scholarly journals Putusan Pengadilan Agama Badung Nomor 0166/Pdt.G/2017/PA. Bdg Tentang Cerai Gugat Karena Salah Satu Pihak Berbeda Agama

2020 ◽  
Vol 1 (2) ◽  
pp. 133-138
Author(s):  
I Putu Wina Wirawan ◽  
I NYOMAN PUTU BUDIARTHA ◽  
NI MADE PUSPASUTARI UJIANTI
Keyword(s):  
Religious Freedom ◽  
Religious Conversion ◽  
The State ◽  
Court Decision ◽  
Marriage Law ◽  
Legal Research ◽  
The One ◽  
Legal Attitudes ◽  
Husband And Wife ◽  
Religious Differences

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.

scholarly journals Kedudukan Anak dari Perkawinan Berbeda Agama menurut Hukum Perkawinan Indonesia

2018 ◽  
Vol 2 (1) ◽  
pp. 43
Author(s):  
Fitria Agustin
Keyword(s):  
Research Method ◽  
Social Reality ◽  
Marriage Law ◽  
Legal Research ◽  
Relationship Problems ◽  
The Law ◽  
Husband And Wife ◽  
Religious Differences

Article 2 paragraph  (1) of Law Number 1 Year 1974 contains provisions that marriage shall be considered valid if done according to the law of their respective religion and belief. The above provision implies no marriage outside the law of each of his or her religion and belief. Intermarriages between people of different religions will obviously cause problems as a result of the law of their marriage, most of which include the rights and duties of each husband and wife, property in marriage, as well as the position of the child in a marriage relationship. Problems will arise when the child has been born starting from the pattern of upbringing until when the child is adult and ably performs legal acts such as marriage, inheritance, and so forth. This research is intended to get answers to the problems: (1) How the position of the Child from Marriage parents of different religions? 2) How does the child's relationship with her parents' parent if the child chooses a religion differently from both parents? The invention of the answer to this question is pursued by the Empirical Normative Legal Research Method. The law acts as a Norm (Legislation), with due regard to social reality. The results of the study are: (1) The marriage of religious differences according to the Marriage Law is considered invalid as well as the child born of the Marriage. (2) A child born of a different religious marriage only has a nasab with his mother.

scholarly journals NON SECULARIZATION OF MARRIAGE LEGAL PROCEDURE BASED ON BELIEF IN ONE ALMIGHTY GOD IN INDONESIA

2020 ◽  
Vol 9 (2) ◽  
pp. 243
Author(s):  
Burhanudin Harapah ◽  
Solikhah Muslich Sugiyono ◽  
Luthfiyah Trini Hastuti
Keyword(s):  
Legal System ◽  
Religious Beliefs ◽  
Research Study ◽  
The State ◽  
Structural Factors ◽  
Religious Leaders ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Procedure ◽  
The One

When disputing in court, non-Muslim citizens use positive laws established by the state that do not involve their religious beliefs. Philosophically, this is on the contrary to the constitution, which states that the country is based on belief in one Almighty God. Moreover, in every decision, judges are formally required to begin with "For the sake of the one Almighty God." This phenomenon may be the result of cultural and/or structural factors that require a research study. This research is normative legal research to devise models of religious legal formulation in the legal system in Indonesia. The results of the study illustrate that changing secular marriage law to religious marriage law is possible through formal procedural rules and substantial material rules. In the initial stages, efforts should be made to change the formal procedural arrangement stage using a procedure to examine, adjudicate, and decide a case. Before deciding on a divorce case, the religion of the disputing parties needs to be involved by (1) appointing a judge who is of the same religion as the disputing parties to examine, adjudicate, and decide the case; (2) requiring judges to present expert witnesses from religious leaders of the disputing parties. This is very important because religion is a truth system based on belief and not all religious beliefs can be rationalized.

scholarly journals RELIGION, MARGINALITY AND POWER RELATIONS: RELIGIOUS CONVERSION AND RELIGIOSITY OF THE INDIGENOUS PEOPLE IN PENYENGAT

Al-Albab ◽  
2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Ansor ◽  
Laila Sari Masyhur
Keyword(s):  
Indigenous People ◽  
Religious Conversion ◽  
The State ◽  
Power Relation ◽  
The Other ◽  
Native People ◽  
Communal Identity ◽  
Dominant Group ◽  
Religious Traditions ◽  
The One

