Abstract:Perkawinan anak masih menjadi persoalan hukum di Indonesia meskipun batas usia minimum perkawinan telah dinaikkan menjadi 19 tahun melalui Undang-Undang Nomor 16 Tahun 2019. Kenaikan usia ini justru meningkatkan permohonan…
an dispensasi kawin ke Pengadilan Agama, sehingga menimbulkan pertanyaan mengenai kesesuaian pemberian dispensasi dengan ketentuan yang berlaku serta dasar pertimbangan hakim dalam mengabulkannya. Penelitian ini bertujuan untuk menganalisis kesesuaian pemberian dispensasi kawin pasca perubahan batas usia perkawinan berdasarkan Undang-Undang Nomor 16 Tahun 2019 dan PERMA Nomor 5 Tahun 2019, serta menganalisis dasar pertimbangan hakim dalam Penetapan Nomor 2006/Pdt.P/2024/PA.Srg berdasarkan PERMA RI Nomor 5 Tahun 2019. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan, kasus dan konseptual. Bahan hukum primer berupa Penetapan Nomor 2006/Pdt.P/2024/PA.Srg dan peraturan terkait dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa pemberian dispensasi kawin telah sesuai secara formal-prosedural dengan Undang-Undang Nomor 16 Tahun 2019 dan PERMA Nomor 5 Tahun 2019, karena hakim telah menempuh seluruh tahapan prosedural yang diwajibkan. Namun, dari sisi materiil alasan berupa kekhawatiran perbuatan menyimpang dari ajaran agama Islam bersifat umum sehingga standar "alasan sangat mendesak" cenderung diterapkan longgar. Dasar pertimbangan hakim terdiri atas unsur formil berupa kewenangan dan kelengkapan syarat administratif, serta unsur materiil berupa fakta hubungan asmara calon mempelai dan penerapan kaidah fikih dar'u al-mafasid muqaddamun ala jalbi al-mashalih, yang ditinjau dari Teori Perkawinan telah memuat sebagian aspek kesiapan calon mempelai namun belum komprehensif pada aspek kesiapan psikologis.
Child marriage remains a legal issue in Indonesia even though the minimum age for marriage has been raised to 19 years through Law Number 16 of 2019. This increase in age has actually increased applications for marriage dispensation to the Religious Courts, raising questions regarding the conformity of granted dispensations with applicable regulations and the judge's basis for consideration in granting them. This study aims to analyze the conformity of granting marriage dispensation after the change in the minimum age limit for marriage based on Law Number 16 of 2019 and Supreme Court Regulation (PERMA) Number 5 of 2019, as well as to analyze the judge's basis for consideration in Decree Number 2006/Pdt.P/2024/PA.Srg based on PERMA Number 5 of 2019. This study uses a normative legal research method with a statutory, case, and conceptual approach. Primary legal materials, including Decree Number 2006/Pdt.P/2024/PA.Srg and related regulations, were analyzed descriptively and qualitatively. The research results show that the granting of marriage dispensation is formally and procedurally in conformity with Law Number 16 of 2019 and PERMA Number 5 of 2019, as the judge followed all required procedural steps. However, from a substantive standpoint, the reasoning concerning acts deviating from Islamic teachings is general in nature, so the "very urgent reason" standard tends to be applied loosely. The judge's basis for consideration consists of formal elements, namely authority and completeness of administrative requirements, and material elements, namely the fact of the romantic relationship between the prospective spouses and the application of the fiqh principle of dar'u al-mafasid muqaddamun ala jalbi al-mashalih, which, when reviewed through Marriage Theory, has addressed some aspects of the prospective spouses' readiness but has not been comprehensive regarding psychological readiness.
