Analisis Putusan Hakim Tentang Itsbat Contencius pada Pengadilan Agama Gunung Sugih

Marriage isbat which has been considered a solution to the settlement of a marriage under the hands offered by the Act in order to protect the rights relating to his wife and children, while the isbat or isbat contensius is a solution given to people who will divorce with a marriage that is not in marriage. record it. This research method used is a qualitative method, a type of library research, with a normative juridical approach. Based on the results of the study found, that basically a divorce that can be done before the Religious Court is a divorce from a registered marriage. In the Gunung Sugih Religious Court Decision Number: 0333 / Pdt.G / 2018 / PA.Gns concerning the Application for Itsbat Marriage, accompanied by a Divorce Claim, the judge granted the divorce suit by ratifying the marriage license first. Granting divorce proceedings on the grounds of inattention to children, spending property generated by the wife as a plaintiff, and the defendant often acts violently against the plaintiff. The judge's judgment and decision is in accordance with the value of benefit, namely guarding offspring (hifz al-nasl) and protecting property (hifz al-mal), and protecting the soul (hifz al-nafs). Isbat nikah yang selama ini dianggap solusi penyelesaian perkawinan di bawah tangan yang ditawarkan Undang-Undang dalam rangka melindungi hak-hak yang berkaitan dengan istri dan anak, sedangkan gugat isbat atau isbat contensius adalah solusi yang diberikan kepada orang yang akan bercerai dengan perkawinan yang tidak di catatkan. penelitan ini metode yang digunakan adalah metode kualitatif, jenis penelitian library research, dengan pendekatan yuridis normatif. Berdasarkan hasil penelitian ditemukan, bahwa Pada dasarnya suatu perceraian yang dapat dilakukan di hadapan Pengadilan Agama merupakan perceraian dari perkawinan tercatat. Pada Putusan Pengadilan Agama Gunung Sugih Nomor : 0333/Pdt.G/2018/PA.Gns tentang Permohonan Itsbat Nikah disertai dengan Gugatan Cerai hakim mengabulkan gugatan cerai dengan mengesahkan itsbat nikah terlebih dahulu. Mengabulkan gugatan cerai dengan alasan kurang perhatiannya terhadap anak-anak, menghabiskan harta yang dihasilkan istri sebagai penggugat, dan tergugat sering melakukan kekerasan terhadap penggugat. Pertimbangan dan putusan hakim tersebut telah sesuai dengan nilai kemaslahatan yaitu menjaga keturunan (hifz al-nasl) dan menjaga harta (hifz al-mal), dan menjaga jiwa (hifz al-nafs).

PENCATATAN PERKAWINAN DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH JĀSIR ‘AUDAH

Procedural rules for marriage recording have led to speculation that marriage records are only considered more administrative requirements. So that up to now under-age marriages are still often found among the public. The purpose of this study is to show the urgency of a marriage record for those bound by marriage. The type of research used is library research and descriptive analysis that describes objectively the rules of marriage recording by analyzing using the theory of maqāṣid ash-syarī'ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, the rules for recording marriage are a product of Islamic law reform that is at the forefront of the present. Marriage registration is a renewal of Islamic law as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and secure. A marriage that is carried out may not be enough with a testimony according to existing marriage conditions. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. Features of Jāsir system theory udah Audah is six, namely the character of cognition, overallness, openness, interrelated hierarchy, multidimensionality, and intentions. The whole feature of Jāsir udah Audah is applicative which can realize the idea of the rules of marriage registration as a legitimate condition for determining a marriage.

Somatic features and reproduction characteristics of patients with perinatal fetal death

Aims of study. The current analysis was undertaken to determine risk factors for perinatal losses and assess the possibility of their prediction. Study design, materials and methods. We analyzed 307 cases of perinatal death in obstetric facilities of the Leningrad region (main group). 357 women who gave birth to living children who lived 7 days of the perinatal period represented the control comparison group. A retrospective analysis was carried out based on medical hospital records: an examination of events during pregnancy, childbirth, postpartum, and early infancy, as well as afterbirth study findings and autopsy reports. Results. We performed a retrospective analysis of the social (3 factors), somatic (28 factors), and reproductive (15 factors) statuses of patients with perinatal losses in order to try to assess the possibility of identifying risk groups and predicting perinatal and fetal mortality. Conclusion. The predictors of perinatal mortality were determined, namely features of social status (absence of a marriage record and a permanent job, low level of education), somatic status (diabetes, cardiovascular pathology, arterial hypertension, chronic hemocontact infections), and reproductive status (late menarche, early sexual debut, previous infectious genital pathology, childbirth at a young age, etc.).

Pencatatan Perkawinan Di Indonesia Dikaitkan Dengan Good Governance

Marriage registration carried out by marriage registrar employees is often not in accordance with the rules set out in the Act. The law requires that the marriage record be carried out if it has fulfilled the legal requirements for marriage. There are cases of marriages that do not meet the legal requirements of marriage and there are also marriages that meet the legal requirements of marriage but are not stated. State apparatus in various service sectors, especially those concerning the fulfillment of civil rights and basic needs of the community, must be carried out in accordance with the mandate of the 1945 Constitution. Marriage records, such as the making of National Identity Cards or Driving Permits, actually discuss public services that are the responsibility of the state. So that it should pay attention to the principle of good governance, one of which is to establish costs that are in accordance with the standard of living of the people and procedures that are not user-friendly.

