scholarly journals The Legitimacy of The Marriage of Husband and Wife Who Are Converts to Islam and the Implications for Their Descendants

2022 ◽  
Vol 3 (1) ◽  
Author(s):  
H. M Umar
Keyword(s):  
Marital Status ◽  
Judicial Power ◽  
Legal Certainty ◽  
Marriage Law ◽  
High Court ◽  
Court Judge ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage in Indonesia has been regulated in laws and regulations that apply to all Indonesian people, namely the Marriage Law Number 1 of 1974.[1] In this Law as stated in Article 2 which reads that marriage is only valid, if it is carried out according to each religion and belief, then each marriage is recorded based on the applicable laws and regulations. The Jambi Religious Court as the executor of judicial power in the Jambi Religious High Court area has received 2 (two)cases isbat/ marriage ratifications for non-Muslim husbands and wives to become converts to get legal certainty from marriage before embracing Islam, namely the case with Number 14/Pdt.P /2017/PA Jmb on 01 February 2017 and the case with Number 64/Pdt.P/2019/PA Jmb on 09 August 2019. The reason for converting husbands and wives to submit isbat/ marriage ratification is because marriage before embracing Islam does not have a certificate marriage from the Civil Registry Office. So that the husband and wife of the converts filed a case isbat/ marriage ratification to the Jambi Religious Court to ask for the validity of their marriage. The Jambi Religious Court judge who tried the case, in his decision, granted the request and declared the marriage of a husband and wife to be converts to Islam without advocating remarriage. Even though the marital status of a non-Muslim husband and wife when they converted to Islam, the scholars were still debating until they were divided into two groups.

scholarly journals KEPASTIAN HUKUM DALAM PERBUATAN HUKUM ATAS HARTA BERSAMA PADA PEMBELIAN DAN PENJAMINAN HAK ATAS TANAH

2020 ◽  
Vol 32 (2) ◽  
pp. 308
Author(s):  
Jane Elizabeth Priscillia Chendra ◽  
Nurfaidah Said ◽  
Kahar Lahae
Keyword(s):  
Land Rights ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Marital Property ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

AbstractThis research aims to analyze whether a husband/wife has the right to act by themselves in the case of land right purchase or mortgage, also the means that can be done to induce legal certainty in this matter. The purchase of land rights using money from the marital property should be done together by the husband and wife, or with a statement of approval from the husband/wife. The mortgage of a land right which is a part of a marital property or inheritance property must be done together by all the joint-owners; if an authority is required, it must be given in the form of Power of Attorney to Impose Mortgage. The means that can be done to induce legal certainty in this matter is by making some changes in the laws and regulations concerning marriage, land, and mortgage. IntisariPenelitian ini bertujuan untuk menganalisis apakah seorang suami/istri berwenang untuk bertindak sendiri dalam membeli dan/atau menjaminkan harta bersama berupa hak atas tanah serta upaya untuk mewujudkan kepastian hukum dalam hal tersebut. Pembelian hak atas tanah menggunakan uang dari harta bersama seharusnya dilakukan bersama-sama oleh suami-istri atau diberikan pernyataan persetujuan dari istri/suaminya. Penjaminan hak atas tanah yang merupakan harta bersama maupun harta warisan seharusnya dilakukan bersama-sama oleh para mede-eigenaar; jika menggunakan kuasa, harus dalam bentuk Surat Kuasa Membebankan Hak Tanggungan. Upaya untuk mewujudkan kepastian hukum dalam hal ini adalah mengubah beberapa ketentuan peraturan perundang-undangan mengenai perkawinan, pertanahan dan Hak Tanggungan.

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 AKIBAT HUKUM PERKAWINAN BEDA AGAMA MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 2 (1) ◽  
pp. 75-85
Author(s):  
Andi Syamsulbahri ◽  
Adama MH
Keyword(s):  
Marital Status ◽  
Marriage Law ◽  
Marital Problems ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Status ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Religious Differences ◽  
Laws And Regulations

AbstractIn reality, in the life of the community that marriage is not a complicated issue where the couple embrace same religion. But this will be a problem if the two couples embrace different religions. This will be a problem because with religious differences, the marriage will be hindered. This study uses the normative juridical method, namely research conducted by reviewing the laws and regulations along with other regulations relevant to the problem under study. The laws and regulations that will be studied in this study are the laws and regulations that are related to marital problems of different religions.The legal consequence of interfaith marriages is that marital status of the different religions is not legal according to each religion so that it is also invalid according to Law number 1 of 1974 concerning marriage. With an illegitimate marital status, it will also have legal consequences on the status and position of the child. Children born from marriages of different religions are illegitimate or out-of-wed children. Because their parents' marriages are not legal marriages, the result is that the child has no civil relationship with his father, and the child only has a civil relationship with his mother.Keywords: Interfaith Marriage; Legal Consequence; Marriage Law.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

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 Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA

2013 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Abdul Manan
Keyword(s):  
Analytical Techniques ◽  
Judicial Power ◽  
Legal Argument ◽  
Court Judge ◽  
Legal Provisions ◽  
The Law ◽  
Law And Justice ◽  
Article 5 ◽  
Religious Courts

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.

scholarly journals EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA

2012 ◽  
Vol 1 (1) ◽  
pp. 35
Author(s):  
Ismail Rumadan
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Court Decision ◽  
Judicial Power ◽  
Legal Certainty ◽  
The People ◽  
Tax Court ◽  
Sense Of Justice

The existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice.

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