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All Journal Al-Istinbath: Jurnal Hukum Islam Journal of Sharia and Legal Science
Sirajuddin M
Universitas Islam Negeri Fatmawati Sukarno Bengkulu
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerimaan Dispensasi Kawin di Pengadilan Agama Kepahiang Kelas II Perspektif Maqashid Syariah Ibdaria Oktavianti; Ismail Jalili; Sirajuddin M
Journal of Sharia and Legal Science Vol. 1 No. 3 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i3.191

Abstract

This study discusses what factors are used as reasons for requesting a marriage dispensation at the Kepahiang Religious Court, the legal basis that the judge considers in granting the marriage dispensation and maqashid sharia review of the marriage dispensation at the Kepahiang Religious Court. This type of research is a type of field research using a qualitative descriptive approach. The research data was taken directly from the research location and the data was obtained using interview, observation and documentation methods. After the data has been collected to analyze the data collected in this study, descriptive-analytic analytical techniques are used, namely to describe all the things that are the focus of this research. The results of the study areThe reasons for the dispensation of marriage are:pregnant out of wedlock, already had intercourse (adultery) and worried about adultery. The legal basis used by the judge is:(UU) of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage,Compilation of Islamic Law and Perma Number 5 of 2019 concerning Guidelines for Adjudicating Applications for Dispensation of Marriage. Meanwhile, the judge's consideration apart from containing juridical aspects must also be considered sociological and psychological aspects to realize benefit. As for the review of Maqashid Syariah, this is part ofhifzh nasl (maintaining offspring) where this principle emphasizes the principle of the best interests of the child because the person applying for the dispensation of marriage is still underage and it is feared that it will have an impact on their offspring.
Strengthening the Indonesian Bicameral Parliament: Siyasah Dusturiyah Perspective Ade Kosasih; Sirajuddin M; Fauzan Fauzan; Henderi Kusmidi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.10047

Abstract

This research aims at finding a strategy to strengthen Indonesia's bicameral parliament. It is a parliamentary system consisting of an Upper House and a Lower House. The Upper House, Regional Representative Council (DPD),  represents certain groups or regions, and the Lower House, House of Representatives (DPR), represents national interests. Ideally the position of the DPR and DPD is in an equal position, however the DPD arrangements in the constitution have a power but do not reflect the bicameral principle. If left unchecked, it can trigger regional dissatisfaction which threatens the disintegration of the nation. This research employed normative juridical research methods with a conceptual and statutory approach. The result showed that the DPD has made efforts to strengthen it through al-sutha al tasyri'iyah (formal amendments) but failed. Moreover, the DPD has also carried out legal reviews by the Constitutional Court (judicial review) but the results have not been significant. The most realistic way to strengthen the DPD and has never been used before is through a constitutional political strategy (siyasah dusturiyah) to create constitutional conventions by vetoing draft laws whose decisions are made without involving the DPD. Therefore, the Indonesian parliamentary system can run in the double check system and check and balance paradigm in maintaining democracy and regional autonomy. Thus, if the DPD has a strong bargaining position in parliament then the goal of forming a strong bicameral parliament can be established.
Co-Authors Ade Kosasih Fauzan Fauzan Henderi Kusmidi Ibdaria Oktavianti Ismail Jalili