scholarly journals THE SETTLEMENT OF DISPUTES REGARDING DIVISION OF JOINT PROPERTY AFTER A DIVORCE IN THE CENTRAL ACEH REGENCY

2021 ◽  
Vol 21 (2) ◽  
pp. 170
Author(s):  
Hazar Kusmayanti ◽  
Efa Laela Fakhriah ◽  
Bambang Daru Nugroho
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Settlement Of Disputes ◽  
Joint Property

This resarch reviews disputes revolving around the division of joint property after a divorce in the Central Aceh Regency using the methods; discussion with family, discussion by involving the customary institution Sarak Opat, and filing a claim to the Takengon Syar’iyah Tribunal. In general, division of joint property in the Central Aceh Regency is done by discussion through the customary institution Sarak Opat. The division of joint property after a divorce in the Central Aceh Regency that is done through discussion takes into account which household the child grew up in and how much money that household makes. Although this is not in accordance with the provisions of Indonesia’s Marriage Law and the Islamic Law Compilation, it may be in accordance with Article 37 of Indonesia’s Marriage Law and that this would not violate the rules within Islamic Law nor Customary Law, since in its core within Islamic Law and Customary Law there are specific rules regarding percentage of division of joint property following a divorce

Akibat Hukum Harta Bersama Perkawinan Dalam Pewarisan Di Indonesia Analisis Komparatif Hukum Islam Dan Hukum Adat

2019 ◽  
Vol 9 (1) ◽  
pp. 81-96
Author(s):  
Muthmainnah Muthmainnah ◽  
Fattah Setiawan Santoso
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Muslim Community ◽  
Joint Property

this paper examines the  inheritance relating to joint property in marriage and recipients in the form of a comparison between Islamic law and customary law normatively. Customary law here is related to other customs and customs adopted by the Muslim community. Islamic law and customary law of Indonesian Muslim tribes have in common especially in terms of inheritance barriers. The potential for equality in the distribution of inheritance, including shared and inherited assets, is also very prominent.

scholarly journals KEDUDUKAN ANAK AKIBAT PEMBATALAN PERKAWINAN SEDARAH DITINJAU DARI UNDANG-UNDANG NO 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 1 (2) ◽  
pp. 126-136
Author(s):  
Jinner Sidauruk
Keyword(s):  
Islamic Law ◽  
Indigenous Communities ◽  
Well Being ◽  
Customary Law ◽  
Marriage Law ◽  
Long Time ◽  
Definition Of ◽  
Husband And Wife

Article 1 of the Marriage Law, Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on Almighty God. In the definition of marriage, we also see an element of bonding between a man and a woman as husband and wife. For this reason, husband and wife need to help and complement each other so that each can develop his personality to help and achieve spiritual and material well-being. In inbreeding has been carried out for a long time by people in certain areas who still have blood relations. Where this is done over and over again becomes a habit and then the marriage becomes a culture for a certain area. From the foregoing, it can be seen that inbreeding exists in Indigenous communities where Customary Law applies and Islamic societies that apply Islamic law. After the enactment of the Marriage Law No.1 of 1974 concerning marriage, marriages made with relatives or inbreeding have been restricted and even prohibited in the Marriage Law but if this is violated and occurs, the marriage can be canceled.  

scholarly journals UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia

2021 ◽  
Vol 10 (2) ◽  
pp. 171
Author(s):  
Rusjdi Ali Muhammad
Keyword(s):  
Islamic Law ◽  
Public Law ◽  
Customary Law ◽  
Private Law ◽  
Criminal Cases ◽  
Peace Agreement ◽  
Positive Law ◽  
Peace Settlement ◽  
Rape Case ◽  
Settlement Of Disputes

One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement. 

scholarly journals Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian

2019 ◽  
Vol 2 (2) ◽  
pp. 382-398
Author(s):  
Lita Mardani Siregar
Keyword(s):  
Child Custody ◽  
Government Regulation ◽  
Islamic Law ◽  
Customary Law ◽  
Sexual Disorders ◽  
Human Actions ◽  
Divorce Law ◽  
Legal Effect ◽  
Marital Property ◽  
Joint Property

One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that the lesbian behavior of a wife is related to child custody. The legal effect on marital property is that joint property is divided according to the provisions of the respective laws, laws, religion and customary law, while the inheritance remains controlled by each of the wives and divorced husbands. With regard to debt due to termination of marriage due to divorce borne by both parties with conditions that must be met where the rights and obligations of husband and wife are balanced in their authority to carry out legal actions. Judge's consideration in the decision of the Ambon Religious Court Number 110 / Pdt.G / 2016 / PA Ab in the case of sexual disorders (lesbians) immediately considers that this is in accordance with the provisions in Article 39 paragraph 2 of Law Number 1 of 1974 along with the explanation in letter e and letter f juncto Article 19 letter f Government Regulation Number 9 of 1975, Article 116 letter e and letter f Inpres No. 1 of 1991 concerning the Compilation of Islamic Law (KHI).