Using a theory of power relation of Michel Foucault, the following research analyzes the behavior of religious conversion in the community of the Indigenous People of Anak Rawa in Penyengat Village, Siak District, hereinafter referred to as the Native People. The research will show that in the middle of the domination of the State and theologians, the community of Indigenous People actualizes power to maintain its identity in the midst of the invasion of new values and culture. To support the argument, the researchers traced the religiosity of the Indigenous People focusing on several events of everyday life such as traditions of marriage, death, and celebration of religious holidays. In addition to adapting to the country’s religious traditions they have adopted, this community also modifies the ritual traditions of each religion so that these traditions become a means of preserving their communal identity as a native tribe. The research ultimately shows the interplay between the State and theologians as the dominant group, on the one hand, and the indigenous community as a subjugated group, on the other, in the use of power. Keywords: Indigenous People, Religion, Power Relation

scholarly journals HAK DAN KEWAJIBAN SUAMI ISTERI DALAM ISLAM DAN HUKUM PERKAWINAN DI INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 49-67
Author(s):  
Abdul Basit Misbachul Fitri
Keyword(s):  
Islamic Law ◽  
The State ◽  
Marriage Law ◽  
Family Problems ◽  
Family Expectations ◽  
Happy Family ◽  
Husband And Wife ◽  
Marital Law

Islamic law and marriage law are at the level of rules and laws that must be obeyed by followers of religion and contain benefits for the society. Getting married is a religious command that is worth worship which brings reward, when the religious command is carried out it will produce happiness and benefit for the doers of worship. The existence of the rights and obligations of husband and wife in Islam and marital law in Indonesia is nothing but to foster awareness of husband and wife in realizing a happy family peace,love and mercy, of course when these rights and obligations are not implemented, it will cause family problems that burden both of them (husband and wife) and hinder his success in reaching family expectations. Islam also provides rules and teachings on procedures for harmonious families. Also, the State is bound by responsibility in the form of marriage law which must be applied to Indonesian Moslems.

scholarly journals PEMBEBANAN TANGGUNG JAWAB PERDATA KEPADA KEPALA DAERAH AKIBAT WANPRESTASI OLEH KEPALA DINAS

2018 ◽  
Vol 11 (2) ◽  
pp. 209
Author(s):  
Bachtiar Bachtiar ◽  
Tono Sumarna
Keyword(s):  
Research Methods ◽  
Civil Law ◽  
Secondary Data ◽  
Civil Liability ◽  
The State ◽  
Court Decision ◽  
Legal Issue ◽  
Legal Research ◽  
Breach Of Contract ◽  
State Administration

ABSTRAKWanprestasi dalam perjanjian konstruksi kerap ditemui dalam praktik, baik yang dilakukan oleh pemberi pekerjaan, maupun pihak pelaksana pekerjaan. Konsekuensinya, pihak yang melakukan wanprestasi dibebankan memulihkan kerugian yang timbul dari pelaksanaan perjanjian. Hal demikian tercermin dalam Putusan Nomor 72/PDT.G/2014/PN.TGR, di mana Kepala Dinas Kesehatan Kota Tangerang Selatan selaku pihak pemberi pekerjaan proyek terbukti melakukan wanprestasi. Menarik untuk dicermati, majelis hakim dalam putusannya justru membebankan Walikota Tangerang Selatan untuk bertanggung jawab secara keperdataan. Isu hukum yang hendak dijawab dalam tulisan ini, terkait apakah penafsiran hakim dalam Putusan Nomor 72/PDT.G/2014/PN.TNG tentang pembebanan tanggung jawab perdata kepada kepala daerah akibat wanprestasi yang dilakukan oleh kepala dinas telah sesuai dengan ajaran hukum administrasi negara, dan ajaran hukum perdata. Untuk menjawab isu hukum tersebut, penulis menggunakan metode penelitian hukum normatif dengan bersandar pada data sekunder yang diperoleh melalui studi kepustakaan. Hasil penelitian ini menunjukkan bahwa majelis hakim telah keliru dalam menafsirkan konsep pertanggungjawaban kepala daerah. Menurut ajaran hukum administrasi negara, walikota selaku kepala daerah tidak dapat dimintai tanggung jawab secara perdata akibat wanprestasi yang dilakukan kepala dinas. Demikian pula dari perspektif Pasal 1340 KUHPerdata, walikota bukanlah merupakan pihak dalam pelaksanaan perjanjian yang dibuat oleh kepala dinas, sehingga tidak dapat dibebani tanggung jawab secara keperdataan.Kata kunci: tanggung jawab perdata, kepala daerah, wanprestasi. ABSTRACT Breach of contract in construction agreements is often found in practice, whether carried out by the employer, or the implementing party. As a consequence, the defaulting party is charged to recover losses arising from the implementation of the agreement. This was reflected in Court Decision Number 72/PDT.G/2014/ PN.TGR, which is the Head of South Tangerang City Health Office, as the project employer, has been proven in breach of contract. It is interesting to note that the panel of judges in its decision actually charged the Mayor of South Tangerang with a contractual liability. The legal issue in this paper is whether the interpretation of judges in Court Decision Number 72/PDT.G/2014/ PN.TNG concerning the imposition of civil liability to the regional head due to default committed by the head  of office is in accordance with the teachings of the law of state administration and civil law. To answer these issues, the author uses normative legal research methods based on secondary data obtained through literature studies. The results of the analysis show that the panel of judges has erred in interpreting the concept of regional head accountability. According to the teachings of the state administration law, the mayor as the head of the region cannot be privately liable for the default committed by the head of office. Likewise, from the perspective of Article 1340 of the Civil Code, the mayor is not a party to the implementation of the agreement made by the head of office, therefore civil liability cannot be burdened to him. Keywords: civil liability, regional head, default.

