Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : An-Nawa : Jurnal Studi Islam

Dinamika Sengketa Perdata Islam di Pengadilan Agama Daerah Istimewa Yogyakarta M Khoirur Rofiq
Indonesia Vol 3 No 1 (2021): An-Nawa: Jurnal Studi Islam
Publisher : Rumah Jurnal Sekolah Tinggi Agama Islam An-Nawawi Purworejo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37758/annawa.v3i1.173

Abstract

The authority of the Religious Courts is regulated in Law Number 7 of 1989, then changed to Law Number 3 of 2006, and changed back to Law Number 50 of 2019. Inside it explained that the Religious Court has the authority to examine, decide upon, resolve cases at the first level among people who are Muslim in the fields of marriage, inheritance, wills, grants, endowments, zakat, infaq, shadaqah, and sharia economics. The purpose of this study is to describe the dynamics of the case in the Yogyakarta Religious Court in accordance with its legal authority (2010-2014). The exercise of authority of the Religious Courts in Yogyakarta has been carried out in accordance with the applicable laws and regulations, the types of disputed cases include family and sharia economic matters which are divided into several cases; (1) Polygamy, (2) Prevention of Marriage and Cancellation of Marriage, (3) Rights and Obligations of Husband and Wife, (4) Divorce Cases, (5) Sharing of Common Assets, (6) Disputes over the Rights of the Child, (7) Cases of Child Endorsement , (8) Revocation of Parental Power from Children, (9) Case of Guardianship, (10) Proof of Child's Origin, (11) Marriage Isbat, (12) Application for Marriage Permit and Marriage Dispensation, (13) Case of Guardian Adhol, ( 14) Shari'a Economic Cases, (15) inheritance disputes, (16) Probate disputes, (17) Grant disputes, (18) Wakaf property management disputes, (19 Requests for determining inheritance assets distribution.
Pemeriksaan Perkara Dispensasi Kawin Oleh Hakim Tunggal Di PA Batang Perspektif Maslahah Ahmad Zubaeri; Aizaturrohmah Aizaturrohmah; M. Khoirur Rofiq
Indonesia Vol 4 No 1 (2022): An-Nawa: Jurnal Studi Islam
Publisher : Rumah Jurnal Sekolah Tinggi Agama Islam An-Nawawi Purworejo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37758/annawa.v4i1.450

Abstract

Applications for marriage dispensation at the Batang Religious Court (PA) are increasing, especially after the revision of the Marriage Law (Law Number 16 of 2019) which limits the minimum age for marriage to 19 years. The trial of marriage dispensation cases also changed with the existence of PERMA Number 05 of 2019 concerning Guidelines for Submitting Applications for Marriage Dispensations with a single judge. The aims of this research are examine the implementation of the marriage dispensation examination with single judge and it’s benefits in PA Batang. This research is a legal research with an empirical juridical approach, primary data in the form of information from the chairman and judges in PA Batang, data collection using semi-structured interviews, observations of marriage dispensations in PA Batang, and documentation of marriage dispensation decisions. This study resulted (1) the examination of the marriage dispensation case by single judge at PA Batang was in accordance with PERMA Number 05 of 2019, but did not involve TKSK as a child assistance institution because the community has difficulty in presenting TKSK and the still unfamiliar with the procedures for examining marriage dispensations. Alternatively, PA Batang brings village officials to testify in the case, (2) The benefits of examining a marriage dispensation case by a single judge in Batang PA are, the trial process can be completed quickly, the granting of a marriage dispensation permit can prevent violations of applicable norms, and as an effort to realize the benefit of maintaining religion, soul, mind, lineage or descendants.