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All Journal Legal Protection for the Partnership Agreement Parties Al Ushuliy
Nofialdi Nofialdi
Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Ambiguity of Using the Statement of Absolute Responsibility Based on Minister of Home Affairs Regulation Number 109 of 2019: Study in Dharmasraya Regency, West Sumatra Province, Indonesia Nofialdi Nofialdi; Elimartati Elimartati; Syukri Iska; Deri Rizal; Firdaus Firdaus; Kasmidin Kasmidin; Hamdani Hamdani
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1358

Abstract

Marriages are required to be registered under the provisions of Law Number 1 of 1974, specifically Article 2. This registration plays a crucial role in establishing the legality of marriages and enables the utilization of different associated benefits. Meanwhile, unregistered marriages give rise to a range of legal issues, including uncertainties regarding lineage, concerns related to maintenance, and inheritance rights. In line with the Ministry of Home Affairs Regulation Number 109 of 2019 regarding Population Administration, couples involved have the option to obtain important documents such as the Population Identification Card (KTP), Birth Certificate, and Family Card (KK) by signing a Statement of Absolute Responsibility (SPTJM). This situation raises significant concerns regarding the legal implications of unregistered marriages. Therefore, this study aimed to employ an empirical legal approach with qualitative methods and obtained data through interviews, observations, and documentation. The data analysis used Miles and Huberman's method to uncover the meaning within Ministry of Home Affairs Regulation Number 109 of 2019 regarding Unregistered Marriages and unveiled the ambiguity in understanding the true meaning. Furthermore, a study conducted in Dharmasraya Regency in 2021 discovered the issuance of 69,144 Family Cards by the Directorate General of Population and Civil Registration, and 22,453 (32.47%) were unregistered marriages. Only 194 individuals applied for validation (isbat) within 3 years, where 101, 27, and 66 were accepted, rejected, and revoked, respectively. In conclusion, the community perceived their marriages to be legal due to the issuance of Ministry of Home Affairs Regulation Number 109 of 2019, even though the SPTJM did not legalize the concept or hold legal authority over the consequences.
INTEGRASI BUDAYA DAN AGAMA: KETERLIBATAN ANAK DALAM TRADISI BABALIAN SEBELUM WALIMATUL ‘URSY DALAM PERNIKAHAN DI NAGARI PARIANGAN PERSPEKTIF HUKUM Zulfa Marlina; Nofialdi Nofialdi; Dodon Alfiander; Siska Elasta Putri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 1 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i1.8345

Abstract

This study examines the background of children's involvement in the implementation of the babalian tradition before walimatul 'ursy in marriage from the perspective of Islamic law. From these problems, the question arises what is the background to the involvement of children in the babalian tradition before walimatul 'ursy in marriage. This study is based on field research. The data were obtained through interviews and then the data were narrated descriptively. The results achieved are to find out the background of the child's involvement in the babalian tradition, namely 1) the child is a symbol of descent and is also a basarayo tampek (person who will be ordered around), because ideally, the person who will be ordered is smaller than the person who ordered. 2) In addition, this tradition does not violate the Shari'a, because even though it is carried out at night, children are free to follow this series of traditions or choose to rest. This child also gets supervision from parents and adults. So it can be said that this tradition is 'urf authentic because it does not conflict with Islamic law and there is no harm to the child
KONTROVERSI PENUNDAAN PEMILIHAN KEPALA NEGARA PERSPEKTIF FIQH SIYASAH (Studi Kasus Negara Nigeria dan Somalia) Roza Nofitra Sari; Nofialdi Nofialdi; Muhammad Hizbi Islami
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 1, No 2 (2022)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v1i2.8349

Abstract

This study examines the postponement of the election of the head of state from the perspective of siyasa fiqh (Case study of Nigeria and Somalia). The problem is the postponement of the election of the head of state (a case study of Nigeria and Somalia). This is different in siyasa fiqh, where in siyasa fiqh there is no stipulation on whether it is permissible to postpone the election of a head of state. From these problems, the question arises of how to postpone the election of heads of state in Nigeria and Somalia and what is the view of fiqh siyasa on postponing the elections of heads of state in Nigeria and Somalia. This research is library research. The material is obtained through books in the library, after the material is collected it is processed by searching and systematically compiling the material obtained and analyzed using the fiqh siyasa perspective. This research found that the postponement of the election of heads of state in Nigeria and Somalia was caused by problems of national defense (the Boko Haram rebellion) and the Covid-19 pandemic which spread throughout the world. Postponement of the election of the head of state has never occurred in the Al-Qur'an and As-Sunnah, as well as the system of government, and in siyasa fiqh there is also no provision for whether or not a postponement of the election of a head of state is permissible. However, in practice this has happened in the Muslim countries of Nigeria and Somalia due to the results of the ijtihad of these countries. So that the postponement of the election of the head of state is legally permissible because the results of state ijtihad make it possible because the country is in a state of emergency. So that in siyasa fiqh it is possible to postpone the election of the head of state
Co-Authors Deri Rizal Dodon Alfiander Elimartati Elimartati Firdaus Firdaus Hamdani Hamdani Kasmidin Kasmidin Muhammad Hizbi Islami Roza Nofitra Sari Siska Elasta Putri Syukri Iska, Syukri Zulfa Marlina