scholarly journals Reformulation of the Government Compilation of Islamic Law: Strengthening the Concept of Gender-Sensitive Regulations in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (4) ◽  
pp. 355
Author(s):  
Fauna Alwy
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Legal Case ◽  
The Subject ◽  
The Government ◽  
Islamic Marriage

The main purpose of this study is to find out the weaknesses in the application of the Compilation of Islamic Law in Indonesia, especially some of the provisions in it that tends to be gender biased; so that innovative ideas can be found to strengthen even the re-formulation of gender-sensitive legislation but still based on Shariah values and customary law. It is normative law research that uses a normative legal case study in the form of legal behavior products, among others by examining the Compilation of Islamic Law especially in the level of its implementation. The subject of the study is the Islamic marriage law which is conceptualized as the norm or rule that applies in the society and becomes the reference of behavior for every Indonesian citizen who embraced Islam.Keywords: Reformulation, Government Compilation, Islamic Law, Strengthening, Concept, Gender Sensitive Regulations

scholarly journals The Settlement of Joint Property in Religious Courts of Indonesia (A Case in the Religious Court of South Jakarta)

AL- ADALAH ◽  
2019 ◽  
Vol 15 (2) ◽  
pp. 234
Author(s):  
Isnawati Rais
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Crucial Issue ◽  
Peaceful Settlement ◽  
Religious Courts ◽  
Joint Property

The settlement of joint property, after husbands and wives divorced, is a crucial issue in the Religious Courts of Indonesia. According to the provisions of the Islamic Law Compilation (KHI) and Marriage Law No. 1/1974, a joint property should be divided equally if done peacefully. This research analyzes the joint property settlement after divorce in the Religious Court of South Jakarta and compares it with a number of cases in other similar institutions. This study finds out that the rules as stipulated both in the KHI and Marriage Law No. 1/1974, was not rigidly applied by the judges. Instead, the judges at the Religious Court of South Jakarta took a flexible and casuistic solution for the disputes over the sharing of joint property between divorced couples. The settlement methods used by the judges vary, depending on the case that occurs empirically. The peaceful settlement was also pursued by the Religious Court of South Jakarta, although in general, it was unsuccessful.

scholarly journals The decision on joint properties in Bengkulu High Religious Court Jurisdiction

2021 ◽  
Vol 21 (1) ◽  
pp. 99-118
Author(s):  
Jayusman Jayusman
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Library Research ◽  
Joint Properties ◽  
Sense Of Justice ◽  
Religious Courts ◽  
Joint Property

Joint property disputes after divorce at the Religious Courts (PA) under the Bengkulu High Religious Court (PTA) jurisdiction are always equally settled by giving half for each ex-spouse, regardless of the domination in working to earn the properties. The decisions refer to the article 97 of the Compilation of Islamic Law (KHI). The decisions do not fulfill sense of justice regarding the ex-wife participating in earning the living. This library research would like to descriptively analyze the progressive law reviews of the decision related to joint properties with working wives set at some Religious Courts under the Bengkulu High Religious Court jurisdiction in 2016-2019 periods, in the context of reforming the Marriage Law in Indonesia. In drawing conclusions, the data are analyzed by applying progressive law theory. The study shows that Religious Courts’ decisions are not regulated in traditional Islamic law, but they are found in contemporary Islamic law by analogizing them as Shirkah with the division based on the agreement between the parties. In positive law perspective, the joint property division has been determined with each equally get half. In the meantime, from the progressive law perspective in the context of reforming the Indonesian Marriage Law, ex-wives participating in earning living should get a larger portion of joint properties than their ex-husbands, to fulfill the sense of justice. Their portions are decided amicably on the agreements of the parties

scholarly journals Tinjauan Hukum Islam terhadap Adat Hogo Jako dalam Perkawinan di Tidore

2020 ◽  
pp. 13
Author(s):  
Ramdan Fawzi ◽  
Ilham Mujahid
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Knowing How ◽  
Before And After ◽  
Traditional Marriage

