El-Ailah: Jurnal Ilmiah Mahasiswa Hukum Keluarga

Implementasi Pemenuhan Hak Perempuan pada Perkara Perceraian di Mahkamah Syar’iyah Banda Aceh

2024-05-07T15:40:25+00:00

Abstract: In every marriage, there are times when there are problems in the household, there are times when the problems can be resolved well and there are also times when they cannot be resolved well. So, the only way for problems that cannot be resolved well is through divorce. There are two types of divorce, namely talak divorce and lawsuit divorce. In every divorce, every husband has the right to provide support to his wife in the form of mut'ah income, madhiyah income, iddah income and hadhanah income. In demanding her rights, the divorced wife gets protection from the rules contained in PERMA No. 3 of 2017 and is accommodated by SEMA No. 2 of 2019 in divorce cases at the Banda Aceh Syar'iyah Court regarding the fulfillment of women's rights in divorce cases. In Islam it is also regulated that every husband who divorces his wife has the right to give his wife her rights as stated in the QS. At-Talaq verses 1-6. The method used in this research is a normative juridical method and field study at the Banda Aceh Syar'iyah Court. The results of this research show that after a divorce occurs, women's rights, especially income, are guaranteed in the Marriage Law, as well as the issuance of Perma number 3 of 2017. Then, according to Islamic law, the ex-husband has the obligation to provide iddah and hadhanah support to his wife and children, mut'ah maintenance for women who are divorced, as well as dowry debts that must be repaid immediately.

Keywords: Women's Rights After Divorce, Positive Law, Islamic Law.

Implementasi Qanun Kota Banda Aceh Nomor 2 Tahun 2021 tentang Kota Layak Anak

2024-05-07T15:24:25+00:00

Abstract: This research raises the problem of (1) how is the implementation of Banda Aceh City Qanun Number 2 of 2021 concerning Child Friendly Cities in Banda Aceh City, (2) how do parents perceive the role of the Banda Aceh City government in implementing Banda Aceh City Qanun Number 2 of 2021 concerning Child Friendly Cities, and (3) how does Islamic family law review the role of the Banda Aceh City government in making Banda Aceh city a child-friendly city. This research method is juridical sociological with a statutory approach. Data collection is done by interview, documentation and literature study. The results of the study found that the implementation of Banda Aceh City Qanun Number 2 of 2021 concerning Child Friendly Cities in Banda Aceh City was carried out by establishing KLA Banda Aceh City institutions, implementing healthy internet programs, providing reading facilities, forming children's forums, providing child-friendly information and providing internet programs for children's needs. Parents' perceptions are that KLA has been very good at helping the needs of children in Banda Aceh City. While other parents' views state that KLA has not succeeded in fully fulfilling children's rights. The review of Islamic family law on the role of the Banda Aceh City government in making Banda Aceh city a child-friendly city is in accordance with Islamic values. This is because the Banda Aceh City government has sought the fulfillment of children's rights such as education, physical and spiritual health and so on, which are currently very persistent values instilled in the world population including Muslims.

Keywords: Implementation, Child Friendly City, Parents' Perception.

Pandangan Ulama Kabupaten Langkat tentang Hukum Memberikan Karangan Bunga saat Walimatul ‘Urs

2024-05-07T15:30:36+00:00

The practice of giving flower arrangements at the walimatul 'urs event often occurs among the community, especially in Langkat Regency. Basically, the giving of flower bouquets during the walimatul 'urs is not strictly regulated in the text, giving rise to differences of opinion among the ulama of Langkat Regency. The focus of this research aims to answer two problem formulations, namely how to practice giving flower bouquets and the views of the Ulama of Langkat Regency regarding giving flower bouquets during walimatul 'urs. The research method that the author uses is an empirical research method with a qualitative descriptive approach. Then the data used is primary data and secondary data. Based on the results of the research that has been carried out, the conclusions obtained are; Firstly, the practice of giving flower bouquets in Langkat Regency often occurs in the community as a sign of a lively party, a form of support, and as a sign of strengthening the ties between the giver and the recipient. However, placing flower arrangements along the road can disturb road users because the flower arrangements fall due to wind, rain or being knocked over by road users. Second, Langkat Regency clerics are of the opinion that it is permissible to give flower bouquets during the walimatul 'urs, considering that there is no text that explicitly regulates the law on giving flower bouquets. Furthermore, the positive value of giving a bouquet of flowers is that as a gift, by giving a bouquet of flowers someone can maintain friendship because they cannot attend the event, but can represent it by giving a bouquet of flowers.

