5 research outputs found

    Dasar Pertimbangan Hakim Terhadap Kesaksian Saksi Istifadah Dalam Perkara Itsbat Nikah

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    This research is based on a case which registered in Mahkamah Syar’iyah Kualasimpang as case number 10/Pdt.P/2021/MS.Ksg about istbat nikah wherein this case the witnesses who gave their testimonies were istifāḍah witnesses whereas an istifāḍah witness does not meet the criteria as a witness nor meet the matril requirements as regulated in clause 171 verse (1) HIR, clause 308 Rbg and 1907 The Book Of Civil Law all of which say every witness has to give their testimony based on what they saw, heard and experienced in an event while an istifāḍah witness had only heard rumor or story from someone else that an event has occurred. Based on this witnesses’ testimonies, judges authorized istifāḍah witnesses to give their testimonies to be heard in trial. Therefore researcher is interested to study further on howcome judges to consider the authorization of istifāḍah witnesses testimonies in istbat nikah case number 10/Pdt.P/2021/MS.Ksg and how Islamic law views the use of istifāḍah witnesses’ testimonies in an istbat nikah case. The methods used in this research are field study method and library study method with juridical normative approach. The result of the research claims that istifāḍah witnesses’s testimonies can be heard in trial as long as the testimonies given cannot be proved otherwise then the testimonies are true, it means as long the testimonies cannot be denied by another evidence, then two evidences in a form of document and testimony are sufficient, and by considering the matching of the testimonies given by the two witnesses then the testimonies given by istifāḍah witnesses are acceptable as judges’ preasumption, Islamic law views this matter can only be applied in some cases, one of which is istbat nikah case, with this in mind judges grant the pleader I and the pleader II their plead

    Efektivitas Anggaran Penanganan Sampah Pasca Covid-19 Studi Pada Dinas Lingkungan Hidup Kabupaten Bengkalis Tahun 2020

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    During the Covid-19 period, various activities and activities were affected and underwent changes, including changes in waste management. This study aims to look at the role of the Bengkalis Regency Environmental Service (DLH) in managing the waste budget during the COVID-19 period. The budget has an important role for an organization, both government and private. Budget is a management control tool to achieve organizational goals. Local governments have an important role in planning and realizing budgets. The purpose of this study was to find out (1) the Budget Mechanism of Waste Handling in Bengkalis Regency. (2) Effectiveness of the Waste Handling Budget at the Environmental Service during the Covid 19 era. The type of data used in this study is qualitative data and calculation of effectiveness measurements. The results showed that the level or criteria for budget effectiveness for waste handling activities in 2020. The level of effectiveness in 2020 was 99.29% with effective criteria. To increase the effectiveness of budget realization, it is necessary to coordinate and cooperate between parties and make good planning and implementation to achieve maximum results

    Introducing the Unique Cultures from Gubugklakah and Tengger to International Citizens

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    Although thousands of tribes, with their unique characters, are scattered throughout the earth of Indonesia, the country remains intact into a single unitary state. This country's wealth is important to be introduced not only to Indonesian people, but also to international citizens. In this community service, we had the opportunity to bring University of Malaya international students to learn about one of the cultures and lives of the people of Gubugklakah and Tengger villages. This activity was done for two days and before the Covid-19 pandemic. They were even invited to live with residents to truly feel how to live in a traditional environment. The international students learned about language, ethnic, religion, way of life and the natural conservation in Indonesia. This is an important and unforgettable experience for anyone who has never touched the beauty of life in a village where the houses are not restricted by locked fences

    Sanksi Pidana Terhadap Anggota TNI dalam Perspektif Keadilan Berdasarkan Pasal 363 Ayat (1) KUHP (Studi Putusan No.126-K/PM.II-08/AD/VII/2020)

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    Criminal acts of theft that occur in Indonesia are not only committed by the general public, there are also thefts committed by several elements of the state apparatus, such as theft committed by members of the Indonesian National Army (TNI). If during the term of office a member of the TNI carries out activities against the law or this is related to a criminal act, the Military Police have the authority to carry out the inquiry and investigation process in accordance with the applicable rules and SOPs in the Criminal Procedure Code (KUHAP) and the Law. -Law Number 31 of 1997 concerning Military Justice. In Article 69 paragraph (1) of Law no. 31 of 1997. Normative research is used by the author because it applies legal theories and positive legal regulations in analyzing legal criminal sanctions. Meanwhile, the results obtained from this writing are that the main criminal sanction is imprisonment, and additional criminal sanctions are in the form of dismissal

    Istifadhah Witness (Testimonium De Auditu) for Marriage Authentication (Analysis of Kuala Simpang Religious Court Ruling Number: 10/Pdt.P/2021/MS.Ksg)

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    This article would like to discuss about istbat nikah (marriage authentication) where the witnesses who gave their testimonies were istifadhah witnesses (Testimonium De Auditu) based on a case which registered in Mahkamah Syar’iyah (Religious Court) in Kuala Simpang, Aceh, as a case number 10/Pdt.P/2021/MS.Ksg. However, based on this witness’ testimonies, the judges authorized istifadhah witnesses to give their testimonies to be heard in front of the Court. It has challenged academically to know and dig more about the judge’s reasoning on why he consider the authorization of  istifadhah witnesses testimonies in istbat nikah on mentioned case. It is also interesting to analyze on how Islamic law view about istifadhah witnesses’ testimonies in an istbat nikah case. The combination between field study and library study with juridical normative approach is used as the method in this research. The result shows that istifadhah witnesses’s testimonies can be heard in the court as long as the testimonies given cannot be proved, otherwise then the testimonies are true. Similarly, Islamic law views this matter can only be applied in some cases, one of which is in istbat nikah case
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