scholarly journals AKIBAT HUKUM KEPAILITAN SUAMI TERHADAP HARTA BERSAMA MENURUT UNDANG-UNDANG KEPAILITAN (Analisis Putusan Mahkamah Agung Nomor: 057.PK/Pdt.Sus/2010)

2017 ◽  
Author(s):  
Siddik Meliasta Sebayang
Keyword(s):  
Marital Status ◽  
Descriptive Analysis ◽  
Bankruptcy Law ◽  
Legal Provisions ◽  
Marital Property ◽  
Joint Property ◽  
Debt Payment ◽  
Husband And Wife

Marital property is the property acquired during the marriage, regardless of who produced it (either husband or wife only, or husband and wife), then the property belongs to both and the marital property. Concerning the marital property of a husband or wife may act solely on mutual consent or consent of both parties. The existence of wealth in marriage is not only the possibility of property owned by each husband and wife. This study is a descriptive analysis that leads to normative juridical research. Based on the results of the study found that the marital status of husband or wife to marital property is same. The legal provisions concerning the payment of the debt of a spouse or husband for the settlement of the debt concerned shall be repayable on the goods of origin of the husband or the wife who holds the debt, unless the marriage agreement is made before it is executed. The consequences of the bankruptcy law of husbands against joint property can be applied as a joint bankruptcy because basically the unity of property is not only the merging of wealth but also the burden of payment. Bankruptcy husband and wife who married in unity of property, treated as bankruptcy unity of property. Settlement of bankruptcy dispute can be done through the mechanism of bankruptcy application and also through the mechanism of postponement of debt payment obligation in accordance with the rules of the applicable legislation.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

scholarly journals Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 871
Author(s):  
Pulung Jati Kusuma ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Analysis Method ◽  
Estate Property ◽  
The Law ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

scholarly journals Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

2021 ◽  
Vol 2 (3) ◽  
pp. 590-596
Author(s):  
Anak Agung Istri Altia Dwi Widaswari ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Equitable Distribution ◽  
Secondary Sources ◽  
Marital Property ◽  
The Law ◽  
Materials Used ◽  
Joint Property ◽  
Husband And Wife

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

scholarly journals IMPLEMENTASI PERCAMPURAN HARTA BERSAMA DAN HARTA BAWAAN DALAM PERKAWINAN (Studi Kasus Putusan Pengadilan Agama NOMOR : 0189/PDT.G/2017/PA.SMG)

2018 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Arun Pratama
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Literature Study ◽  
Individual Property ◽  
Positive Law ◽  
Legal Provisions ◽  
Analysis Technique ◽  
Marital Property ◽  
Approach Method ◽  
Joint Property

