Article Per Year (5 Year)
p-Index From 2019 - 2024
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This Author published in this journals
All Journal International Journal of Contemporary Islamic Law and Society
Abidin Abidin
Islamic Family Law Department, Postgraduate, Institut Agama Islam Negeri Palu
Religion Social Sciences

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Effectiveness of The Implementation of Supreme Court Regulation Number 1 Year 2016 on Divorce Settlement Marzuki Marzuki; Abidin Abidin; Hilal Malarangan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 1 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (226.304 KB) | DOI: 10.24239/ijcils.Vol3.Iss1.26

Abstract

The focus of this research is the effectiveness of implementing Supreme Court Regulation No. 1 of 2016 concerning the Mediation Process in the Court in the settlement of divorce cases at the Donggala’s Religious Court Class IB. The aim is to determine the implementation and effectiveness as well as the supporting and inhibiting factors for the implementation of the Supreme Court Regulation Number 1 of 2016 in the settlement of divorce cases. This research is a qualitative with a case study. The data were collected through observations, interviews, and documentation to the parties in the relevant research locations. The results of this study indicate that the Donggala Religious Court Class IB has implemented the practice of implementing mediation in accordance with the provisions of the Supreme Court Regulation Number 1 of 2016. However, the results of its implementation show that its effectiveness is still very small; this is evidenced by the high number of divorces each year. From the data on the number of divorces, it shows that divorce tends to increase which is dominated by divorce due to continuous disputes.
The Impact of Underage Marriages on Family Welfare Yusma Natasya Perdana; Abidin Abidin; Kamaruddin Kamaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 3 No 2 (2021)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (995.496 KB) | DOI: 10.24239/ijcils.Vol3.Iss2.33

Abstract

This study examines the Impact of underage marriages on household welfare. The phenomenon of early marriage in Indonesia has attracted attention from scholars and practitioners. This study employed a qualitative method. The data were collected through direct observation, in-depth-interviews, and written document analysis. Data analysis was conducted through reduction techniques, data presentation, data verification, and conclusion drawing. The results of this study showed that the level of well-being of early marriage were included in the category below the establishment line of life both financially and spiritually. Factors causing changes in welfare include mindset, mental, and spiritual which is immature in family management causing a loss of the real purpose of building well-being and happiness families. The implication of this study was seen from Islamic law. Even though under ages marriage is legal in Islamic law perspective, but the marriage is not legal from government las perspectives. Underage marriage caused negative impact of family wel-being and happiness.
The Existence of Marriage Dispensation After the Revision of the Marriage Law at the Religious Court of Donggala, Central Sulawesi Abidin Abidin; Sudirman B.; Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 4 No 1 (2022)
Publisher : State Institute for Islamic Studies Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1014.373 KB) | DOI: 10.24239/ijcils.Vol4.Iss1.38

Abstract

The Indonesian government regulates the age of marriage through Law Number 16 of 2019. This rule states that the minimum age for marriage is 19 years. Nevertheless, marriage dispensation given by the government is often used as a loophole for deviation and legalization of child marriage. This study describes this phenomenon after the revision of the Law on Marriage, the factors, and impacts of the dispensation based on judicial practice at the Religious Courts in Donggala Regency. The examination uses a socio-juridical model with theological-normative, juridical-normative, and legal sociology approaches. The data were collected by interview, documentation, and observation methods. The analysis was carried out using reduction techniques, data presentation, and conclusion formulation. The dispensation of marriage caused by the disharmony of regulations and the contradictory nature between the Marriage Law and the Child Protection Act results in weak law enforcement and minimal compliance with it from the community. Multi-factor considerations, including religion, social, culture, economy, education, health, and other factors, are often considered in giving marriage dispensation.
Co-Authors Hilal Malarangan Kamaruddin Kamaruddin Marzuki Marzuki Sudirman B. Yusma Natasya Perdana