scholarly journals Marriage and Divorce

2020 ◽  
Author(s):  
Andria Pragholapati
Keyword(s):  
Family Household ◽  
Marriage And Divorce ◽  
The Law ◽  
Husband And Wife

In-Law No. 1 of 1974 in article 1, marriage is an inner and outer bond between a man and awoman as husband and wife with the aim of forming a happy and eternal family (household)based on the Godhead of the Almighty. The law does not specifically explain the meaning ofdivorce. In the Big Indonesian Dictionary, Divorce comes from the syllable of divorce, anddivorce according to language means separation, concerning divorce between husband and wife,division, divorce.

scholarly journals PERCERAIAN USIA 3 TAHUN PERKAWINAN DARI PASANGAN MUDA

2020 ◽  
Vol 1 (2) ◽  
pp. 146-164
Author(s):  
Siah Khosyi’ah ◽  
Gozwan M. Jundan
Keyword(s):  
Family Household ◽  
Short Period ◽  
The Law ◽  
Happy Family ◽  
Age Of Marriage ◽  
Husband And Wife

Law No. 1 of 1974 concerning marriage explains that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy family (household) based on the divinity of the Almighty. However, it was found several decisions of the Garut Religious Court which showed the age of marriage which lasted a short period of time. This study aims to determine the factors causing divorce at the age of 3 years of marriage from a young couple in the Garut Religious Court, to find out the legal reasons for judges for divorce at the age of 3 years of marriage from a young couple in the Religious Court of Garut and the judge's view of the granting of a 3 year marriage divorce decision. from a young couple in the Garut Religious Court. The results showed that the factors causing divorce at the age of 3 years of marriage can be classified into 3 main causes, namely: disputes and quarrels, lack of responsibility from the spouse and interference from outside parties. The legal reasons for judges who are sufficient to meet the reasons for divorce based on the law of several examples of decisions include: based on the information submitted before the trial the judge found the fact that between couples often quarrels and disputes occur and are not responsible for obligations in fulfilling the needs of living , as well as the parties split up residence.Undang-undang Nomor 1 tahun 1974 tentang perkawinan menjelaskan bahwa perkawinan ialah ikatan lahir bathin antara seorang pria dan seorang wanita sebagai suami istri dengan tujuan membentuk keluarga (rumah tangga) yang bahagia kekal berdasakan ketuhanan Yang Maha Esa. Namun ditemukan beberapa putusan Pengadilan Agama Garut yang menunjukan adanya usia perkawinan yang berlangsung dalam kurun waktu yang singkat. Penelitian ini bertujuan untuk mengetahui faktor penyebab perceraian usia 3 tahun perkawinan dari pasangan muda di Pengadilan Agama Garut, untuk mengetahui alasan hukum hakim atas perkara perceraian usia 3 tahun perkawinan dari pasangan muda di Pengadilan Agama Garut dan pandangan hakim terhadap dikabulkannya putusan perceraian usia 3 tahun perkawinan dari pasangan muda di Pengadilan Agama Garut. Hasil penelitian menunjukan bahwa faktor penyebab terjadinya perceraian usia 3 tahun perkawinan dapat digolongkan menjadi 3 penyebab utama, yaitu: perselisihan dan pertengkaran, tidak adanya tanggung jawab dari pasangan dan gangguan dari pihak luar. Adapun alasan hukum hakim yang cukup memenuhi alasan perceraian berdasarkan undang-undang dari beberapa contoh putusan antara lain: berdasarkan keterangan yang diajukan di depan muka persidangan hakim menemukan fakta bahwa diantara para pasangan sering terjadi pertengkaran dan perselisihan dan tidak bertanggung jawab dalam kewajiban dalam memenuhi kebutuhan nafkah, serta para pihak berpisah tempat tinggal.

scholarly journals PERCERAIAN USIA TIGA TAHUN PERKAWINAN DARI PASANGAN MUDA

2020 ◽  
Vol 1 (1) ◽  
pp. 39-60
Author(s):  
Gozwan Jundan
Keyword(s):  
Family Household ◽  
Short Period ◽  
The Law ◽  
Happy Family ◽  
Age Of Marriage ◽  
Husband And Wife

Law No. 1 of 1974 concerning marriage explains that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy family (household) based on the divinity of the Almighty. However, it was found several decisions of the Garut Religious Court which showed the age of marriage which lasted a short period of time. This study aims to determine the factors causing divorce at the age of 3 years of marriage from a young couple in the Garut Religious Court, to find out the legal reasons for judges for divorce at the age of 3 years of marriage from a young couple in the Religious Court of Garut and the judge's view of the granting of a 3 year marriage divorce decision. from a young couple in the Garut Religious Court. The results showed that the factors causing divorce at the age of 3 years of marriage can be classified into 3 main causes, namely: disputes and quarrels, lack of responsibility from the spouse and interference from outside parties. The legal reasons for judges who are sufficient to meet the reasons for divorce based on the law of several examples of decisions include: based on the information submitted before the trial the judge found the fact that between couples often quarrels and disputes occur and are not responsible for obligations in fulfilling the needs of living , as well as the parties split up residence.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

MOTIF DAN DAMPAK PERNIKAHAN DINI DI INDARUNG NGALAU BATU GADANG

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Murisal Murisal
Keyword(s):  
Young Men ◽  
Early Marriage ◽  
Marriage Law ◽  
Men And Women ◽  
Home Life ◽  
Family Household ◽  
Set Up ◽  
The Impact ◽  
Husband And Wife

Motif and Impact of Early Marriage in Indarung Ngalau Batu Gadang.Penelitian is motivated by teenagers who married early on. Today, young men and women have a tendency to be less prepared to enter the home life, they are only ready to marry (ready here can be interpreted, maturity in terms of financial, understand what the meaning of marriage according to marriage law) is the bond of inner birth between a man and a woman as husband and wife for the purpose of forming a happy and eternal family (household) based on the Supreme Godhead while they are not ready to set up a home, whereas to build a household requires preparation both physically and spiritually . The purpose of this study to determine the motives underlying adolescents to make early marriage and the impact caused in the household as a result of the marriage.