<h1 align="center">ABSTRAK</h1><p>Pada lembaga perkawinan masyarakat dikenal adanya pencampuran harta perkawinan, sehingga tidak menutup kemungkinan adanya percampuran harta bersama dan harta bawaan. Dalam hukum positif hanya mengatur mengenai harta bawaan dan harta bersama secara terpisah, tetapi tidak diatur mengenai percampuran harta bersama dan harta bawaan. Permasalahan yang dibahas dalam penelitian ini adalah ketentuan hukum mengenai percampuran harta bersama dan harta bawaan dalam perkawinan menurut UU Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam (KHI) dan implementasinya dalam perkawinan setelah adanya perceraian pada putusan Pengadilan Agama Nomor : 0189/Pdt.G/2017/ PA.Smg.</p><p>Untuk melakukan penelitian menggunakan metode pendekatan yuridis normatif, sehingga data yang digunakan data sekunder. Adapun teknik pengumpulan data dilakukan melalui studi kepustakaan sedangkan teknik analisis data menggunakan analisis kualitatif.</p><p>Hasil penelitian menunjukkan bahwa ketentuan hukum mengenai percampuran harta bersama dan harta bawaan dalam perkawinan diatur dalam Pasal 35 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Pasal 1 huruf f KHI yang pada intinya menyatakan bahwa bahwa harta benda yang diperoleh selama perkawinan menjadi harta bersama tanpa mempersoalkan terdaftar atas nama siapapun, meskipun di dalamnya terdapat harta bawaan. Implementasi percampuran harta bersama dan harta bawaan dalam perkawinan setelah adanya perceraian pada putusan Pengadilan Agama Nomor : 0189/Pdt.G/2017/PA.Smg adalah dalam hal pembagian harta bersama pihak istri mendapatkan bagian lebih besar dari pihak suami yaitu ¾ bagian sedangkan suami ¼ bagian. Hal tersebut mencerminkan keadilan distributif dimana  hakim  memberikan jatah kepada setiap orang berdasarkan jasanya atau memberikan kepada setiap orang apa yang menjadi haknya berdasarkan kepada azas keseimbangan atau memberikan hak kepada setiap orang berdasarkan prestasinya atau memberikan penghargaan kepada pihak yang berprestasi atau melindungi pihak yang berprestasi (pihak yang kuat).</p><p> </p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>In marriage institution, the society knows a mixing of marital property, there is possibility of mixing of marital and individual property. Positive law only regulates the possessions and joint property separately, but it is not regulated about the mixing of marital and individual property. The problem discussed in this research is legal provisions concerning the mixing of marital and individual property in marriage according to Law Number 1 Year 1974 and Compilation of Islamic Law (KHI) and its implementation in marriage after the divorce on Religious Court decision Number: 0189/Pdt.G/2017/PA.Smg.</em></p><p><em>This research used normative juridical approach method, data used were secondary data. The technique of data collection was done through literature study while the data analysis technique was done by using qualitative analysis.</em></p><p><em>The results showed that the legal provisions concerning the mixing of marital and individual property in marriage are regulated in Article 35 of Law Number 1 Year 1974 concerning Marriage and Article 1 letter f KHI which in essence states that the property acquired during marriage becomes joint property without the questioning the name of being registered on behalf of, even if there is individual property. The implementation of mixing of marital and individual property in marriage after divorce on Religious Court's decision Number: 0189/Pdt.G/2017/PA.Smg is in the case of division of property together the wife gets bigger part than the husband that is ¾ whereas husband is only ¼. It reflects distributive justice in which the judge gives each person a share according to his or her services, or gives each person her/his rights are based on the principle of equilibrium or entitles each person on the basis of his/her performance or rewards the achievers or protect the achiever (the strong party).</em></p>

LEGAL ISSUES REGARDING IMPOSITION OF E-FORM D AS A BASIS FOR DETERMINATION OF PREFERENTIAL TARIFFS IN ATIGA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Legal Issues ◽  
Legal Certainty ◽  
Layer System ◽  
Legal Provisions ◽  
Directorate General ◽  
Domestic Law

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 

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.

POLA PEMENUHAN HAK DAN KEWAJIBAN SUAMI ISTRI LONG DISTANCE RELATIONSHIP (LDR) DI DESA BATUJAYA, KARAWANG

2020 ◽  
Vol 1 (2) ◽  
pp. 165-178
Author(s):  
Reza Umami Zakiyah ◽  
Eneng Nuraeni
Keyword(s):  
Married Couple ◽  
Descriptive Analysis ◽  
Mutual Trust ◽  
Analysis Method ◽  
Communication Tool ◽  
Biological Aspect ◽  
Long Distance ◽  
Distance Relationship ◽  
Husband And Wife ◽  
The Way

