scholarly journals Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province

2021 ◽  
Vol 1 (3) ◽  
pp. 225-230
Author(s):  
Junaidi ◽  
Mila Surahmi ◽  
Desmawaty Romli ◽  
Citra Dewi Saputra ◽  
Liza Nofianti
Keyword(s):  
Civil Rights ◽  
Community Service ◽  
Religious Instruction ◽  
Interfaith Marriage ◽  
Legal Problems ◽  
Interfaith Marriages ◽  
Religious Teaching ◽  
Legal Consequences ◽  
Husband And Wife

Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.

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 Pembagian Harta Bersama Perkawinan Dalam Perceraian Perkawinan Beda Agama Yang Dicatatkan

Rechtidee ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 67
Author(s):  
Erma Kartika Timur
Keyword(s):  
Analytical Approach ◽  
Legal Theory ◽  
Customary Law ◽  
District Court ◽  
Interfaith Marriage ◽  
Choice Of Law ◽  
Complex Theory ◽  
Interfaith Marriages ◽  
Joint Property ◽  
Husband And Wife

<p>Interfaith marriage in Indonesia be able to do with supplicate a determination to District Court, and then be listed in the Civil Registry Office. In case divorce occur on registered interfaith marriages, there is legal vagueness in regulation to divide joint property marriage, its relates with article 37 Constitution Number 1 of 1974 about Marriage. The purpose of this thesis is to description, identifying and analyzing the way to divide marriage property in interfaith marriage divorce, and also to review allowed or not to make choice of law that related to article 37. This thesis is a normative research with using statute approach and analytical approach. Based on the analysis of legal materials obtained, solution to divide joint property marriage on interfaith marriage better used husband religion or customary law, it is based from analysis using intergroups legal theory, receptive in complex theory, Idris Ramulyo opinion, Lanraad jurisprudence in Manado and also using grammatical interpretation about husband and wife position in article 31 and 34 marriage law. In case lawsuit happened, there is through the District Court after divorce decision was decided by judges. Choice of law is allowed based on equally principle.</p><p> </p>

scholarly journals PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA

2019 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Prasetyo Ade Witoko ◽  
Ambar Budhisulistyawati
Keyword(s):  
Research Data ◽  
Data Sources ◽  
Marriage Law ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Law ◽  
Husband And Wife

<p>Abstract  <br />This article aims to find out about interfaith marriage arrangements carried out through legal  smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this  research is the legislative approach. The result of the article is that marriage according to the  Marriage Law is a marriage carried out according to each religion and belief. So that marriage is considered valid if according to the religion and beliefs of each prospective husband and wife is also valid. Every religion cannot authorize interfaith marriages, because all religions want their followers to marry the same religion, it can be concluded that interfaith marriages are not legal, because they are not in accordance with the contents of the Marriage Law, namely marriage is valid if carried out according to each religion -one, then avoidance of the law that should apply or can be said to be an act of legal smuggling.<br />Keywords: Marriage; Different Religion Marriage; Law Smuggling</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mengenai pengaturan perkawinan beda agama yang  dilakukan melalui penyelundupan hukum di Indonesia. Penelitian ini adalah penelitian hukum doktrinal bersifat deskriptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan. Pendekatan dalam penilitian ini adalah pendekatan perundang-undangan. Hasil artikel yaitu perkawinan menurut Undang-Undang Perkawinan adalah perkawinan yang dilaksanakan menurut agama dan kepercayaan masing-masing. Sehingga perkawinan dianggap sah jika menurut agama dan kepercayaan masing-masing calon suami istri tersebut juga sah. Setiap agama tidak bisa mengesahkan perkawinan beda agama, karena semua agama menginginkan umatnya untuk menikah dengan yang seagama, maka dapat disimpulkan bahwa perkawinan beda agama tidak sah, karena tidak sesuai dengan isi Undang-Undang Perkawinan yaitu perkawinan adalah sah apabila dilaksanakan menurut agama dan kepercayaan masing-masing, maka dilakukan penghindaran terhadap hukum yang seharusnya berlaku atau dapat dikatakan sebagai tindakan penyelundupan hukum.<br />Kata Kunci : Perkawinan; Perkawinan Beda Agama; Penyelundupan Hukum</p>

scholarly journals Pendidikan Perlindungan Konsumen Kepada Masyarakat Desa Di Kecamatan Teon Nila Serua Kabupaten Maluku Tengah

