scholarly journals Perlindungan Hukum Hak-Hak Istri Pasca Perceraian

2020 ◽  
Vol 1 (2) ◽  
pp. 195-211
Author(s):  
Nasriah Nasriah ◽  
Dachran S Busthami ◽  
Hamza Baharuddin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Force

Penelitian bertujuan mengetahui bentuk perlindungan Terhadap Istri Melalui putusan pengadilan di Pengadilan Agama Belopa dan mengetahui pelaksanaan isi putusan hakim Pengadilan Agama Belopa tentang pemberian nafkah mantan istri akibat cerai talak. Metode yang digunakan adalah metode penelitian yuridis-sosiologis. Hasil penelitian menunjukkan bahwa Penerapan bentuk perlindungan hukum terhadap istri yang diberikan melalui putusan pengadilan yaitu berupa pemberian nafkah lampau, nafkah mut’ah, nafkah iddah, dengan cara pembebanan kepada bekas suami. Dan Pelaksanaan pemberian nafkah mantan istri akibat cerai talak dilaksanakan setelah suami membacakan ikrar talak atau setelah putusan berkekuatan hukum tetap. Namun dalam prakteknya, banyak suami yang tidak mau membayarkan nafkah mantan istri di persidangan, sehingga hakim memberikan kebijakan dengan memerintahkan suami untuk membayarkan mut’ah, nafkah iddah, dan nafkah madhiyah sebelum pembacaan ikrar talak atau menunda sidang penyaksian ikrar talak bagi suami yang ingkar terhadap kewajibannya. Kebijakan tersebut dilakukan untuk memberikan perlindungan hak-hak mantan istri dan memberikan keadilan bagi istri yang ditalak oleh suaminya. This study aims to determine the form of protection for wives through court decisions at the Belopa Religious Court and to find out the implementation of the contents of the Belopa Religious Court judge's decision regarding providing a living for ex-wives due to divorce. The method used is a sociological-juridical research method. The results showed that the application of the form of legal protection to the wife that was given through a court decision was in the form of giving a past income, living a mut'ah, iddah income, by means of imposition to the ex-husband. And the provision of income for the ex-wife due to divorce is carried out after the husband has read the divorce vow or after the decision has permanent legal force. However, in practice, many husbands do not want to pay for their ex-wives in court, so the judge provides a policy by ordering their husbands to pay mut'ah, iddah livelihoods, and madhiyah livelihoods before reading the divorce vows or postpone the hearing of the divorce vows for husbands who renounce obligation. This policy was carried out to protect the rights of the ex-wife and to provide justice for the wife who was bullied by her husband.

scholarly journals Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan

2020 ◽  
Vol 1 (1) ◽  
pp. 54
Author(s):  
Muchtar Anshary Hamid Labetubun ◽  
Sabri Fataruba
Keyword(s):  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Husband And Wife ◽  
Legal Force

Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.

scholarly journals Fungsi Pengawasan Hakim Pengawas dan Pengamat terhadap Pembinaan Warga Binaan

2019 ◽  
Vol 1 (2) ◽  
pp. 77-88
Author(s):  
Elvi Susanti
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Social Reintegration ◽  
Legal Force

Penelitian ini bertujuan untuk menganalisis fungsi pengawasan hakim terhadap putusan pengadilan. Penelitian didasari pada bahwa pengawasan pada tahap pelaksanaan putusan dalam sistem peradilan pidana dapat dilakukan setelah adanya putusan pengadilan yang telah berkekuatan hukum tetap (incraht). Metode Penelitian yang digunakan adalah metode penelitian normative. Hasil penelitian menunjukkan bahwa Fungsi pengawasan hakim pengawas dan pengamat (Kimwasmat) terhadap pembinaan warga binaan (Wabi) adalah memberikan kepastian terhadap jaminan perlindungan hak asasi warga binaan (Wabi); memberikan jaminan kepastian hukum terhadap pelaksanaan putusan hakim; jaminan pembinaan warga binaan (Wabi) dalam rangka reintegrasi sosial di masyarakat This study aims to analyze the supervisory function of judges against court decisions. The research is based on the fact that supervision at the stage of implementation of the verdict in the criminal justice system can be carried out after the existence of a court decision that has permanent legal force (incraht). The research method used is a normative research method. The results of the study showed that the function of supervising supervisors and observers (Kimwasmat) towards fostering the assisted citizens (Wabi) was to provide assurance of the guarantee of the protection of the human rights of the assisted people (Wabi); provide legal certainty against the implementation of judges' decisions; guarantee of fostering fostered citizens (Wabi) in the context of social reintegration in the community.

