed from Maslahah Murshalah's perspective on resolving the joint property problem. This research is normative juridical research. This type of research is library research. The results of the research illustrate that the judge decided the case by giving a share of joint assets in both the Convention and Reconvention decisions in the amount of 30% for the Convention Plaintiff/Reconvention Defendant and 70% for the Convention Defendant/Reconvention Plaintiff. In this decision the judge adopted jurisprudence, more precisely, Supreme Court Decision No.266/K/AG/2010 as a legal consideration in deciding the case, however the judge also made legal discoveries using independent legal methods in determining the amount obtained by each partner, because in In this decision, the judge did not fully adopt the Supreme Court's jurisprudence, but rather, chose to dig deeper into the ins and outs of the assets, roles and contributions of the couple during the marriage period.
Analisis Putusnya Perkawinan Akibat Pertengkaran Karena Media Sosial di Pengadilan Agama Kota Kisaran Sani, Indira Aprilia; Pulungan, Sahmiar; Nurcahaya, Nurcahaya
Kamaya: Jurnal Ilmu Agama Vol 6 No 4 (2023)
Publisher : Jayapangus Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37329/kamaya.v6i4.2732

Abstract

Indications of problems in marriage that cause the breaking of ties in a marriage that occur because social media always has a very risky impact on the lives of both husband and wife and children. So this research aims to find out the causes of the conflict that resulted in the breakdown of marriages at the Kisaran Religious Court. Second, to find out the considerations of the Panel of Judges at the Kisaran Religious Court in deciding on the conservation of social media as a cause of conflict which has an impact on the breakdown of marriages in decision Number: 2245/Pdt.G/2020/PA.Kis, Number: 1187/Pdt.G/2021/PA .Kis, Number: 2296/Pdt.G/2022/PA.Kis. Third, to find out the view of the Islamic Law Compilation regarding the protection of social media as a cause of conflict. This research was carried out at the Kisaran Class I B Religious Court Office located in Asahan Regency. This type of research is field research which is carried out using a phenomenological approach. This research data collection technique is through interviews, observation, documentation. The results of this research can be seen in the case decisions by the Panel of Judges at the Kisaran Religious Court in 2020 to 2022. The high number of divorces that occur is due to several reasons, namely infidelity (third person), domestic violence (KDRT) and the habit of participating in online gambling as well as economic problems. families whose problem sources originate from the Facebook, Twitter, Instagram and WhatsApp networks, who are not good at utilizing these networks, resulting in conflict and ending in divorce at the Kisaran Religious Court.
Co-Authors Agustar, Armi Daryanto, Mahbub Hanif Hanif Lubis, Fauziah M. Taufiq Mawardi Musa, Muhammad Ichwan Natsir, Uhud Darmawan Nurman Nurman Romansyah Sahabuddin Sahmiar Pulungan, Sahmiar Sani, Indira Aprilia Wahyuddin Wahyuddin Zuhriandi, Novrizal