scholarly journals LEGAL EFFORTS OF EXECUTION APPLICATION AGAINST JOINT TREATMENT DECISIONS (Study of the Implementation of Decisions on the Decisions of Religious Courts Number: 0701 / Pdt.G / 2014 / PA.Mlg)

2019 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Tinuk Dwi Cahyani

Case Number: 0701 / Pdt.G / 2014 / PA.Mlg is the product of the Malang Religious Court which has permanent legal force. In fact, after the ruling gets permanent legal force, it is known that the parties have a joint debt which causes problems for the parties who are responsible for paying off the joint debt if the decision only regulates the share of each of these assets. The problems in this study are: 1) The judge's decision regarding the division of joint assets in terms of legal certainty and justice in the decision Number: 0701 / Pdt.G / 2014 / PA.Mlg. 2) The implementation of sharing the shared assets 3) The implementation of shared debt division if there is no decision by the judge, in fact there is a joint debt. The author uses an empirical juridical research method located in the Malang Religious Court. Primary data is obtained by interviewing the Head and the Registrar of the Malang Religious Court and the Judge who handled the case Number: 0701 / Pdt.G / 2014 / PA.Mlg and the secondary data is obtained from research and literature review which consisted of laws and other legal materials which are relevant. Regarding the opinion of the Panel of Judges on the decision of 0701 / Pdt.G /2014 / PA.Mlg it can be learned from legal considerations in the a quo decision. In general, the principles of justice and legal certainty must be upheld. Justice must be upheld in accordance with the provisions of Article 35 to 37 of Act Number 1 of 1974 concerning Marriage, Article 85 up to Article 97 of the Compilation of Islamic Law.

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Anita Afriana ◽  
Abdoel Harun Lamo

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.


Author(s):  
Rizki Yudha Bramantyo ◽  
Irham Rahman

The purpose of this research is to find out how the application of children's behavior and its influence on the customary law system of the Dayak Ngaju Tribe. The research method used is qualitative. Primary data comes from observations and interviews. Meanwhile, secondary data from previous studies were collected to support the findings. The findings reveal that there are differences in the rule of law between Islamic law and positive law and customary law of the Dayak Ngaju tribe. Islamic law regulates inheritance and inheritance rights according to lineage, positive law regulates the return of cases of adoption to civil law, and customary Dayak Ngaju law recognizes adoption.


2021 ◽  
Vol 21 (3) ◽  
pp. 397
Author(s):  
Mimin Mintarsih ◽  
Lukman Mahdami

Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.


Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 741
Author(s):  
Bagus Malik Hakim ◽  
Akhmad Khisni ◽  
Munsharif Abdul Chalim

Divorce in the event, then the entire joint property, the property acquired during the marriage is divided into two parts, namely the upper half of the husband and half to the wife. Kendal Religious Court in deciding the division of joint property, there are in accordance with the provisions of Islamic Law Compilation, is half portion for half of the husband and wife to. But there is also, Kendal Religious Courts decide part of the joint property of the wife is greater, which is part of the joint property to the wife more than in the joint property of the husband. There is also, the Religious Courts Kendal cut off all joint property is granted (given) to his son.The purpose of this research are: 1) To know and understand the implementation of joint property grants to children of divorce in the Religious Kendal. 2) To know and understand the considerations related decision Religious Court judges Kendal in community property donated to the children of divorce. 3) To know and understand the barriers and solutions implementation of joint property grants to children of divorce in the Religious Kendal. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Kendal Religious Court Decision on the Implementation of the Joint Grant Treasure Kids Due To Divorce Court Kendal Religion is a decision that truly reflects the sense of justice, reflect expediency and legal certainty. Therefore, when the divorced husband and wife agreed to grant the joint property willed to his son, accompanied by a deed of peace. Therefore, the verdict ideal is when it contains elements of Gerechtigekeit (justice), Zweckmassigkeit (benefit), and Rechtssicherheit (rule of law) in proportion.Keywords: Overview of Juridical; Grant; Treasure Together; Divorce.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 483
Author(s):  
Jita Zahara ◽  
Arief Cholil

The purpose of this study was to: 1) To understand how the role of the Notary in determining acceptance or cancellation will set out in articles 194 to 209 Compilation of Islamic Law. 2) In order to understand what are the reasons that make a person could fail to get a will, and how the notary in dividing section will treasure for the recipient. 3) To understand what are the barriers and solutions notary role in determining the acceptance and cancellation will. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) the role of the notary in determining the acceptance and cancellation will have to go through the will of the testator in which it was agreed between the parties involved, and should be included / dionlinekan in the Minister of Law and Human Rights No. 60 of 2016 on Procedures for Reporting Wills and Testament Application Issuance of Electronic. Because if not then the deed will be listed online does not have a strong legal force. 2) the reasons that make a person could be canceled in the will because a person or institution authorized a treasure will be, but he refused, unable to take advantage of the treasure will as possible, or other things that make him blame and convicted criminal who belong in Article 197 compilation of Islamic Law. 3) barriers and solutions in the division will was that the heirs who assumed that he did not get the part of the will so many of them impede the course of a will, and the solutions that are required in the making of a will should be through consensus among family testator with parties associated therein, which aims to avoid things that sustainable in the future.Keywords: Wills; Cancellation; Reception.