Ideally, a married couple lives together to carry out their respective duties and obligations. However, because the demands of work cause some of them must be far apart and live the life of Long Distance Relationship (LDR) as happened in Batujaya Village, Kec. Batujaya, Kab. Karawang. The problem that arises is how the pattern of fulfilling the rights and obligations of husband and wife in Batujaya Village, Kec. Batujaya, Kab. Karawang. How to communicate on LDR and how to overcome the difficulties that arise between the two. Through research using descriptive analysis method, the results of the study show that: (1) The pattern of fulfilling the rights and obligations of a husband and wife who are on a LDR at Batujaya Village, Kec. Batujaya, Kab. Karawang can be understood in three aspects, namely the Financial/material aspect is done by meeting in person/transferring money through Alfamart/ATM/POS. The biological aspect when far apart is by interacting by telephone, occupying with homework. Psychological aspects, namely by giving attention over the phone or when meeting by serving all their needs. (2) The way of LDR husband and wife communication via telephone, massage, whatsapp, and video call, but for those who do not use the telephone as a communication tool, the communication is carried out directly when meeting. (3) The way to overcome the difficulties that arise between the two is to maintain mutual trust, understanding, commitment, intensive communication, mutual attitude. The difficulties faced are financial, trust, communication, cooperation and sexual needs.Idealnya pasangan  suami istri hidup bersama dalam satu  rumah untuk melaksanakan tugas dan kewajiban masing-masing. Namun, karena tuntutan pekerjaan menyebabkan sebagian dari mereka harus berjauhan dan menjalani kehidupan Long Distance Relationship (LDR) seperti yang terjadi di Desa Batujaya, Kec. Batujaya, Kab. Karawang. Masalah  yang timbul yaitu bagaimana pola pemenuhan hak dan kewajiban suami istri di Desa Batujaya, Kec. Batujaya, Kab. Karawang. Bagaimana cara komunkasi suami istri LDR dan bagaimana cara mengatasi kesulitan yang timbul diantara keduanya. Melalui penelitian yang menggunakan metode deskriptif analisis ini, hasil penelitian menunjukan bahwa: (1) Pola pemenuhan hak dan kewajiban suami istri Long Distance Relationship (LDR) di Desa Batujaya, Kec. Batujaya. Kab. Karawang dipahami dalam tiga aspek yaitu Aspek Finansial/materi dilakukan dengan pola bertemu langsung/mentransfer uang melalui Alfamart/ATM/POS. Aspek biologis ketika berjauhan yaitu dengan berinteraksi melalui telepon, menyibukan diri dengan pekerjaan rumah. Aspek psikologis yaitu dengan memberikan perhatian lewat telepon ataupun saat bertemu secara langsung dengan melayani segala kebutuhan masing-masing. (2) Cara komunikasi suami istri LDR melalui telephone, sms, whatshap, dan Video call, tetapi untuk mereka yang tidak menggunakan telepon sebagai alat komunikasi, maka komunikasinya dilakukan secara langsung pada saat bertemu. (3) Cara mengatasi kesulitan yang timbul diantara keduanya yaitu saling menjaga kepercayaan, pengertian, komitmen, komunikasi intensif, sikap saling terbuka. Adapun kesulitan yang dihadapi yaitu masalah keuangan, kepercayaan, komunikasi, kerjasama dan kebutuhan seksual.

scholarly journals The existence of soybean farmers and market in Solok regency

2018 ◽  
Author(s):  
Hasdi Aimon ◽  
Melti Roza Adry ◽  
Elida
Keyword(s):  
Regression Analysis ◽  
Linear Regression ◽  
Marital Status ◽  
Multiple Linear Regression ◽  
Consumer Preferences ◽  
Descriptive Analysis ◽  
Linear Regression Analysis ◽  
Multiple Linear Regression Analysis ◽  
Household Members ◽  
Inductive Analysis

This study aims to look at the existence of soybean farmers and markets in Solok Regency. This study was conducted in Solok Regency to 200 households. This study was analyzed using descriptive analysis that aims to see the level of consumer preferences to processed soy products in Solok Regency. Furthermore, inductive analysis was analyzed using multiple linear regression analysis with OLS method that aims to look at the determinants of the demand for processed soy products in Solok Regency. The study shows that (1) the processed soy products most in demand by the society in Solok Regency are tofu and tempeh. (2) The number of household members, education of wife and job sector of husband affect significantly on the demand for tempeh in Solok Regency, while income, marital status, education of husband and job sector of wife do not affect significantly on the demand for tempeh in Solok Regency. (3). The number of household members and job sector of husband affect significantly on the demand for tofu in Solok Regency, while income, marital status, education of husband, education of wife and job sector of wife do not affect significantly on the demand for tofu in Solok Regency.

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