Marriage is one of elementary institution (basic institution) in law of Islam family, marriage is agreement which born from desire of a men and woman to coexist in tying akad. Marriage do not only have a meaning of the civil agreement, but also agreement owning meaning spiritual, later on will generate the rights and obligations of among/between spouse well-balancedly, however everybody do not can form an family which is is dreamed of the. Marriage can break and end because several things, that is because the happening of divorce which is is knocked down by husband to its wife, or because divorce that happened among/between both. Delivering birth nya of PERMA number 1 Year 2008 about Mediasi can assist the process of is solving of dispute of among/between spouse to obtain;get the agreement of the parties assistively by mediator. Mediasi one of process is solving of cheap and quicker dispute, and also can give to access the larger ones to the parties find the satisfying solution and fulfill sense of justice.
Penelitian ini bertujuan agar sanksi pidana adat bisa diterapkan dengan baik oleh Lembaga adat maupun masyarakat Aceh khususnya di Gampong Juli Cot Mesjid Kecamatan Juli Kabupaten Bireuen sehingga menciptakannya lingkungan masyarakat yang aman dan damai tanpa adanya kekerasan baik dalam masyarakat maupun dalam rumah tangga. Akan tetapi walaupun sudah diselesaikan secara Lembaga adat Gampong ternyata masih adanya pelaku kdrt yang masih mengulangi perbuatannya, bisa kita lihat bahwa sanksi adat yang diberikan masih sangat kurang sehingga pelaku tidak takut untuk mengulangi perbuatan tersebut. Metode yang digunakan empiris sosiologis dengan pendekatan kualitatif dan sifat penelitiannya deskriptif analisis dengan lokasi penelitian di Gampong Juli Cot Mesjid Kecamatan Juli Kabupaten Bireuen. Hasil penelitian Berdasarkan hasil penelitian yang dilakukan Di Gampong Juli Cot Mesjid Kecamatan Juli masih adanya pelaku yang melakukan kekerasan dalam rumah tangga yang dipicu oleh masalah ekonomi dan juga perselingkuhan, meskipun sudah pernah di selesaikan oleh Lembaga adat gampong, namun tidak membuat sipelaku untuk berubah atau jera, apakah penerapan sanksi adat yang diberikan tidak efisien sehingga tidak memberikan efek jera kepada sipelaku.
Blind Chinese marriage is never regulated in the National Marriage Act, however, marriage between a man (muhallil) and a woman who has been rejected by her husband for the purpose of justifying the woman’s able to remarry by her former husband (muhallalah), this often happens to communities in Aceh. This kind of marriage practice is a grave sin. It is classified as a heinous act, which is not allowed, whether the two men concerned determine the conditions when the marriage contract or they both agree before the marriage contract occurs to return immediately, or one of the two intends in his heart to divorce him again. The deed is haram for those who do (Muhallil and Muhalla lah), and even Allah will circumcise it, as the Hadith of Ahmad's History which means "Allah circumcises Muhallil (who married in blind China) and his muhallal (the former husband who told people to be muhallil".( HR. Ahmad). This kind of marriage has never been banned by the authorities, even though this marriage is legalized, especially by the kadhi/ guru ngaji who are in the gampong of the muhallil marriage partner. The purpose of this paper is to find out and explain the Chinese blind marriage as an attempt to justify marriage after talak three in some communities in Aceh and What factors cause the occurrence of Chinese blind marriage.
The Gampong Customary Court always strives to achieve justice for competing communities by seeking harmony and harmony as required by Qanun Number 9 of 2008 concerning the Advancement of Customs and Customs. However, there are many obstacles in solving wars because of each of them. The purpose of this study is to identify and explain the control over the payment of inheritance through the Customary Court in Gampong Jambo Mesjid, Kota Lhokseumawe and the obstacles encountered by the organizers of the Traditional Court of Gampong Jambo Mesjid, Kota Lhokseumawe in order to complete the inheritance. This type of assessment is a qualitative approach with a sociological juridical approach. The data sources used are primary data, including the results of interviews with informants and respondents. Secondary data sources come from primary legal materials, secondary legal materials and tertiary legal materials. According to the results of the study, it is known that; The mechanism for inheritance disputes through the Customary Court in Gampong Jambo Mesjid, Kota Lhokseumawe is carried out through deliberation techniques between members of the Gampong Customary Court, community leaders, and also from the families of the two disputing parties. Cases are resolved by prioritizing the principles of peace, kinship, and finding reliable sources of information on the matter. In a dispute, the disputing parties must be notified in accordance with the rules of common law, religion, and applicable positive law. The result of a joint decision, “Gani Ali Basyah is charged with paying compensation to Ti Aman in the amount of Rp. 7.500.000, - (Seven million five hundred thousand rupiah)". The obstacles faced by the executor of the Traditional Court of Gampong Jambo Mesjid, Kota Lhokseumawe in resolving the dispute were the difficulty of dealing with the defendant, the occurrence or difference of opinion between the defendant and the plaintiff, and the fact that the parties to the dispute did not provide information. We have filed a case with the Village Court to conceal the facts that led to the inheritance dispute, the provocation of third parties and the lack of accurate data on inheritance. It is recommended to open the views of the conflicting parties about the peace efforts and various legal aspects and their scope. The community has the right to continue to peacefully resolve inheritance disputes through the Gampong Customary Court. The settlement of cases will follow the mechanism recommended by Islamic law.
The crime of document fraud committed by Malaysian foreign nationals is charged with Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration. The form of immigration crime committed was passport forgery so that the perpetrator was sentenced to 1 year in prison and a fine of IDR 1.000.000. However, the sentence is considered too low so that it does not provide a deterrent effect to the perpetrators of immigration crimes. Supposedly, the judge can decide on a heavier sentence based on the provisions in Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration.
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