Abstract:Penelitian ini mengkaji pertanggungjawaban hukum seorang direktur yang menggunakan aset pribadinya untuk memenuhi kewajiban pembayaran pesangon perusahaan, khususnya ditinjau dari Pasal 1338 KUH Perdata dan Undang-Undang…
Nomor 40 Tahun 2007 tentang Perseroan Terbatas. Penelitian ini bertujuan untuk menganalisis keabsahan perjanjian yang melibatkan penggunaan aset pribadi direktur serta untuk menentukan dasar hukum pertanggungjawaban direktur atas pembayaran hak-hak karyawan. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan, konseptual, dan kasus. Bahan hukum dianalisis secara deskriptif dan kualitatif melalui penalaran deduktif. Temuan penelitian menunjukkan bahwa perjanjian di mana seorang direktur secara sukarela berjanji menggunakan aset pribadinya untuk menjamin atau memenuhi kewajiban pesangon perusahaan dapat mengikat secara sah selama memenuhi syarat sahnya perjanjian berdasarkan Pasal 1320 KUH Perdata. Pertanggungjawaban pribadi direktur timbul dari hubungan kontraktual yang dibangun secara sukarela, bukan secara otomatis karena jabatannya sebagai organ perusahaan. Penggunaan aset pribadi juga tidak menghapuskan prinsip pemisahan entitas hukum (kekayaan terpisah) antara perusahaan dan direktur. Temuan ini menekankan pentingnya pengaturan kontraktual yang jelas guna memberikan kepastian hukum dalam pemenuhan kewajiban pesangon.
This study examines the legal responsibility of a director who uses personal assets to fulfill a company’s severance payment obligations, particularly from the perspective of Article 1338 of the Indonesian Civil Code and Law No. 40 of 2007 concerning Limited Liability Companies. This study aims to analyze the validity of an agreement involving the use of a director’s personal assets and to determine the legal basis of the director’s responsibility for the payment of employee compensation. The research employs a normative juridical method with statutory, conceptual, and case approaches. Legal materials were analyzed descriptively and qualitatively through deductive reasoning. The findings indicate that an agreement in which a director voluntarily undertakes to use personal assets to secure or fulfill the company’s severance obligations may be legally binding as long as it satisfies the requirements for a valid agreement under Article 1320 of the Civil Code. The director’s personal liability arises from the contractual relationship voluntarily established, rather than automatically from the director’s position as a corporate organ. The use of personal assets also does not eliminate the separate legal entity principle between the company and the director. These findings emphasize the importance of clear contractual arrangements in providing legal certainty for the fulfillment of severance obligations.
Abstract:The Qur'an, as the primary source of Islamic teachings, contains legal verses that require in-depth interpretation for proper application, one notable example being Tafsir al-Maraghi by Ahmad Musthafa al-Maraghi, a contemporary…
mporary Egyptian scholar known for his moderate stance and independence from madhhab fanaticism. This study aims to reveal al-Maraghi's typology of ijtihad in interpreting legal verses, identify the legal products he produced, and examine his responses to contemporary legal issues. The research employs a library research method with a descriptive-analytical approach and fiqhi tafsir framework, using Tafsir al-Maraghi as the primary source alongside various ahkam tafsir and fiqh works as secondary sources, analyzed through content analysis and comparative reasoning. The findings show that al-Maraghi developed an integrative ijtihad model combining five typologies, namely bayani, tarjihi, maqashidi, istislahi, and tajdidi, with maqashid al-shari'ah orientation as the most dominant character, spanning worship, marriage, inheritance-testament, transactions, politics, and criminal law. The study concludes that this ijtihad pattern produces moderate, contextual legal interpretations relevant to the development of contemporary Islamic law in Indonesia. Further research is recommended to apply a systematic contemporary maqashid approach.
Abstract:The study concludes that taxpayer compliance is driven by various economic, social-psychological, and demographic factors. Economic factors, such as reasonable tax rates and the enforcement of effective penalties, play a…
significant role in improving compliance. Additionally, social-psychological aspects, including increased tax awareness, trust in government, and social norms, are critical in influencing taxpayer behavior. Demographic characteristics, such as age, education, and income levels, also affect compliance likelihood. To foster higher tax compliance, governments must adopt a comprehensive strategy that combines economic incentives, social influence, and educational initiatives. Addressing these diverse factors can lead to a more efficient tax system and encourage voluntary compliance among taxpayers.