2018 ◽  
Vol 12 (3) ◽  
pp. 337
Author(s):  
Kurnia Muhajarah

<p class="IIABSTRAK333">This research is motivated by a thought that domestic violence is every act against a person, especially a woman, resulting in physical, sexual, psychological, and / or neglect of the suffering or suffering of the household. Seeing the fact, should not be much more domestic violence, but the reality of proving domestic violence is increasing. The purpose of the study: first, to know and analyze the violence in the household that the reason for the occurrence of divorce. Second, to know and analyze the authority of the Religious Courts in handling divorce cases caused by domestic violence. Thirdly, to know and analyze the legal conse­quences of the decision of the Religious Courts in divorce cases caused by domestic violence. Researchers use normative juridical approach method. The research specification used qualitative analytical descriptive research. Sources of data in this study are some judges of the Religious Courts. As the primary data are Law Number 1 Year 1974 About Marriage, KHI and interview guidelines in a structured manner. Against secondary data, the data collection method is done by library research. The results show that domestic violence is the reason for divorce. The reasons for divorce caused by cruelty or severe maltreatment have been set forth in the following provisions: a) provided for in Article 39 paragraph (2) of the explanation of Law Number 1 Year 1974 con­cerning Marriage; b) is regulated in Article 19 point (d) of Government Regulation Number 9 Year 1975 concerning the imple­mentation of Law Number 1 Year 1974 concerning Marriage; c) is regulated in Article 116 point (d) KHI (Compilation of Islamic Law). These reasons are included in the category of domestic violence. In other words, domestic violence is part of cruelty or severe abuse. The authority of the Religious Courts to handle divorce cases caused by domestic violence has been regulated in the Compilation of Islamic Law (KHI). The legal consequences of the decision of the Religious Courts in divorce cases caused by domestic violence are stipulated in Article 156 of KHI.</p><p class="IIABSTRAK333">_________________________________________________________</p>Penelitian ini didorong oleh pemikiran bahwa kekerasan dalam rumah tangga adalah setiap tindakan terhadap seseorang, ter­utama wanita, yang mengakibatkan fisik, seksual, psikologis, dan/atau pengabaian penderitaan atau penderitaan rumah tangga. Melihat kenyataan, seharusnya tidak lebih banyak kekerasan dalam rumah tangga, namun kenyataan membuktikan kekerasan dalam rumah tangga semakin meningkat. Tujuan penelitian ini: pertama, untuk mengetahui dan menganalisa kekerasan di rumah tangga yang menjadi alasan terjadinya perceraian. Kedua, untuk menge­tahui dan menganalisis kewenangan Pengadilan Agama dalam menangani kasus perceraian akibat kekerasan dalam rumah tan­g­ga. Ketiga, untuk mengetahui dan menganalisa konsekuensi hukum dari keputusan Pengadilan Agama dalam kasus perceraian yang disebabkan oleh kekerasan dalam rumah tangga. Penelitian meng­gunakan metode pendekatan yuridis normatif. Spesifikasi pe­nelitian ini menggunakan penelitian deskriptif analitik kualitatif. Sumber data dalam penelitian ini adalah beberapa hakim Peng­adilan Agama. Sebagai data utama adalah Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, KHI dan pedoman wawancara secara terstruktur. Terhadap data sekunder, metode pengumpulan data dilakukan dengan penelitian kepustakaan. Hasil penelitian ini menunjukkan bahwa kekerasan dalam rumah tangga adalah alasan perceraian. Alasan perceraian yang disebabkan oleh kekejaman atau penganiayaan berat telah diatur dalam ketentuan berikut: a) yang diatur dalam Pasal 39 ayat (2) penjelasan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan; b) diatur dalam Pasal 19 huruf (d) Peraturan Pemerintah Nomor 9 Tahun 1975 tentang Pe­laksanaan Undang-Undang Nomor 1 Tahun 1974 tentang Per­kawin­an; c) diatur dalam Pasal 116 huruf d (d) KHI (Kompilasi Hukum Islam). Alasan ini termasuk dalam kategori kekerasan dalam rumah tangga. Dengan kata lain, kekerasan dalam rumah tangga adalah bagian dari kekejaman atau penganiayaan berat. Kewenangan Peng­adilan Agama untuk menangani kasus perceraian akibat ke­kerasan dalam rumah tangga telah diatur dalam Kompilasi Hukum Islam (KHI). Konsekuensi hukum dari keputusan Pengadilan Agama dalam kasus perceraian yang disebabkan oleh kekerasan dalam rumah tangga diatur dalam Pasal 156 KHI.


