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The Program of Circuit Isbat Nikah as the Embodiment of Access to Justice in Indonesia Andaryuni, Lilik
Mazahib Vol 17, No 1 (2018)
Publisher : IAIN Samarinda

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 sub-district/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 and the circuit isbat nikah as the embodiment of access to justice principle in Indonesia.Keywords:Circuit isbat nikah, access to justice, Islamic Judiciary in Indonesia

UU PORNOGRAFI DALAM PERSPEKTIF HUKUM ISLAM Andaryuni, Lilik
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

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.

Studi tentang Hadis Malam Nisfu Sya'ban Andaryuni, Lilik
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v13i1.393

The glory and privilege month of Sya`ban is because it is the month with full of intercession, forgiveness, and rewards. In this month, man should do a lot of self introspection, because this month is the closing month of Islamic calendar. Prophet Muhammad did a lot of fasting in the month of Sya`ban because he loved when his pious acts were accounted for in the fasting state. There are different opinions, however, when it comes to the status of the 15th night of Sya`ban: is it a special evening with a special virtue too or it is no more than the rest of Sya`ban nights? This article thus will analyze ulamaâ€™s opinions on this matter.

The Program of Circuit Isbat Nikah as the Embodiment of Access to Justice in Indonesia Andaryuni, Lilik
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

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 sub-district/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 and the circuit isbat nikah as the embodiment of access to justice principle in Indonesia.Keywords:Circuit isbat nikah, access to justice, Islamic Judiciary in Indonesia Â

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