scholarly journals Kepastian Hukum Harta Bersama bagi Istri Pertama dalam Perkawinan Poligami

2021 ◽  
Vol 6 (1) ◽  
pp. 66
Author(s):  
Willy Budianto ◽  
Rachmi Sulistyarini
Keyword(s):  
Islamic Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Polygamous Marriage ◽  
The Future ◽  
Shared Property ◽  
The Creation ◽  
The Law ◽  
Joint Property

This study aimed to analyze the legal certainty of shared property as well as the urgency of marriage agreements on the shared property for first wives in polygamous marriages. The research used the statute approach. The provisions of the law on joint property in polygamous marriage based on Article 94 of the compilation of Islamic law did not provide legal certainty to the first wife, thus the creation of a marriage treaty deed on joint property under Law Number 1 of 1974 on Marriage became one of the efforts to obtain legal certainty. The urgency of the marriage agreement on the joint property for the first wife in a polygamous marriage was related to the legal protection of the first wife when the husband was influenced by the second wife in the future.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 160-174
Author(s):  
Azmil Fauzi Fariska
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Secondary Material ◽  
Library Research ◽  
Primary Reference ◽  
Shared Property ◽  
Data Collection Technique ◽  
Research Decision ◽  
Joint Property ◽  
Laws And Regulations

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH DALAM SISTEM HUKUM PERKAWINAN INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B

2018 ◽  
Vol 4 (1) ◽  
pp. 37-45
Author(s):  
Gina Yunita
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
Legal Certainty ◽  
Sociological Approach ◽  
Polygamous Marriage ◽  
Legal Uncertainty ◽  
Article 5 ◽  
Joint Property

A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law  that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive

scholarly journals Perlindungan Hukum terhadap Pencipta atas Pencatatan Suatu Ciptaan yang Sama

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 437 ◽  
Author(s):  
Riko Sulung Raharjo ◽  
M. Khoidin ◽  
Ermanto Fahamsyah
Keyword(s):  
Legal Protection ◽  
Copyright Law ◽  
The State ◽  
Legal Certainty ◽  
Legal Research ◽  
Similar Work ◽  
The Future ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Copyright recognizes a declarative system in which the state automatically protects a creation after it was born without having to be preceded by registration. Article 64 of Copyrights Act Number 28 of 2014 (Copyright Act) states the registration even though it is not a necessity for the creator. This study aims to examine and analyze the legal consequences, forms of legal protection, as well as the future conception of regulations relating to the recording of a work in common by using legal research as its method. The results of the study indicate that the legal consequences on the similar work to the registration, inter alia, the abolition of the power of law for the registration of works, compensation for the creator, and criminal threats. Based on the theory of legal certainty, a provision is a form of legal certainty provided by the Copyright Law. There is a form of legal protection against the creator of the registration of the similar creation, inter alia, the abolition of the power of the law for registration the work by the court, the creator has the right to compensation, and the creator has the right to sue criminal. Based on the theory of legal protection, a provision is a form of protection provided by the Copyright Law. The future conception of the regulation of registration of creation so that it can provide legal protection against the creator through the renewal related to the addition of authority and procedures in conducting checks for ministers in the case of the registration of creation since it was first realized and announced. Based on the theory of legal certainty and the benefits of law, change and renewal can provide legal certainty and legal benefit for the creator and his creation. Keywords: Creator, Recording of Creations, Same Creations

KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT)

2021 ◽  
Vol 1 (3) ◽  
pp. 101-120
Author(s):  
M Iqbal
Keyword(s):  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Coercive Power ◽  
Legal Certainty ◽  
The Family ◽  
The Future ◽  
The Law ◽  
Sense Of Justice

In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power which is regulated in Article 48 of the Criminal Code. However, the problem is that there is no formulation of coercion in the Criminal Code so that judges in deciding cases of murder due to coercion are only based on the judge's considerations and beliefs. Islamic law in comparing the existing arrangements in the Criminal Code is because Islam prioritizes protection and compensation charged to the perpetrator against the family of the murder victim, both intentional and unintentional murder. Meanwhile, the existing criminal policies in the Criminal Code have not met the principles of legal certainty and a sense of justice in society. The concept of Diyat is a welfare solution for the families of victims of murder by force, because this sanction provides benefits that can have an impact on the future. This is what is called maqshid sharia, where the law was created aiming to maintain 5 things, namely religion, reason, soul, lineage, and treasure. And the concept of diyat at least maintains 2 things, namely descent and treasure.

scholarly journals Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
A. Bahruddin
Keyword(s):  
Social Control ◽  
Human Dignity ◽  
Islamic Law ◽  
Legal Protection ◽  
Social Changes ◽  
Legal Certainty ◽  
The Social ◽  
The World ◽  
The Law ◽  
The Times

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.

scholarly journals IMPLEMENTASI PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN POLIGAMI

2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Zainul Fanani
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Polygamous Marriage ◽  
Joint Ownership ◽  
The Common ◽  
Shared Property ◽  
Joint Property

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci:  harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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