Author(s):  
Arip Imawan ◽  
Abd Hadi

The Malang Religious Court has the authority to decide cases on Islamic economic disputes. Decision numbered: 0689 / Pdt.G / 2017 / PA.Mlg is a ruling stating that they reject the plaintiff's claim regarding the cancellation of the mortgage. The formulation of the problem in this study was how the litigation procedure in the Sharia Economic Dispute Settlement of the Malang Religious Court and the legal basis for judges' consideration in deciding case number 0689 / Pdt.G / 2017 / PA.Mlg. This study used qualitative methods with primary data source for decision number 0689 / Pdt.G / 2017 / PA.Mlg and secondary data in the form of laws and regulations, DSN-MUI fatwa, documentation, and interview with judges of the Malang Religious Court. Conclusion Thesis, legal considerations used by the Panel of Judges in Decision Number: 0689 / Pdt.G / 2017 / PA.Mlg wereappropriate. These legal considerations used Law number 3 of 2006 and Law number 50 of 2009 concerning religious courts, Law number 4 of 1996 concerning mortgage rights and objects related to land, Law number 21 of 2008 concerning Islamic banking, DSN fatwa MUI number 11 / DSN-MUI / IV / 2000 concerning Kafalah and Perma number 2 of 2008 concerning Sharia Economic Law Compilation. However, in using consideration Permenkeu 106 / PMK.06 / 2013 was not appropriate because the Permenkeu had been revoked and was not valid because there was a Permenkeu 27 / PMK.06/2016. Key Words : Sharia Economic Disputes, Mortgage Rights, Religious Courts


2018 ◽  
Vol 25 (1) ◽  
pp. 114
Author(s):  
Tinuk Dwi Cahyani Cahyani ◽  
Komariah Komariah

The judge's ruling on the provision of a living has to be protected from legal certainty and justice in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg if the Petitioner (Defendant) is a civil servant (PNS). Implementation of the provision of income by the Petitioner (Defendant Reconciliation) to the Respondent (Plaintiff of Reconstruction) in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. The supporting or inhibiting factor in the provision of the provision of income by the Petitioner (Defendant) to the Respondent (Plaintiff) in Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which has permanent legal force. To know the implementation of the decision, it is necessary to do research which is a sociological juridical research, using Primary data type which is a decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. Data collection using the analysis of the decision that has been legally fixed (inkracht), interviews, documentation and literature study. The study was taken from the decision of the Panel of Judges in the Religious Courts of Malang and the interviews of the Respondent / Plaintiffs of Reconstruction. in order to be a reference for readers. Meanwhile, there are still obstacles in Malang education office that can not be interviewed because it is not willing to be questioned or information on the grounds there has never been a similar case. The result of research has been done by the researcher that the Petitioner / Defendant of Reconstruction does not fulfill its obligation as it existed in the ruling Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which is the basis of judge consideration already has elements of justice for the parties because it is in accordance with the circumstances and the ability of the parties to perform their respective obligations. Applicant/Defendant Rekonpensi able to carry out its obligations as an educator as well as a Civil Servant (PNS). Since the verdict was read by the Panel of Judges who had been inkracht, the Petitioner / Defendant of the Reconstruction for three years ignored or neglected his obligations (hadhanah's living). No seizure of guarantee or sanction if Petitioner / Defendant Reconcile neglects to its obligation.


2019 ◽  
Vol 118 (11) ◽  
pp. 603-618
Author(s):  
ZawZawMyint ◽  
Sandeep Poddar ◽  
Abhijit Ghosh ◽  
Amiya Bhaumik

In banking industries, employees are entrusted with different roles and responsibilities, and training enables them to carry out these roles and responsibilities efficiently by let them to learn new things. Moreover, it will prepare them to take up higher responsibilities in the future. Therefore, this study focuses to analyze the employee perceptions on effectiveness of Training Programs in Myanmar Citizens Bank (MCB).  By using the descriptive research method, primary data are collected from the responsible persons and employees of MCB in head office, branches. Secondary data are gathered and scrutinized from relevant text books, records and annual reports from MCB. The research revealed that there are four kinds of training programs in MCB. Moreover, this paper revealed that MCB successfully delivered its training programs in year 2015 to 2018 and the trainees have positive perceptions on effectiveness of training programs in MCB. Based on these results, this paper pointed out the important facts that can give improvement actions for effective and efficient training programs in Myanmar Citizen Banks.


2018 ◽  
Author(s):  
Suwandi S. Sangadji

The purpose of this researchment is to ascertain how wide the farming of species Saccharun Edule Hasskarl (terubuk) in sub district Tosa, district of East Tidore of Tidore Island through the indicator of the value revenue, production and selling prices so that the farmers will achieve The Break Event Point (BEP). The research method was used a quantitative method with the number of samples of 30 people. The determination of the sample method is using the census method or involving all members of the population into a sample of researchment. The secondary data collection was done by using library literature in the form of document review and relevant references to research object while primary data collection was done by using questionnaire. The data is using equation R /C Ratio, BEP Revenue, BEP Price, and BEP Production. Therefore from the results of the researchment it can be explained that the two of the thirty farmers come through the break event point, while the other twenty-eight farmers declared having a business that worth to be develop or experiencing profit, because the R/C ratio is above 1.0 with average profit reach Rp. 989.000, - per production / farmer.


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