Abstract:This article examines the genealogy of al-Syāṭibī’s maqāṣid thought in al-Muwāfaqāt, focusing on its intertextual roots and later influence in contemporary Islamic legal thought. Using qualitative library research and intertextual…
arch and intertextual analysis, it reads al-Muwāfaqāt not as an isolated text, but as part of a broader network of uṣūl al-fiqh traditions before and after al-Syāṭibī. The study argues that al-Syāṭibī’s maqāṣid theory was not entirely new, but represented a systematic development and epistemological reconstruction of earlier ideas, especially al-Ghazālī’s conception of maṣlaḥah mursalah. Al-Syāṭibī’s major contribution lies in transforming maṣlaḥah mursalah from a subsidiary legal proof into a foundational principle of Islamic legal reasoning. The article also shows that the Mālikī intellectual milieu of Granada, along with rational elements introduced through Mu‘tazilite theology and philosophy, contributed to the formation of his thought. After a long period of dormancy, al-Syāṭibī’s maqāṣid thought was revived through the publication of al-Muwāfaqāt in Tunisia and later developed by Ibn ‘Āshūr, contemporary uṣūl scholars, and Qur’anic hermeneutical thinkers such as Abdullah Saeed.
Abstract:Arabic morphology constitutes a fundamental branch of classical Arabic linguistics, focusing on morphological word transformation (tashrif) and derivational morphology. Despite more than a millennium of development, epistemological…
temological inquiry into ilmu sharaf — concerning its sources of knowledge, methods of rule formation, and scientific validity — remains considerably limited in contemporary academic literature, with existing studies tending toward normative and pedagogical orientations that neglect its fundamental philosophical dimensions. This article aims to examine the epistemology of ilmu sharaf from the philosophy of science perspective, tracing its historical genealogy from the early Islamic codification period through to modern Arabic linguistics, and analyzing its contributions to contemporary Arabic morphology. The research employed a qualitative library research method with historical, epistemological, and comparative-linguistic approaches, utilizing critical analysis of relevant primary and secondary sources. The findings reveal that ilmu sharaf possesses a robust epistemological foundation derived from the Qur'an, hadith, classical Arabic fushah poetry, and qiyas (analogical reasoning), and was developed through the methods of sima' (documentation), istinbath (inference), and ta'lil (rational justification) by linguists of the Bashrahn and Kufahn schools. Ontologically, its subject matter is morphological word transformation that produces semantic change; axiologically, it functions to preserve Arabic linguistic purity and facilitate Qur'anic comprehension. The contributions of ilmu sharaf to modern Arabic linguistics are demonstrably significant, particularly in the development of root-and-pattern morphology theory, derivational semantics, and Arabic natural language processing (NLP). These findings indicate that the classical sharaf tradition is not merely historically relevant but also carries important methodological implications for contemporary Arabic computational linguistics.