scholarly journals Rereading the Concept of Nusyūz in Islamic Marriage Law with Qira'ah Mubādalah

2020 ◽  
Vol 5 (02) ◽  
pp. 139-152
Author(s):  
Khoirotin Nisa' ◽  
Muslih Muslih ◽  
Abu Hapsin
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Family Relations ◽  
Literary Study ◽  
Marriage Law ◽  
Legal Research ◽  
Deductive Method ◽  
Islamic Marriage ◽  
Husband And Wife

Islam exists in order to uphold justice. Likewise with families, where there are often unfair relationships between husband and wife, there are so many obstacles which can threaten the harmony of marriage. So far the issue of nusyūz is often connected to the wife and the Compilation of Islamic Law (KHI) confirms this. How Islamic law regulates nusyūz and how the perspective of qira'ah mubādalah about this nusyūz is are the main questions of this study. This study uses normative legal research method with descriptive technique. Data collection was carried out by literary study and then they were analyzed qualitatively by the deductive method. The results of this study are as follow: Nusyūz according to Islamic law (KHI) is conceptualized as a wife's disobedience to her husband, such as reluctance to have intercourse, surly in front of her husband, leaving the house without the husband's permission and others which make the husband dislike. If nusyūz occurs then it is resolved by: giving advice, separating beds, and hitting. Mubādalah as a method of interpretation of texts which is reciprocal, in terms of family relations between husband and wife, defines nusyūz as disobedience to household commitments so it applies to husband and wife. Nusyūz settlement by beating is considered as an act of violence so it should not be done. Inviting reconciliation to return to commitment is the best way according to QS. An Nisa': 128.

scholarly journals Analisis Pertimbangan Hukum Hakim PTUN Terhadap Keputusan tentang Pergantian Antarwaktu Anggota Legislatif (Studi Putusan Nomor 05/G/2011/PTUN.YK)

2020 ◽  
Vol 19 (2) ◽  
pp. 91-110
Author(s):  
Abdul Jamil ◽  
Sufriadi
Keyword(s):  
Secondary Data ◽  
The State ◽  
Court Decision ◽  
Primary Data ◽  
Legal Research ◽  
State Administration ◽  
The Absolute ◽  
The Law ◽  
Initial Process

This study aimed to examine two objectives: first, legal considerations of court decision Number 05/G/2011/PTUN.Yk regarding state administrative decision on intermittent termination and replacement (PAW) a member of the Bantul Regional Representative Council (DPRD), and second, panel of judges rationale concluded that the decision on PAW was not absolute competence of PTUN. This research is classified as normative legal research using  both  primary  data by conducting interviews with PTUN judges and the expert, and secondary data in the form of legal material. The results showed: first, there are three main legal considerations used by judges: 1. the decision on PAW is a decision in the field of politics and constitutionality; 2. the decision on PAW does not fullfil the unilateral will element; 3. the existence of jurisprudence. Second, the judge's judgments rested on the conclusion that the decision did not fulfill the 'state administration' element and was emphasized in the 'initial process' of the PAW stage series, not to the 'final process' in the form of issuing decisions. The judgments put forward the interpretation based on doctrine, while if compared with the provisions of the Law on Administrative Court, the decision on PAW had actually been fulfilled as the KTUN which was the absolute competence of PTUN.

scholarly journals Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) dalam Gugatan Cerai Gugat di Pengadilan Agama Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 305-309
Author(s):  
I Gusti Agung Ketut Bagus Wira Adi Putra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Uj
Keyword(s):  
Research Method ◽  
Marriage Law ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Consequences ◽  
Husband And Wife