Abstract . Tidore adheres to ancient customs and traditions that were carried out by the ancestors of the Tidore tribe. In the celebration procession in marriage there is a sequence  that must be carried out by both the bride and groom, and the two bride and groom know. They believe if all the wedding processions both before and after are the norms that must be taken by each bride and groom in a traditional way. Seeing this, the author conducted a study with three main focus discussions to review the traditional marriage law in Tidore with Islamic law with the aim of first, knowing how to carry out marriages in Islamic law, secondly how to carry out marriages in customary law in Tidore, then how to review Islamic law on customary Hogo Jako in marriage at Tidore.Keywords: traditional tidore marriage,Islamic law Abstrak. Tidore menganut kepada adat dan tradisi zaman dahulu yang telah dilakukan oleh nenek moyang suku Tidore. Dalam prosesi hajatan dalam perkawinan terdapat runtutan yang harus dilakukan oleh kedua mempelai maupun kedua orang tau calon mempelai. Mereka percaya apabila semua prosesi pernikahan baik sebelum maupun sesudah merupakan norma yang harus ditempuh setiap pasangan mempelai secara adat, Melihat hal itu, maka penulis melakukan penelitian dengan tiga fokus pokok pembahasan guna untuk meninjau hukum adat perkawinan yang ada di Tidore dengan hukum Islam dengan tujuan yaitu pertama, mengetahui bagaimana pelaksanaan perkawinan dalam hukum Islam,kedua bagaimana pelaksanaan perkawinan dalam hukum adat di Tidore , kemudian bagaimana tinjauan hukum Islam terhadap adat Hogo Jako dalam perkawinan di Tidore.Kata Kunci: Perkawinan Adat Tidore ,Hukum Islam.

scholarly journals HARTA BERSAMA DALAM PERKAWINAN DI INDONESIA (Menurut Perspektif Hukum Islam)

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
AMELIA RAHMANIAH
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Written Law ◽  
Joint Property ◽  
Husband And Wife

Joint property in marriage law in Indonesia comes from Indonesian tradition law which isthen used as the written law namely Undang-Undang No. 1 Tahun 1974 About Marriage and Compila-tion of Islamic Law with the aim to provide balanced position between husband and wife. The objectiveis in line with maqashid al shariah. But, the joint property that occur automatically in the written lawneeds to be reconstructed based on the ownership of Islamic law that the existence of joint property isin line with Islamic law.

scholarly journals Unification of Marriage Law and Its Problems

2020 ◽  
Vol 12 (2) ◽  
pp. 421-432
Author(s):  
Syahrul Syahrul ◽  
Evie Syalviana
Keyword(s):  
Political Ideology ◽  
Islamic Law ◽  
Customary Law ◽  
Marriage Law ◽  
Cultural Products ◽  
Interfaith Marriage ◽  
Human Behaviors ◽  
Interfaith Marriages ◽  
Normative Rule

Abstrak Law is a normative rule that govern human behaviors. The development of law as rule is not stagnant in one situation. But, its grew out from the awareness of society that requires the existence of law. Therefore, law always adopts the values that grow in society like; customary law, traditions and religions law. The consequences of laws as social and cultural products, even products of political ideology, making law is always contextual with the reality of society. This article try to understand the unification of marriage law in Indonesia and the problems that arise in the unification process. Unification is process of unify the laws in sociey or unify the national law in society. The article finds that there are many problems arising from the unification of marriage law in Indonesia, especially those related to interfaith marriages. So, it is not surprising that there are so many products of the marriage law probide the interfaith marriage in Indonesia, especially if interfaith marriage involves woman and man Muslims. Keyword: Interfaith Marriage, National Law, Islamic Law Abstrak Hukum adalah aturan-aturan normatif yang mengatur pola perilaku manusia. Hukum tidak tumbuh di ruang yang vakum, melainkan tumbuh dari kesadaran masyarakat yang membutuhkan adanya suatu aturan bersama. Karena itu, hukum selalu mengadopsi nilai-nilai yang tumbuh dan berkembang dimasyarakat; nilai-nilai adat, tradisi dan agama. Konsekuensi hukum sebagai produk sosial dan kultural, bahkan juga produk politik yang bernuansa ideologi, menjadikan hukum selalu bersifat kontekstual. Tulisan ini berusaha untuk mengungkap tentang unifikasi hukum perkawinan di Indonesia dan problematika yang muncul pada proses unifikasi tersebut. Unifikasi merupakan penyatuan hukum yang berlaku secara nasional atau penyatuan pemberlakuan hukum secara nasional. Penulis menemukan adanya banyak persoalan yang muncul dari unifikasi hukum perkawinan di Indonesia, khususnya yang terkait dengan perkawinan beda agama. Maka, tidak heran jika begitu banyak produk undang-undang perkawinan yang menjadi penghalang terjadinya nikah beda agama di Indonesia, khususnya jika melibatkan orang Islam. Kata Kunci: Pernikahan Beda Agama, Hukum Nasional, Hukum Islam

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