Keywords: Views of Ulama, Flower Bouquets, Walimatul 'Urs

Pembagian Harta Bersama Pascaperceraian Menurut Peraturan Perundang-undangan di Indonesia

2024-05-07T20:03:15+00:00

The division of mutual assets after divorce is one of the legal consequences that occur after divorce. The joint property itself must be divided fairly between the former wife and the former husband. The percentage of joint property itself is regulated in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) in Article 97 which states that the division of joint property is equal, namely one-half (½) for the husband and one-half (½) for the wife. However, after this Presidential Instruction is no longer included in the hierarchy, many judges' decisions do not divide one-half (½) due to certain factors that make it fair that it does not have to be half or ½. So, with the description above, the author wants to explain the division of mutuan assets after divorce according to the legislation. The purpose of this writing itself is to find out the division of joint property after the divorce. This research is a type of library research using a statute approach. The results of the author's research and analysis show that it is true that the division of joint property is half or ½ part for the former husband and former wife, as long as no other rules are determined. However, judges themselves have an obligation to uphold the truth and a sense of justice in people's lives as stated in Article 28 of Law No. 4 of 2004 concerning judicial power. Thus, the division of joint property is not always divided equally between husband and wife. The division of joint property should be done fairly so that it will not cause injustice between which one is the husband's right and which one is the wife's right.

Keywords: Mutual Assets, Post-Divorce

Pemenuhan Hak Nafkah Istri dalam Masa ‘Iddah

2024-05-07T15:35:11+00:00

The income of the ‘iddah period is an obligation of the husband to be given to his ex-wife and to follow the orders and provisions of the law. The legal basis for ‘iddah is explained in KHI article 149 letter b and in the Qur'an surah at thalaq: 6. Therefore, the problem raised in this thesis is what are the factors of non-fulfillment of the wife's right to provide during the ‘iddah period, how Islamic law views the wife's right to provide during the ‘iddah period. The purpose of this study was to determine the factor of non-fulfillment of wife's income during the ‘iddah period in Gampong Kuta Beetle, Seunagan District, and to find out how Islamic law views the right to provide during the ‘iddah period that is not fulfilled in Gampong Kuta Beetle, Seunagan District. The research method used in this study is by conducting direct research in the field (field research). The results of this study found that there was an ex-husband who neglected his obligations to his ex-wife so that this ex-wife did not get a living during the ‘iddah period in the concept of ‘iddah income in Kuta Beetle, Seunagan District. The factors that cause the non-fulfillment of income during the ‘iddah period are the absence of responsibility, lack of a sense of care and awareness, economic factors, in terms of the view of Islamic law a husband whose wife mentality then brings legal consequences, such as the provision of ‘iddah and mut'ah, and the law is obligatory in accordance with the nash of the Qur'an.

Keywords: Fulfillment of Wife's Right, ‘iddah Period

Peran Pemerintah terhadap Pengasuhan Anak Terlantar oleh Orangtua yang Bercerai

2024-06-14T15:32:39+00:00

Abstract: The existence of abandoned children in Aceh is an issue that should ideally be a serious concern from many parties, the community and the government, especially aspects of childcare and fulfillment of basic needs that are not obtained from the family. The Government of Aceh through UPTD RSAN Aceh Social Service plays a role in child care. This article focuses on the criteria for abandoned children in UPTD RSAN Aceh Social Service, the government's role in the care of abandoned children in UPTD RSAN Dinas Sosial Aceh, and parenting patterns carried out at UPTD RSAN Dinas Sosial Aceh. This study uses a qualitative approach, with a descriptive type of analysis. The results of this study show that the criteria for children in the UPTD RSAN Aceh Social Service consist of abandoned children, street children, children who face the law and children who need special protection. Specific criteria for abandoned children are children who do not receive care and care for parents and families. The government's role in the care of abandoned children through UPTD RSAN at the Aceh Social Office is to meet the basic needs of children consisting of food, clothing and high places in the form of dormitories, education and health. The parenting pattern implemented at UPTD RSAN Aceh Social Service tends to use authoritative parenting. The care of abandoned children at UPTD RSAN Aceh Social Service still has constraints on human resources and budget aspects.

Keywords: Role, Government, Care, abandoned childcare, Divorced