scholarly journals JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW

2021 ◽  
Vol 11 (1) ◽  
pp. 26-34
Author(s):  
Fauzi Fauzi ◽  
Subanrio Subanrio ◽  
Akhmad Muslih
Keyword(s):  
Islamic Law ◽  
Legal Rights ◽  
Legal Certainty ◽  
Equal Rights ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Power ◽  
The Right

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that  state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

scholarly journals Distribution of heritage To People Which made lost (mafqud) According to Islamic Law

2019 ◽  
Vol 2 (1) ◽  
pp. 16-26
Author(s):  
Anindita Atibhakti Ardhani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Certainty ◽  
Considerable Time ◽  
Legal Research ◽  
Normal Life ◽  
The Right

The purpose of this study is to understand the division of inheritance against people who are declared missing (mafqud) according to Islamic law. The problems examined in this study concerning legal certainty for heirs who were declared missing (mafqud) in the right to inherit and distribution of inheritance after the person declared missing (mafqud) is known to exist. The research method used is normative legal research. The results of the study are the heirs who lost (mafqud) still have rights, be they rights to property or inheritance. This right remains attached as it is when it is still in normal life. When the heirs leave the residence for a considerable time, then their status becomes a lost person (mafqud), then their life status is still recognized. The mafqud heirs mentioned above are part of the heirs due to blood relations (caused by birth) based on the An-Nisa surah, especially verses 7 and 8. Furthermore, the inheritance case for the mafqud heirs whose existence is known, can still obtain the inheritance part even though the portion has been spent by other heirs, because in fact the heirs who were declared missing or the mafqud may have a substitute heir who will replace the position of the heirs declared mafqud when the inheritance is distributed to the heirs as stipulated in Article 185 verses (1) and (2) KHI.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)

2021 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Kadek Leo Byasama Wijaya ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Real Situation ◽  
Trial Process ◽  
Legal Power ◽  
Legal Problems ◽  
Surrounding Environment ◽  
Difference Of Opinion ◽  
Joint Property

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty

scholarly journals Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

2019 ◽  
Vol 4 (2) ◽  
pp. 99-134
Author(s):  
Nurlindah Nurlindah ◽  
A. Sugirman ◽  
Rosita Rosita
Keyword(s):  
Islamic Law ◽  
Supreme Court Decision ◽  
Vice President ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Track Record ◽  
General Elections ◽  
Election Commission ◽  
Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

scholarly journals Problems of Islamic Law Compilation In Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 91-98
Author(s):  
Arip Purkon
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Marriage Law ◽  
Inheritance Law ◽  
Religious Courts

Abstract.Islamic Law Compilation is one of the efforts to implement Islamic law in Indonesia constitutionally. Islamic Law Compilation covers three legal fields, namely marriage, inheritance and benefiction. The Islamic Law Compilation contributes positively in providing legal certainty, especially for judges in religious courts. In addition, there are still a number of problems related to the Islamic Law Compilation, namely the issue of socialization, equality of perception and the fear of reducing Islamic law.Keywords: Islamic Law Compilation, Marriage Law, Inheritance Law, Benefaction   Abstrak.Kompilasi Hukum Islam merupakan salah satu upaya untuk mengimplementasikan hukum Islam di Indonesia secara konstitusional. Kompilasi Hukum Islam mencakup tiga bidang hukum, yaitu perkawinan, waris dan wakaf. Kompilasi Hukum Islam memberikan kontribusi yang positif dalam memberikan kepastian hukum, khususnya untuk para hakim di pengadilan agama. Selain itu, masih ada beberapa masalah terkait Kompilasi Hukum Islam, yaitu masalah sosialisasi, persamaan persepsi dan adanya kekhawatiran tereduksinya hukum Islam.Kata Kunci: Kompilasi Hukum Islam, Hukum Perkawinan, Hukum Waris, Wakaf

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 PERLINDUNGAN ANAK PERSPEKTIF HUKUM ISLAM DAN PERUNDANG-UNDANG

2019 ◽  
Vol 14 (1) ◽  
pp. 50-58
Author(s):  
Nurlaila Harun
Keyword(s):  
Child Care ◽  
Social Problems ◽  
Islamic Law ◽  
Court Decision ◽  
Adopted Children ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Will ◽  
The Law ◽  
Religious Courts