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 PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

2020 ◽  
Vol 10 (2) ◽  
pp. 246
Author(s):  
Aulil Amri
Keyword(s):  
Islamic Law ◽  
Religious Values ◽  
Religious Knowledge ◽  
The Family ◽  
Marriage Contract ◽  
The Law ◽  
Husband And Wife ◽  
As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

scholarly journals Urgensi Penyerapan Nilai Hukum Islam dan Hukum Adat dalam Pengaturan Tindak Pidana Perzinaan

2021 ◽  
Vol 4 (1) ◽  
pp. 125-157
Author(s):  
Usman Usman ◽  
Sri Rahayu ◽  
Elizabeth Siregar
Keyword(s):  
Marital Status ◽  
Criminal Code ◽  
Basic Form ◽  
Living Together ◽  
Customary Laws ◽  
Itu Model ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Husband And Wife

Reflecting on the impact of adultery, adultery is a despicable act that deserves to be criminalized. Even so, the prohibition on adultery in Article 284 of the Criminal Code does not cover every form of adultery as in the view of the law that lives in society as reflected in Islamic and customary laws. The model for the formulation of the criminal act of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it does not yet view the perpetrator's marital status and pregnancy as burdensome elements. Likewise, it does not criminalize women who with their consent commit adultery because of trickery, and lightly penalize the perpetrators of living together as a family without being married. Therefore, the model for the formulation of the criminal act of adultery in the upcoming Criminal Code Bill should take into account: a) the marital status of the perpetrator and pregnancy as elements that are burdensome for the crime; b) a woman who with her consent commits adultery because of a trick is both a victim and a perpetrator so that she can be convicted; c) persons who live together as husband and wife outside of marriage should receive a heavier punishment than the basic form of adultery. Abstrak Bercermin dari dampak perzinaan, maka perzinaan merupakan perbuatan tercela yang pantas dikriminalisasi. Meskipun demikian, larangan perzinaan dalam Pasal 284 KUHP belum mencakup setiap bentuk perzinaan sebagaimana dalam pandangan hukum yang hidup dalam masyarakat yang tercermin dari hukum Islam dan hukum adat. Model perumusan tindak pidana perzinaan dalam RUU KUHP tahun 2019 telah mengadopsi definisi zina dari hukum yang hidup dalam masyarakat, meskipun belum memandang status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan. RUU juga tidak mengkriminalisasi perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat, dan memidana ringan pelaku hidup bersama sebagai keluarga tanpa nikah. Oleh karena itu model pengaturan tindak pidana perzinaan dalam RUU KUHP mendatang sebaiknya memerhatikan: a) status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan pidana; b) perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat merupakan korban sekaligus pelaku sehingga dapat dipidana; c) orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan seharusnya mendapat pidana lebih berat dibanding jenis perzinaan dalam bentuk pokok.

scholarly journals Analisis Atas Keabsahan Perkawinan Beda Agama

2019 ◽  
Vol 19 (1) ◽  
pp. 85-93
Author(s):  
Hamdan Nasution
Keyword(s):  
Marital Status ◽  
Legal System ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Law ◽  
Husband And Wife

Marital status of different religions in the legal system in Indonesia is illegitimate. Marriage Law Number 1 of 1974 in Article 2 paragraph 1 reveals that marriage is legal if it is carried out according to the law of each religion and belief. It means that marriage can only take place if the parties (future husband and wife) follow the same religion. From the formulation of Article 2 paragraph 1, there are no marriages outside their respective laws and beliefs. Interfaith marriages are held abroad. Keywords: Analysis, Legitimacy, Interfaith Marriage

scholarly journals KEDUDUKAN HARTA PERKAWINAN SETELAH PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM

Res Judicata ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 288
Author(s):  
Iskandar Laka
Keyword(s):  
Marriage Law ◽  
Marital Property ◽  
The Law ◽  
Definition Of ◽  
Husband And Wife

The definition of property in marriage according to Law Number 1 of 1974 concerning marriage is abbreviated (Law No. 1 Year 1974) in Article 35 states that the property obtained in marriage becomes a joint asset, while the subordinate assets of each husband or wife and property acquired by each husband or wife as a gift or inheritance under their respective supervision insofar as the parties do not determine otherwise. According to Article 37 of Law Number 1 Year 1974 concerning abbreviated marriage (Law No. 1 Year 1974), it is explained that: "If marriage breaks out due to divorce, joint assets are regulated according to their respective laws, while for legal matters this marriage property often gets less attention in a marriage. The law of marital property has only recently received attention after a dispute between husband and wife who have broken up in marriage, so that in order to solve the problem of the marriage property an institution which is in it is needed to solve the problem, namely the Religious Court.

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