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 06014
Author(s):  
Raden Murjiyanto
Keyword(s):  
Research Method ◽  
Research Study ◽  
Legal Protection ◽  
Court Decisions ◽  
Registered Trademark ◽  
The Right

Since the enactment of Law Number 19 of 1992 on Trademarks that had been amended last with the enactment of Law Number 20 of 2016 on Trademarks, it applies the Constitutive System (First to File) which is a change from the old system of the Declarative System (First to Use). Therefore, the legal protection is determined by a registration. However, there are still many lawsuit cases of trademark cancellation. Based on the Constitutive System, the right is granted to the first registrant. Some cases are based on a lawsuit from a party who feels as the owner of the trademark, but registered by another party. The research study, titled Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia, based on the problem: the first problem is how is the form of legal protection of registered trademark owner in the Constitutive System in Indonesia? The second problem is why with the Constitutive System are there still many trademarks that have not been registered? The research method used normative research method, by reviewing the documents, court decisions and applicable legislation.

scholarly journals PROBLEMATIKA EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA

2012 ◽  
Vol 1 (3) ◽  
pp. 435 ◽  
Author(s):  
Ismail Rumadan
Keyword(s):  
Rule Of Law ◽  
General Public ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Individual Rights ◽  
State Administration ◽  
The Relationship ◽  
Legal Force

The existence of the Administrative Court in the judicial system in Indonesia as a manifestation of the commitment of the state to provide legal protection of individual rights and the rights of the general public so as to achieve harmony, harmony, balance, and dynamic and harmonizing the relationship between citizens and the State. But the execution of the decision of the Administrative Court which have permanent legal force by the State Administration officials are not fully effective, although the mechanisms and the stages of execution has been carried out. Factors causing poor execution of the decision of the Administrative Court, among others; absence of rule of law that forced the officials to implement the State Administrative Court's decision: the commandment of the judge's decision that dare not include the forced payment of a sum of money when the state administration officials concerned did not implement the decision of the Court; factor and compliance officials in carrying out the State Administrative Court decision. Keywords: Execution, Judgment of the Court.

scholarly journals Execution of Recognition of Grosse Documents Made Payable Notary

2018 ◽  
Vol 1 (3) ◽  
pp. 811
Author(s):  
Rekowarno Rekowarno
Keyword(s):  
Legal History ◽  
Comparative Law ◽  
Court Decision ◽  
Court Decisions ◽  
Formal Requirements ◽  
Legal Force

This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.

scholarly journals Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City

2019 ◽  
Vol 6 (3) ◽  
pp. 744
Author(s):  
Taufiq Hidayat Putra ◽  
Busyra Azheri ◽  
Dasman Dasman
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Liability Insurance ◽  
Court Decision ◽  
Executive Power ◽  
Fiduciary Duties ◽  
The Right ◽  
Fiduciary Liability ◽  
Legal Force

The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. After the auction is conducted, the author is interested in conducting a research discussing on the forms of legal protection against debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. This research applies empirical juridical method by using primary and secondary data. The results of the study found that legal protection for bad debtor, who is bound by the fiduciary liability insurance after the collateral object is auctioned, is the elimination of fiduciary duties on objects guaranteed by fiduciary liability insurance and the return of the remaining credit obtained from the auction by the creditor to the debtor.

scholarly journals Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

2019 ◽  
Vol 6 (3) ◽  
pp. 766
Author(s):  
Alfi Hidayat ◽  
Sukanda Husin ◽  
Ulfanora Ulfanora
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Court Decision ◽  
Legal Research ◽  
Droit De Suite ◽  
Legal Force ◽  
Bad Loan

The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.

scholarly journals Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali

2019 ◽  
Vol 6 (2) ◽  
pp. 138
Author(s):  
Hardy Salim ◽  
Yoefanca Halim ◽  
Adriel Michael Tirayo
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Legal Certainty ◽  
Procedure Code ◽  
Legal Force

<p>A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.</p>

Analisis Penyelesaian Sengketa Ekonomi Syariah Secara Non Litigasi

2021 ◽  
Vol 4 (2) ◽  
pp. 336-352
Author(s):  
Ana Latifatuz Zahro ◽  
Muhammad Iqbal Fasa ◽  
A. Kumedi Ja’far
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Theory ◽  
Legal Protection ◽  
Expert Assessment ◽  
National Committee ◽  
Court Decisions ◽  
Legal Action ◽  
Legal Principles

  The aims and objectives of the research are to find out the practice of resolving sharia economic disputes in a non-litigation manner and the application of sharia economic dispute auctions. In order to achieve the aims and objectives, this research uses a normative juridical research method with an approach that refers to the Qur'an, Al-Hadith, ijtihad, legal theory, legal principles and legislation. Sources of data are obtained from the Qur'an, Al-Hadith, books, laws and regulations, court decisions, and so on as long as they are interrelated. The practice of resolving sharia economic disputes in a non-litigation manner can be pursued by arbitration, namely through the Sharia Arbitration Board (“Basyarnas-MUI”) and by alternative dispute resolution methods, namely through Consultation, Negotiation, Mediation or Expert Assessment. This is related to arbitration through the Basyarnas-MUI for the procedures and procedures that have been regulated. Meanwhile, alternative dispute resolution by means of Consultation, Negotiation, Mediation or Expert Assessment has not been sufficiently regulated. Despite this, there is already a National Committee for Islamic Economics and Finance (KNEKS) whose function is to formulate and provide recommendations for solving problems in the Islamic economy and finance sector. In addition to that, there are also arbitration institutions and other alternative dispute resolution, but these institutions have not specifically regulated the non-litigation settlement of sharia economic disputes. The application of sharia economic dispute auctions can be carried out on material guarantees by means of parate execution, executive titles or underhand sales. However, against the auction mechanism, the debtor can still take legal action, namely the cancellation of the auction or resistance / objection to the auction. This of course, apart from being less effective, it does not provide as intended the purpose of the law and legal protection for interested parties.

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