Eksistensi Yurisprudensi Mahkamah Agung (MA) Dalam  Penegakan Hukum Keluarga Islam Indonesia

Islamiyati, Islamiyati; Priyono, Ery Agus; Hendrawati, Dewi; Budiman, Achmad Arief

doi:10.14710/ldjr.v3i1.7349

Cited by 3 publications

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“…So that the law can be enforced and in accordance with its objectives, namely to provide peace, order, and community happiness. 40 Jurisprudence which is one of the means of reforming Islamic family law aims to achieve the goal of establishing Islamic law, namely to bring benefit while maintaining religion, soul, mind, property and descendants. This was done to uphold justice.…”

Section: The Role Of Supreme Court Jurisprudence In Development Of Is...mentioning

confidence: 99%

The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia

Purkon¹,

Buang

Jamaludin

2022

qadha

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The development of Islamic family law is carried out in all countries where the majority of the population is Muslim. New ideas in the field of Islamic family law are generally stated in the form of legislation. In Indonesia, the final court decision in the field of Islamic family law decided with the judges of Indonesian Supreme Court. The decision of Supreme Court judge will be jurisprudence. This study aims to examine the role of Supreme Court's jurisprudence in development of Islamic family law. The research conducted was library research. This study concluded: First, Judges of the Supreme Court in the Islamic civil field have a very important role in the development of Islamic family law in Indonesia. Judges can make breakthroughs or reform the thoughts of Islamic family law as outlined in the decisions they issued. Second, decisions of Supreme Court judges that have permanent legal, fixed and final will be used as jurisprudence or references by judges in the Religious Courts.

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Section: The Role Of Supreme Court Jurisprudence In Development Of Is...mentioning

confidence: 99%

The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia

Purkon¹,

Buang

Jamaludin

2022

qadha

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“…1, 1991. Jurisprudence was used to reform the law prior to the formation of the Compilation of Islamic law. Jurisprudence's function becomes critical since it exists to fill the legal vacuum in resolving legal case which legal basis is not fully defined in the legislation (Islamiyati et al, 2020). Jurisprudence is frequently used in the study of Islamic family law to solve societal problems and offer legal certainty that is not addressed normatively by religious or state legislation.…”

Section: Introductionmentioning

confidence: 99%

“…This critique is being made in order to ensure legal certainty, protection, and maslahah. (Islamiyati et al, 2020) In terms of national law reform, which takes the form of various legal instruments, Indonesian legal reform policies are formulated to emphasize the concept of integration by respecting and acknowledging the existence of religious and customary (adat) law, as well as radical reform of Dutch inheritance law (Garis Besar Haluan Negara (GBHN), 1999). This is a challenge for Islamic law, which must deal with constantly changing practical facts that diverge from the classical Islamic scholar formulation of inheritance distribution.…”

Section: Introductionmentioning

confidence: 99%

Konstruksi Pemikiran Pembaharuan Hukum Kewarisan Islam Di Indonesia (Studi Yurisprudensi Mahkamah Agung)

Reskiani

Tenrilawa

Aminuddin³

et al. 2022

JURIS

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This research examines the istinbath construction in the Indonesian Supreme Court’s inheritance law jurisprudence, which has resulted in the emergence of conservative groups who criticize inheritance fiqh because their findings contradict classical Islamic law. This research is a qualitative descriptive study using a legal-contextual approach to pluralism and Menski's triangular. The results show that the Supreme Court's jurisprudence applies the Transformative-Universalism concept, which uses ijtihad intiqa'i and extra-doctrinal technical building methods of legal reform. According to Menski, the reform of fiqh law can be carried out in three forms: 1. Paying attention qath'i in inheritance law which has Islamic-philosophical values; 2. Expanding the formulation other than the qath'i by taking into account the sociological values of society and its customs, as well as the substance of maslahah in it; 3. Carrying out legal-formal reform through fiqh with philosophical considerations of Islamic law and empirical (customs and social reality).

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“…Apalagi larangan tersebut diikuti dengan ancaman pidana, yang seharusnya ketentuan mengenai perbuatan yang diancam pidana harus memenuhi rumusan yang bersifat jelas dan tegas (lex certa), tertulis (lex scripta), dan ketat (lex stricta) (penebalan dari penulis)." Sumirnya unsur "sepatutnya harus diduga bahwa diperoleh dari kejahatan penadahan" dalam delik penadahan yang menyebabkan kaburnya di dalam penegakan hukum pidana tersebut, sejatinya juga bertentangan dengan prinsip kepastian hukum yang dijamin di dalam Pasal 28D ayat ( 1 (Islamiyati, Priyono, Hendrawati, & Achmad Arief Budiman, 2020). Mahkamah Agung berharap, melalui yurisprudensi terbitan tahun 2019 ini dapat bermanfaat bagi para hakim sebagai rujukan dalam memecahkan persoalan dan isu hukum yang sama (Agung, 2019).…”

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Analisa Pembelian Barang Underpriced Sebagi Bentuk Kesalahan Delik Penadahan: Tinjauan Yuridis Yurisprudensi Mahkamah Agung Nomor 2/Yur/Pid/2018

Salim

Ningrum

Pratama

et al. 2020

GOLREV

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The purpose of this article is to find out the application of Supreme Court Jurisprudence Number 2 / Yur / Pid / 2018 which provides legal rules related to underpriced purchases as the fulfillment of the element "should be suspected that it was obtained from criminal offenses" in the offense. This research is legal research with a statutory approach and conceptual approach. The research results obtained are the application of the new legal rules in the Supreme Court Jurisprudence Number 2 / Yur / Pid / 2018 to the element of negligence in the offense delimitation in Article 480 of the Criminal Code. are required by law and do not exercise caution as required by law which is an element of negligence. In the element of not making guesses as required by law, it is related to the inner attitude of society in general, wherein movable objects the authorities are considered as the owner and society, in general, cannot know the market price of each movable object. This is different from immovable objects, where the authorities are not always the owners, where ownership is generally based on certificates so that the general public can know the price of the immovable object. In its development, registered and unregistered objects were born, whereas, in registered objects, the general public could find out the price of these registered objects, because ownership of these registered objects could be known publicly. About not taking the precautions required by law, which must be seen whether there is a behavior of the defendant to take preventive measures related to the origin of the goods, where when the buyer/seller has taken precautionary measures, it can be said that the buyer/seller has done the duty to be careful so that it cannot be said that negligence has occurred.

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Eksistensi Yurisprudensi Mahkamah Agung (MA) Dalam Penegakan Hukum Keluarga Islam Indonesia

Cited by 3 publications

References 0 publications

The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia

The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia

Konstruksi Pemikiran Pembaharuan Hukum Kewarisan Islam Di Indonesia (Studi Yurisprudensi Mahkamah Agung)

Analisa Pembelian Barang Underpriced Sebagi Bentuk Kesalahan Delik Penadahan: Tinjauan Yuridis Yurisprudensi Mahkamah Agung Nomor 2/Yur/Pid/2018

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