Abstract:The identification of error types based on Newman’s Procedure includes reading, comprehension, transformation, process skills, and answer encoding. The objective of this study is to describe the analysis of students’ errors…
errors in solving mathematical logic problems based on Newman’s Procedure. This research adopts a descriptive qualitative approach involving first year students enrolled in the mathematical logic course within the Information Systems program. Data were collected through a diagnostic test administered to three students representing different levels of academic ability: one low ability student, one moderate ability student, and one high ability student. Students’ ability levels were measured based on tests covering compound propositional logic and logical operations. Data analysis was conducted by classifying errors at each stage of Newman’s Procedure, tracing the underlying factors contributing to these errors, and relating them to students’ logical reasoning abilities. Accordingly, the research method employed in this study is descriptive qualitative research. The resulting error classifications were subsequently used by lecturers as a basis for recommending improvements in instructional strategies. The results indicate that students with low ability made errors across all stages from K1 to K5, students with moderate ability tended to make errors at the case exploration and process skills stages, while students with high ability were able to complete all stages systematically and consistently. These findings confirm that the Newman Procedure is effective in mapping students’ thinking errors. Therefore, the implementation of differentiated learning strategies that emphasize problem comprehension, case exploration, and logical verification is recommended to enhance students’ reasoning abilities
Abstract:The teaching of fiqh munakahat in Islamic boarding schools is generally still dominated by a normative-legalistic approach, which emphasizes the determination of legal status, such as halal–haram or valid–invalid, based…
sed on texts and the authority of classical books. This approach is important in preserving the scholarly tradition of fiqh, but in practice it often does not encourage students to understand the legal objectives and social implications of fiqh provisions. This study aims to analyze how the maqāṣid syariah reasoning approach can be applied in the teaching of fiqh munakahat and how this approach influences the students' way of thinking. This study uses a qualitative approach with a case study design conducted at the Al-Ansor Islamic Boarding School in Padangsidimpuan. Data were collected through observation of the learning process in the classroom, discussions with students, and reflections from teachers during the field study. The results of the study show a shift in the students' way of thinking from a textual understanding of the law to a more reflective understanding, taking into account the social context and objectives of sharia. This research contributes by offering a more contextual, reflective, and relevant model of fiqh munakahat learning for the challenges of contemporary Muslim family life.
Abstract:This research aims to explore, analyze and understand the use of suluk and jawokan in the context of the culture and traditions of the Cirebon-Indramayu community. The type of research used is a qualitative descriptive study…
tudy with an ethnographic approach to document the use of suluk and jawokan in various traditional ceremonies, rituals, as well as aspects of the social and spiritual life of the community. Data collection methods include direct observation, in-depth interviews, and searching related literature. The research results show that suluk and jawokan have an important role in traditional ceremonies, traditional medicine, and religious rituals, used for various purposes such as healing, protection, and communication with ancestral spirits.
Apart from that, suluk and jawokan reflect cultural values and local wisdom passed down from generation to generation. This research concludes that preserving suluk and jawokan as part of intangible cultural heritage is very important to maintain the identity and cultural sustainability of the people of Cirebon-Indramayu. The mysticism of suluk and jawokan is oral literature that developed among the people of Cirebon-Indramayu as a vehicle for expression in expressing ethics, aesthetics and transcendent values in deeper social and religious realms.
Based on the research results, the students' writing level is very enthusiastic, so that students are able to express ideas, thoughts, and messages in writing poetry or mantras. It turns out that based on the table, 70% of students like writing, 15% dislike it, and 15% are hesitant. Learning to write requires continuous practice. For this reason, teachers as facilitators and motivators for students, should offer strategies in the form of methods and media that are interesting for students. The strategies used by teachers determine the success of learning. To achieve writing skills, a lot of practice is needed. Appropriate and varied writing exercises will make it easier for students to learn the language and have a big influence on learning other subjects. Therefore, the role of teachers and their creativity in the learning process also determines the success of students in learning the language, especially writing lessons.
Abstract:Muhammad Iqbal emerged during a period of intellectual stagnation in the Muslim world in the early 20th century, introducing a fresh and visionary idea: the reconstruction of religious thought. In his seminal work, The Reconstruction…
Reconstruction of Religious Thought in Islam, Iqbal proposed a way out of this stagnation by revitalizing the Islamic intellectual heritage while engaging in a critical dialogue with modernity. This study aims to examine the key concepts of Iqbal's project, including his critique of Greek philosophy, his dynamic view of ijtihad (legal reasoning), his theory of the "Khudi" (Self), his dynamic concept of God and the universe, and his vision of spiritual democracy. Using a qualitative approach with philosophical-hermeneutic analysis, this research concludes that while Iqbal's thought has been widely appreciated as a revitalizing force for Islamic intellectualism, it has also faced criticism concerning its practical implementation and philosophical consistency. The study finds that Iqbal's ideas remain profoundly relevant today, particularly in navigating the challenges of modernity without sacrificing Islamic identity.