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Abid Rohmanu
Institut Agama Islam Negeri Ponorogo, Indonesia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Terhadap Perjanjian Pemisahan Harta dalam Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Lutfiana Dwi Mayasari; Abid Rohmanu
Journal of Economics, Law, and Humanities Vol. 1 No. 1 (2022): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v1i1.529

Abstract

The issuance of the Constitutional Court's decision Number 69/PUU-XIII/2015 aims to provide asset ownership rights for Indonesian citizens married to foreigners. However, this decision has an impact on simultaneous regulatory changes. Both in the body of the Marriage Law itself and the executorial institution making the marriage agreement. This type of research is normative juridical research with a statute approach. The nature of the study is descriptive and analytical, while the analysis of legal materials is carried out qualitatively. The theoretical basis used is the theory of harmonisation and synchronisation of law and the theory of legal principles by Hans Kelsen. From the study results, it was concluded that according to Hans Kelsen's theory of norm hierarchy, the decision of the Constitutional Court Number 69/PUU-XIII/2015 had an impact on the emergence of legal dualism. For the conclusion of the Constitutional Court Number 69/PUU-XIII/2015 to be implemented, an effort is needed to harmonise the rules both vertically and horizontally.
Putusan Open Legal Policy Ketentuan Tindak Pidana Zina Perspektif Maqashid Syariah Amiruddin Hasan; Abid Rohmanu
Journal of Economics, Law, and Humanities Vol. 1 No. 1 (2022): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v1i1.572

Abstract

Constitutional Court Decision No. 46/PUU-XIV/2016 which rejects the expansion of the meaning of adultery in the Criminal Code has become a hotly debated topic. Some people think that the Constitutional Court should have the courage to make legal breakthroughs on this very important issue. However, the Constitutional Court Justices are of the opinion that the expansion of the meaning of adultery is not within their jurisdiction. This type of research is a normative juridical research, with a statute approach. The nature of the research is descriptive analytical, using a knife of maqa>s{id sharī'ah concept analysis. From the results of the research, it was concluded that first, the contextualization of Jaseer Auda's maqa>s{id sharī'ah concept against the arguments of the Constitutional Court judges in family resilience was actually quite well represented. However, the judges tended to choose the cause of the damage to be more due to the existence of a void in the law, in which the authority to fill in the law could only be exercised by the Indonesian Legislation Body, namely the Indonesian House of Representatives. Second, LGBT are the most massive and dangerous implications indirectly in the decision of the open legal policy. In addition to the harm in the form of diseases caused by these actions, the threat of nasab (hifdz al-nasab) which is guarded by Islam itself and the tarnishing of honor that is contrary to Islamic teachings in order to maintain the honor of oneself and others (hifdz al-'irdh). Third, Realistic efforts to prevent cohabitation and the potential for violence against women, namely through the contemporary maqa>s{id system approach, include the following, namely by limiting the facilities that are feared to cause convenience in cohabitation behavior.
Efektivitas Sistem Informasi Manajemen Nikah Berbasis Web dalam Sistem Pelayanan Kartu Nikah Digital Airul Fahruzi; Abid Rohmanu; Ahmad Junaidi
Journal of Economics, Law, and Humanities Vol. 2 No. 2 (2023): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v2i2.2192

Abstract

This research is motivated by the Decree of the Minister of Religion of the Republic ofIndonesia Number 892 of 2019, concerning Web-Based Simkah in the Digital MarriageCard service system following the PMA Circular Letter of the Director General ofIslamic Community Guidance Number B-2361/Dt.III/PW.01/07/2021 concerningCards Digital Marriage. This research aims to describe the application of the Web-BasedMarriage Management Information System orSimkah Web in the Digital MarriageCard service system in KUA Pitu District, Ngawi Regency, and its effectiveness. Themethod used in this research is a descriptive method with a qualitative approach, namelyresearch that seeks to reveal and interpret a developing phenomenon. The researchresults show thatSimkah Web in KUA Pitu District, Ngawi Regency, has beenimplemented but is still hampered, especially regarding the readiness of KUA humanresources. In several cases, people found difficulties using this application, including thecomplexity of inputting marriage data in printing Digital Marriage Cards. Thus, it canbe concluded that the implementation ofSimkah Web has helped make it easier for theKUA to collect marriage data throughout Indonesia. However, it is still not fullyimplemented effectively by the community as a basis for printing Digital MarriageCards in the KUA of Pitu District
Co-Authors Ahmad Junaidi Airul Fahruzi Amiruddin Hasan Lutfiana Dwi Mayasari