Aspek Hukum Pencatatan Perkawinan menurut Hukum Indonesia di Desa Tumpatan Nibung Kecamatan Batang Kuis Kabupaten Deli Serdang

<p class="1judul"><em>Legal </em><em>Aspects of </em><em>Marriage </em><em>Registration </em><em>According to </em><em>Law of Indonesia in Tumpatan Village Nibung Kecamatan Batang Kuis Deli Serdang District</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>The background of this writing is that there are still records of marriages that have not been registered so that the purpose of this writing. A marriage is legal if carried out according to the laws of religion and their respective beliefs. In addition, every marriage must be registered in accordance with the applicable legislation. For those who are Muslim, recording at the Marriage Registrar, Divorce and Referral. Whereas for various non-Muslims, marriage records are conducted at the Civil Registry Office. However, it is still unregistered. The reason is because the cost of a marriage registration is expensive, the procedure is complicated, and people do not know the benefits of a marriage record. The legal consequences are registered, affecting the position of husband and wife, children's status and property position. Marriage carried out by religion and their respective beliefs is legal, even though they are not registered in the office of the civil register, strictly regulated in Article 2 Paragraph (1) of Law Number 1 of 1974 concerning marriage. If the marriage is not recorded, there is no validity of the marriage. This also means that the marriage never existed. In conclusion, according to Article 2 Paragraphs 1 and 2 that marriages are not listed on the Marriage Registrar, then the marriage is considered non-existent.<strong></strong></h1><p class="1judul"><em><br /></em></p>

MARRIAGE PROBLEMS OF INDONESIAN CITIZENS LIVING IN THE NETHERLANDS UNDER THE PERSPECTIVE OF MARRIAGE LAW

The present study described the process and the problems of marriage registration for Indonesian citizens who live in the Netherlands. Through qualitative approach, the study found that the marriage for Indonesian brides and grooms who are Muslim in Den Haag had been recorded by the Embassy of the Republic of Indonesia in the country. The process of delivering marriage service in the Embassy had been simple and easy if the bride and grooms were able to provide the marriage requirements. On the other hand, mixed-marriages were unable to be recorded in the Embassy; however, these mixed-marriages might be recorded in Gemeente or the office of local authority on the country. In addition, the present study also found that several Indonesian citizens in the Netherlands had decided to opt for sirri marriage or religion-based marriage and thus they did not record their marriage in either the Embassy or the Gemeente. The sirri marriage had been selected because the brides and the grooms did not have valid administrative requirements. These brides and grooms usually registered themselves as life partners. Socially, sirri marriage did not have negative impacts because the partners still had social security provided by the government; as a result, civil, social, and economic rights had not been limited. Furthermore, the present study found that the spouses of mixed-marriages in the Netherlands encountered conflict of laws in which the Marriage Law admitted the law of the state in which the marriage had been held but also urged the single-faith marriage. On that basis, the present study would like to recommend reconstruction of marriage law in Indonesia, by recognizing the marriage record that has been legally carried out in other country.

Sistem Informasi Pengolahan Data Pernikahan Di Kantor Urusan Agama Kec. Muarasipongil Dengan Menggunakan Bahasa Pemrograman Java

The Office of Religious Affairs (KUA) in the District of Muarasipongil is a regional government agency under the Ministry of Religion that deals directly with the people in the District, who have the duty to provide services to the community in the religious field. one of the tasks of KUA is to carry out marriage registration. The process of recording the marriage data of KUA Muarasipongil Subdistrict is still done manually, namely the marriage data recording officer must write every data of the bride and groom into the marriage check list form, marriage certificate, and into the marriage book even though the written data is still of the same value. Therefore, we need a marriage record data processing application that can be useful for KUA Muarasipongi District officials in improving service to the community. System development method used by SDLC waterfall.

NIKAH SIRRI; PRESPEKTIF HUKUM ISLAM DAN HUKUM PERKAWINAN NASIONAL

In Indonesian society, marriage has legal dualism. Namely, marriage (which) should be listed in the Religious Affairs Office (KUA) and the marriages were not recorded (Sirri marriage). In fact, if we examine more seriously, many Sirri marriages cause harm especially, on the part of women and children. And in fact, not the least negative effects caused by Sirri marriage. This paper discusses sirri marriage in the perspective of Islamic law and the National Marriage Law. Because sirri marriage not stated explicitly in both the Qur’an and hadith, hence, to determine the law (istinbat al-hukmi), jurists of Islamic law (in this case) do ijtihad whereby sirri marriage is categorized as al maslahat al murasalah, which refers to the maqasid al-shari’ah. However, sirri marriage is actually problematic for several reasons. First, sirri marriage is not part of prophetic tradition. Because, the Prophet advocates and implements wedding party (walimah al-’Ursy) with aim to proclaim marriage to the public (i’lanun nikah). On the other hand, the recording of the marriage is the leader commands (Ulil Amri). Meanwhile, Allah and the Prophet ordered to obey the leader (Amri Ulil). Since the recording of the marriage will benefit Muslims (maslahah), then Muslims should stay away from harm (mudharat). Second, sirri marriage is not in accordance with the national law of marriage, because the point ‘marriage record’ does not exist in the concept of sirri marriage. Whereas, marriage registration set forth in Article 2, paragraph 2 of Law marriage, no. 1 of 1974 and article 2, paragraph 1, 2, 3 of Law no. 9 of 1975, the Code of Civil Law (KUHP) and the Compilation of Islamic Law (KHI).

Pembaruan pemikiran hukum keluargaIslam di Indonesia

Islamic family law or ahwal al-shakhsiyyah has prevailed in Indonesia since the inception of the law no. 1year 1974 concerning with marriage and the compilation of Islamic law in Indonesia (KHI) in 1991.Islamic family law run in Indonesia is not exactly the same as those contained in the books of classicaljurisprudence (fiqh). From its materials has been found in the legislation, there are a number of newprovisions that was different from those classical Islamic jurisprudence such as in marriage record, agerestrictions of marriage, polygamy, inheritance and wasiah wajibah etc. These new provisions were issuedby scholars and contemporary Islamic jurists in the context of law reform.