In the course of the household, there are always disputes between husband and wife that cannot be resolved and lead to divorce. This study aims to determine the legal consequences of an unacceptable lawsuit in a lawsuit divorce case in decision number 0063 / Pdt.G / 2017 / PA.Bdg and to find out that the judge's consideration in deciding a lawsuit cannot be accepted in a divorce suit in decision number 0063 / Pdt.G / 2017 / PA.Bdg. This study uses a normative legal research method with a case approach. The results of the study show that in Law Number 1 of 1974 concerning marriage in Article 39 paragraph (2) of the Marriage Law and its explanation it states that divorce can be carried out if it is in accordance with predetermined reasons. An unacceptable decision (NO) is a decision stating that a lawsuit cannot be accepted, because of formal defects. Then, the reasons that cause the lawsuit to be unacceptable due to formal defects are invalid power of attorney, lawsuit filed by parties who have no legal interest, in person error suit, lawsuit beyond competence, lawsuit against libel, premature lawsuit and lawsuit expired. Libel's lawsuit is vague or unclear and the cause of obscuur libel's lawsuit in this case is an incomplete petitum, therefore the lawsuit cannot be accepted

scholarly journals PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA

2019 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Prasetyo Ade Witoko ◽  
Ambar Budhisulistyawati
Keyword(s):  
Research Data ◽  
Data Sources ◽  
Marriage Law ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Law ◽  
Husband And Wife

<p>Abstract  <br />This article aims to find out about interfaith marriage arrangements carried out through legal  smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this  research is the legislative approach. The result of the article is that marriage according to the  Marriage Law is a marriage carried out according to each religion and belief. So that marriage is considered valid if according to the religion and beliefs of each prospective husband and wife is also valid. Every religion cannot authorize interfaith marriages, because all religions want their followers to marry the same religion, it can be concluded that interfaith marriages are not legal, because they are not in accordance with the contents of the Marriage Law, namely marriage is valid if carried out according to each religion -one, then avoidance of the law that should apply or can be said to be an act of legal smuggling.<br />Keywords: Marriage; Different Religion Marriage; Law Smuggling</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mengenai pengaturan perkawinan beda agama yang  dilakukan melalui penyelundupan hukum di Indonesia. Penelitian ini adalah penelitian hukum doktrinal bersifat deskriptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan. Pendekatan dalam penilitian ini adalah pendekatan perundang-undangan. Hasil artikel yaitu perkawinan menurut Undang-Undang Perkawinan adalah perkawinan yang dilaksanakan menurut agama dan kepercayaan masing-masing. Sehingga perkawinan dianggap sah jika menurut agama dan kepercayaan masing-masing calon suami istri tersebut juga sah. Setiap agama tidak bisa mengesahkan perkawinan beda agama, karena semua agama menginginkan umatnya untuk menikah dengan yang seagama, maka dapat disimpulkan bahwa perkawinan beda agama tidak sah, karena tidak sesuai dengan isi Undang-Undang Perkawinan yaitu perkawinan adalah sah apabila dilaksanakan menurut agama dan kepercayaan masing-masing, maka dilakukan penghindaran terhadap hukum yang seharusnya berlaku atau dapat dikatakan sebagai tindakan penyelundupan hukum.<br />Kata Kunci : Perkawinan; Perkawinan Beda Agama; Penyelundupan Hukum</p>

scholarly journals Aðskilnaður ríkis og kirkju. Upphaf almennrar umræðu 1878–1915. Síðari grein

2019 ◽  
pp. 25-60
Author(s):  
Hjalti Hugason
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
The State ◽  
The Other ◽  
Constitutional Amendments ◽  
Freedom Struggle ◽  
The One ◽  
Financial Relationship ◽  
Evangelical Lutheran ◽  
The Way

The Icelandic Constitution from 1874 constituted a national church and religious freedom in the country, instead of the former evangelical-lutheran state-religion. Only four years later discussions began about whether a national church and religious freedom were compatible or if it was necessary to choose the one or the other. In an article published in the last number of this journal it was shown how two opposite viewpoints regarding this question had already developed by 1880. The first one, “the way of separation”, was driven by human-rights perspectives, aiming to establish real religious freedom for everybody. The other one, “the way of legislation”, was based on religious and ecclesiastic perspectives. Those who followed the second one, wanted to develop an independent national church, with ongoing relations with the state. In this second article, particular themes of the debate on separation between church and state are analyzed, and various views on the topic expressed in religious bulletins and journals examined. The main focus will be on the financial relationship between the state and the church after separation had taken place, and the question of public education, which was the responsibility of the national church until 1907. To conclude with, it will be shown how the criticism of separatists were met by constitutional amendments in 1915. Finally, the interpretation that discussions about separation of state and church during the period 1878–1915 should be seen as a part of the national freedom struggle of the Icelandic people is rejected.

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