Abstract. Children are children, and not little adults. Thus, the treatment of children whether involved in criminal acts or those experiencing social problems must be addressed for the welfare of children. The need for children adoption within Indonesian Islamic community will also be increasingly important for those who need it, in order to obtain legal certainty in which can be obtained by a court decision including the decision of the Religious Court. The marriage law and religious justice law have regulated in detail about child care and guardianship which are compiled in a compilation of Islamic law. The Law on Religious Courts explicitly states that the Religious Courts are a court for Muslims regarding cases or matters that are in its authorities. Muslims in this case are not only adults but also children. Unfortunately, the issue of children protection is not referred explicitly in the authorities of the Religious Courts. However, to serve and to fulfill the legal needs of Muslims regarding to child care, the Religious Courts, at the request of someone who adopts a child based on Islamic law, may issue a decision on adoption in terms of the child concerned as a proof of completion of the will must be regulated in the Compilation of Islamic law of Religious Courts. Consequently, the rights and obligations of parents who have adopted children with Islamic law have special characteristics that are different from the rights and obligations of parents who have adopted children without Islamic law. Abstrak. Anak-anak adalah anak-anak, dan bukan orang dewasa kecil. Dengan demikian, perlakuan terhadap anak-anak apakah terlibat dalam tindakan kriminal atau mereka yang mengalami masalah sosial harus ditangani untuk kesejahteraan anak-anak. Kebutuhan adopsi anak dalam komunitas Islam Indonesia juga akan semakin penting bagi mereka yang membutuhkannya, untuk mendapatkan kepastian hukum yang dapat diperoleh melalui keputusan pengadilan termasuk keputusan Pengadilan Agama. Hukum perkawinan dan hukum keadilan agama telah mengatur secara rinci tentang pengasuhan anak dan perwalian yang disusun dalam kompilasi hukum Islam. Undang-Undang tentang Pengadilan Agama secara eksplisit menyatakan bahwa Pengadilan Agama adalah pengadilan bagi umat Islam tentang kasus atau hal-hal yang ada dalam otoritasnya. Muslim dalam hal ini tidak hanya orang dewasa tetapi juga anak-anak. Sayangnya, masalah perlindungan anak tidak dirujuk secara eksplisit dalam otoritas Pengadilan Agama. Namun, untuk melayani dan memenuhi kebutuhan hukum umat Islam terkait perawatan anak, Pengadilan Agama, atas permintaan seseorang yang mengadopsi anak berdasarkan hukum Islam, dapat mengeluarkan keputusan tentang adopsi dalam hal anak yang bersangkutan sebagai bukti penyelesaian kehendak harus diatur dalam Kompilasi hukum Islam Pengadilan Agama. Akibatnya, hak dan kewajiban orang tua yang mengadopsi anak dengan hukum Islam memiliki karakteristik khusus yang berbeda dengan hak dan kewajiban orangtua yang mengadopsi anak tanpa hukum Islam. 

scholarly journals AKIBAT HUKUM SERTA PENYELESAIAN TERHADAP HARTA BERSAMA BERDASARKAN HUKUM PERKAWINAN

2020 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Ida Ayu Putu Kristanty Mahadewi ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Perspective ◽  
Legal Consequences

Tujuan penelitian untuk mengkaji akibat hukum serta penyelesaian terhadap harta bersama berdasarkan hukum perkawinan apabila terjadi perceraian dan pemisahan harta bersama karena suatu hal. Penelitian ini menggunakan metode penelitian hukum normative, yakni suatu penelitian yang berdasarkan pada pendekatan perundang-undangan, bahan pustaka, putusan pengadilan dan ketentuan yang sebagaimana mestinya. Serta teknik pengumpulan data dilakukan dengan studi dokumen. Hasil studi menunjukkan bahwa dengan adanya suatu perjanjian dalam perkawinan maka harta benda dan harta bersama dari kedua pihak akan memiliki kepastian hukum yang tetap jika dilihat dari perspektif hukum. Penyelesaian harta bersama biasanya dilakukan dengan cara pemisahan harta benda kedua belah pihak. Penyelesaian perkara mengenai pembagian harta bersama yang terbaik adalah dilakukan dengan cara kekeluargaan. Penyelesaian permasalahan mengenai pemisahan harta bersama melalui pengadilan, juga bisa diusulkan melalui pengajuan gugatan sendiri oleh pihak yang berperkara maupun perantara melalui pengacara hukum. Dan permohonan mengenai pemisahan harta bersama tidak bisa diajukan bersamaan dengan gugatan cerai. The purpose of this study is to examine the legal consequences and the settlement of joint assets based on marriage law if the event of divorce and separation of joint assets for some reason. This study uses a normative legal research method, which is a study based on a statutory approach, library materials, court decisions and appropriate provisions. As well as data collection techniques carried out by document study. The results of the study show that with agreement in marriage, the property and joint assets of the two parties will have permanent legal certainty from a legal perspective. Settlement of joint assets is usually carried out by familial way. The settlement of problems regarding the separation of joint assets through the court, can also be proposed through filing a lawsuit by the litigant or intermediary through a lawyer. And applications regarding the separation of joint assets cannot be filed at the same time as a divorce suit.

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