2021 ◽  
Vol 1 (2) ◽  
pp. 63
Author(s):  
Sarah Selfina Kuahaty ◽  
Teng Berlianty ◽  
Theresia Louize Pesulima ◽  
Agustina Balik ◽  
Maichel Lesnussa
Keyword(s):  
Civil Rights ◽  
Community Service ◽  
Consumer Protection ◽  
Legal Education ◽  
Civil Law ◽  
Public Understanding ◽  
The Public ◽  
Legal Problems ◽  
Service Activities

Introduction: Lack of public understanding of civil rights owned, bringing its legal problems for the community. This is the basis of consideration of the Civil Law Section of the Faculty of Law, Pattimura University to conduct community service activities as a form of implementation of the Tri Dharma of universities, one of the legal topics presented is related to consumer protection issues.Purposes of Devotion: Providing an understanding of consumer protection law of the community, especially the community in 3 (three) villages in Teon Nila Serua sub-district, namely Layeni village, Wotay village, and Lesluru village. Method of Devotion: Method of Dedication is using legal counselling to the community in 3 (three) villages in Teon Nila Serua district of central Maluku Regency.Results of the Devotion: In the implementation of these activities, it is known that many consumer problems such as buying goods that have been offered, goods that have defects, or sometimes goods that have been damaged, such as rice or sugar but purchased because they are deceived by low prices, which turns out to be detrimental to society. As consumers, the public does not know that they can raise objections and demand their rights back. Providing legal education, especially consumer protection, can make society an intelligent consumer.

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.

PERNIKAHAN LINTAS AGAMA; KAJIAN MUQARIN MENURUT QURAISH SHIHAB DALAM TAFSIR AL-MISHBAH DAN HAMKA DALAM TAFSIR AL-AZHAR

2021 ◽  
Vol 2 (1) ◽  
pp. 1-30
Author(s):  
Luthviyah Romziana
Keyword(s):  
Literature Review ◽  
Interfaith Marriage ◽  
The Public ◽  
Library Research ◽  
Interfaith Marriages ◽  
Information Media ◽  
The Law

Interfaith marriages are familiar in people's lives. This is due to advances in information media or telecommunications among the public,  interfaith marriages are very easy to do. This is the root of the problem that will be discussed in the interpretation of al-Mishbah by Quraish Shihab and the interpretation of al-Azhar by HAMKA in al-Baqarah verse 221. This research is a literature review (library research) with the main source of al-Mishbah interpretation by Quraish Shihab and  al-Azhar interpretation by HAMKA. This research used  muqarin method, it's a method of comparison between the interpretation of al-Misbah and the interpretation of al-Azhar. The results of this study can be concluded that the law of interfaith marriage according to Quraish Shihab in the interpretation of al-Misbah is based on al-Baqarah verse 221, that prohibition of marriage between men or women who are Muslim and men or women who are other than Islam ( non-Muslims). The reason of those prohibition  marriage is differences in faith. Meanwhile, according to HAMKA in al-Azhar's interpretation, it is forbidden to marry polytheists, both women and men, as idol worshipers because they are not kafa`ah or sekufu.

scholarly journals RECORDING AND PUBLISHING OF MARRIAGE BOOK IN ORDER TO PREVENT UNREGISTERED MARRIAGE IN BATANGKUIS DISTRICT

2019 ◽  
Vol 3 (2) ◽  
pp. 358-368
Author(s):  
Idha Aprilyana Sembiring ◽  
Zulfi Chairi ◽  
Aflah
Keyword(s):  
Public Awareness ◽  
Development Program ◽  
Community Empowerment ◽  
Long Time ◽  
Legal Consequences ◽  
Husband And Wife

This community empowerment and development program aims to increase public awareness, especially marriage couples in Batangkuis District in legalizing their marriages. Basically, the couples have known the necessity of registering marriages, but do not register for various reasons. They do not have a marriage book even though they have been married for a long time.To achieve this goal, two (2) phases of activities were carried out, (1) Legal counseling carried out for two days in two partner villages with the theme of the introduction, usefulness and benefits of marriage registration and legal consequences arising from not registering marriages and to (2) assistance activities in making marriage books. The targets are couples in the two partner villages who have long been married religiously but have not registered marriage. After legal counseling about the benefits and importance of marriage registration, there was an enthusiasm to ask for assistance in recording their marriages because most of the couples had been married for a long time and had many children but had no evidence of legality of their marriage. The enthusiasm of the husband and wife shows the approach through legal counseling is effective to move their legal awareness to register their marriages.

