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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial MILRev: Metro Islamic Law Review
Nur Rahmah
UIN Raden Intan Lampung
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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DISPENSASI NIKAH PASCA PERUBAHAN BATASAN USIA MENIKAH DI PENGADILAN AGAMA (TINJAUAN MASLAHAH MURSALAH) Nur Rahmah; Muhammad Ridho
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7875

Abstract

Amendments to Law Number 16 of 2019 concerning Marriage focus on the provisions of Article 7 concerning the minimum age limit for marriage to 19 years for men or women. The change in the age limit for marriage has an impact on the high number of applications for marriage dispensation in every religious court. The legal considerations of a Judge in making a Legal Determination/ Decision in an approved Marriage Dispensation Application are crucial to be examined because these considerations do not seem to go hand in hand or reject changes to the marriage age limit. Legal considerations by judges in marriage dispensation cases can be seen in three categories, First, avoiding sin or adultery, Second, because of pregnancy, and Third, adat (larian). The acceptance of the application for Dispensation of Marriage in the three categories is considered on the side of benefit for the prospective husband and wife with the aim of maintaining the status of mother and child, and closing opportunities for the practice of unregistered marriages.The stipulation contains legal certainty, justice and benefits for the parties concerned.
THE PROBLEM OF THE JAKARTA HIGH COURT DECISION NUMBER 10 / PID. SUS-TPK/2021/PT DKI AGAINST Dr. PINANGKI SIRNA MALASARI, S. H., M. H Nur Rahmah
MILRev : Metro Islamic Law Review Vol 2 No 1 (2023): MILREV: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v2i1.6930

Abstract

Abstract: Corruption is an extraordinary crime, and efforts to eradicate it must be taken seriously. In deciding corruption cases, judges must consider the consequences of the defendant's actions. Judges can decide cases, but this freedom is not absolute; the community must consider it. Thus, judges cannot act arbitrarily in deciding cases. Decree Number 10/Pid.Sus-TPK/2021/PT DKI regarding corruption cases committed by the Pinangki Prosecutor's Office has juridical considerations regarding the gender of the accused, which is used as one of the reasons for the reduction. The duration of detention is from 10 to 4 years. Therefore, many parties consider the consideration and consideration of Decision Number 10/Pid.Sus-TPK/2021/PT DKI is wrong. This study aims to analyze the validity of judges' decisions based on criminal liability and the validity of judges' rulings and court decisions. The results of this study show that the judge's consideration and verdict against the Pinangki Public Prosecutor are unreasonable. Keywords: Pinangki, Judge's Verdict, Corruption
Co-Authors Muhammad Ridho