scholarly journals General Confiscation Versus Criminal Confiscation in Regard to Curators’ Authority and Responsibility in Bankruptcy Settlement Process

2020 ◽  
Vol 3 (2) ◽  
pp. 112-116
Author(s):  
Elli Ruslina ◽  
Siti Rodiah ◽  
Benny Wulur
Keyword(s):  
Criminal Procedure ◽  
Qualitative Approach ◽  
Creative Economy ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Problems ◽  
Legal Consequences

The process of bankruptcy general confiscation sometimes clashes with criminal confiscation process. The present study aims to look at curators’ authority and responsibility to sell bankrupt properties, which have been confiscated by investigating officers in a case of criminal confiscation. It also delves into the legal ramifications that may occur and into the concepts of bankruptcy settlement. This study employs a juridical normative method and the necessary legal material are collected through literature study. The legal material are analyzed in juridical qualitative approach, using a comparison between bankruptcy laws in several countries. Based on the result of this study, it is concluded that curators’ authority and responsibility are still applicable even though they are subject to appeal. The legal consequences in the case that bankrupt estate is being confiscated by investigating officers due to the conflict between criminal confiscation and general confiscation require the court to prioritize the criminal confiscation. Once it is resolved, bankruptcy assets/estate are returned to the curator. This study recommends that there should be an effort to legally synchronize and harmonize Article 39 Point (2) of KUHAP (Indonesian Law of Criminal Procedure) with Article 31 Point (2) of Law No. 37 Year 2004 Concerning Bankruptcy and PKPU (Suspension of Payment/Debt Moratorium). One of the solutions offered in this study is by implementing E-Court, as is the case in Indonesia’s Constitutional Court, especially in Commercial Court whose habitat is digital and that handles legal problems pertaining to creative economy.

scholarly journals Kebebasan Hak Ijtihad Nikah Beda Agama Pasca Putusan Mahkamah Konstitusi

2016 ◽  
Vol 12 (3) ◽  
pp. 604
Author(s):  
Faiq Tobroni
Keyword(s):  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Interfaith Marriage ◽  
The Third ◽  
Interfaith Marriages ◽  
Key Issues ◽  
Marriage Laws ◽  
Constitutional Right ◽  
The Impact

This paper has three key issues. The first issue discusses the arguments constructed by applicant of judicial review (JR) to assess the constitutional rights’ violations caused by the application of Article 2 (1) UUP. The second issue discusses on how the Constitutional Court (MK) seated position of state associated marital affairs in the rejection of JR. The third issue discusses model of freedom of ijtihad (legal thought) on interfaith marriage as the impact of MK’s Decision. Based on    the discussion, regarding to the first issue, the applicant of JR assess the application of Article 2 (1) UUP has legitimized the state as the sole interpreters of religious teachings for a requirement validity of the marriage. According to the applicant,  the role is used by the state (The Office for Religious Affairs/KUA) to not accept interfaith marriage. This refusal led to the violation of some other constitutional rights. Furthermore, as the findings of the second issue, MK’s decision has placed   the real position of state not as interpreters of religious teachings, but merely to accommodate the results of religious scholars’s ijtihad regarding marriage into the state law. Thus, it is not true that the state has violated the constitutional right to more intervene the religious life of citizens. Last findings as the third issue, MK’s decision has affected the model of ijtihad freedom on interfaith marriage. Actually interfaith marriage can still be served through the Civil Registry Office (KCS). KCS could be an alternative way to facilitate the interfaith marriages for all religions in Indonesia. Special for KUA, the institution reject to record interfaith marriage.   In this way, it only accommodates freedom of ijtihad within the limits of ijtihad jama’i. KUA just accomodates ijtihad by institutions such as the Majelis Ulama Indonesia, Nahdlatul Ulama, Muhammadiyah and other similar institutions that reject interfaith marriage. Special for marriage in muslim community, ijtihad jama’i is better than ijtihad fardiy because the second could trigger the liberalization of marriage laws (temporary marriages, polygamy more than four, underage marriages and denial of recording).

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

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