Mediation In Settlement of Joint Marital Property Disputes: Study At Tanjung Karang Religious Court, Lampung

In general, after a divorce, there are frequent disputes relating to joint marital property. The settlement of joint marital property disputes can be carried out through a mediation process applied through litigation (court) and non-litigation (outside court). The settlement of joint marital property disputes is one of the absolute jurisdictions of Religious Courts. The number of joint marital property cases successfully mediated in Religious Courts throughout Indonesia in 2018 was 6.2%, in 2019 was 5,5%. This paper describes the factors that cause unsuccessful mediation in settling disputes over joint marital properties at Tanjung Karang Religious Court, Lampung. This empirical study with qualitative analysis and a normative juridical approach interviews mediator judges, disputants, and advocates. The research results show that the implementation of the mediation process in settlements of joint marital property disputes at Tanjung Karang Religious Court in the last four years is 15.1%, which is in the low category. Factors that influence the unsuccessfulness of mediation in joint marital property disputes at Tanjung Karang Religious Court are the absence of the parties, the disputed object, and the intervention of third parties (family, friends, and lawyers).

Exploiting legal fictions in circumventing legitimate rights in marital property

The Marriage is the norm of life and living in the family’s embrace under the shade of affection and tranquility is a goal that everyone who takes this step seeks, and the happiness and balance of the family can only be achieved by obtaining what can be achieved from the requirements of a decent life.But not everything that a person wishes to realize, some have intervened Factors and inconveniences make married life impossible to continue, and the most important of these factors, according to a scientific study, is money According to ourIslamic law, the offspring must be legitimate, and this will not happen except through legal marriage, and in the verse it is associated. Money with children because it has a strong influence and a close link to married life, which in turn is considered a partnership between two parties. The spouses may not be successful in completing this partnership, and the matter ends in divorce, and often the woman is forced to demand her legal and material rights. In this research, I will discuss, in particular, the tricks that some lawyers use to make things difficult, or to prevent the divorced woman from having her rights, especially material ones.

Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

Dampak Perkawinan Anak dan Perceraian: Studi Kasus Komunitas Samin di Kudus Jawa Tengah

This paper is a qualitative research based on observation and interview among Samin community in Kudus. The purpose of this study is presenting unregistered marriage among Samin community. Samin community is the descendants and followers of Ki Samin Surosentiko, renowned for his nonconformity against the Dutch since 1840s. Following the teaching, Samin people do not registered their marriage and thus they do not feel necessary to obey the government regulation on the minimum age of marriage. The marriage among Samin community will be performed once a girl and a boy perceived to be ready. There are three stages of maturity: adam timur, adam brahi and wong sikep kukuh wali adam. This understanding may lead to child marriage and among its negative impact is divorce. The consequences of unregistered marriage go further to dispute of marital property, right of guardianship, and even conflict between relatives. Nowadays, some Samin people try to find a way to register their marriage in order to get a marriage certificate from the Office of Civil Administration of Kudus. The government needs to pay more attention to the phenomena

PEMAHAMAN HIBAH DAN WASIAT SEBAGAI ALTERNATIF PENGELOLAAN HARTA PERKAWINAN KEPADA PELAYANAN KELUARGA EMAUS

The community service aims to provide an understanding of Grants and Wills as an alternative to the management of marital property." Grants and wills are actually familiar, but in fact many people do not know clearly the mechanism, and the difference between the two things. This makes not a few cases of inheritance disputes submitted to the Court. In general, inheritance disputes contain the uneven distribution of inheritance which contains a grant in it as well as the share of inheritance specified in the will. This counseling is a form of community service and provides understanding to the Pentecostal Church Congregation in Indonesia Ketapang Jakarta. Pentecostal Church in Indonesia, located in Jl KH. Zainul Arifin No. 39 Central Jakarta, which is currently led by Pdt. AH. Mandey is a church that was previously located on Jalan Pintu Besar Selatan. This Community Service is carried out using the Zoom application as a media to the Pentecostal Church Congregations in Indonesia, Ketapang Jakarta, which previously participants of this legal counseling registered via the google form. The material presented at the counseling was an understanding of marital bonds, assets in marriage, grants, elements of grants, terms of grants, and types of wills consisting of general wills, olographic wills and secret wills. The output plans resulting from this community service are in the form of continuation in the scientific meeting of the SENAPENMAS UNTAR 2021 event and publications in the mass media. Pengabdian Masyarakat yang dilakukan bertujuan untuk memberikan pemahaman mengenai Hibah dan Wasiat sebagai alternatif pengelolaan harta perkawinan.” Hibah dan wasiat sudah tidak asing di telinga, namun kenyataanya banyak masyarakat yang belum mengetahui secara jelas mekanisme, dan perbedaan dari kedua hal tersebut. Hal ini membuat tak sedikit kasus-kasus sengketa waris yang diajukan ke Pengadilan. Pada umumnya sengketa waris berisikan tentang ketidakrataan pembagian waris yang terdapat hibah didalamnya maupun bagian waris yang ditentukan dalam surat wasiat. Penyuluhan ini sebagai bentuk pengabdian kepada masyarakat dan memberikan pemahaman kepada Jemaat Gereja Pentakosta di Indonesia Ketapang Jakarta. Gereja Pantekosta di Indonesia Jl KH. Zainul Arifin No 39 Jakarta Pusat, yang saat ini di pimpin oleh Pdt. A.H. Mandey merupakan Gereja yang sebelumnya berada di Jalan Pintu Besar Selatan. Pengabdian Masyarakat ini dilakukan dengan media applikasi Zoom kepada Jemaat Gereja Pentakosta di Indonesia Ketapang Jakarta yang pada sebelumnya peserta penyuluhan hukum ini mendaftar melalui tautan google form. Materi yang disampaikan pada penyuluhan tersebut yaitu pemahaman mengenai ikatan Perkawinan, Harta dalam Perkawinan, Penghibahan, unsur-unsur Hibah, syarat Hibah, dan jenis-jenis Wasiat yang terdiri dari wasiat umum, wasiat olografis dan wasiat rahasia. Rencana luaran yang dihasilkan dari pengabdian masyarakat ini berupa prosiding dalam temu ilmiah acara SENAPENMAS UNTAR 2021 dan publikasi di media massa.

La Coutume and la Législation

The reformation of customs aimed to bring the sources of law under royal authority and improve judicial administration. Through this process, the king reaffirmed the primacy of legislation in both public and private law. This chapter examines major provisions of the Nouvelle coutume de Paris of 1580 and also looks at judicial cases that were argued at the Parlement of Paris based on the coutumes of other localities. The efforts to reform customs took place in tandem with legislative measures. Most edicts and ordinances inspired by Chancellor Michel de L’Hôpital dealt with public law and procedural matters, but they also covered key private law matters like succession and marital property. Customary law campaigns and legislative activities together represented the royal effort to ensure coherence in the legal system.

Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property

Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.

Marital Agreements in Vietnam from 1858 until Now

The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.

Gender and Access to Land Ownership: Christian Reflection on the Experience of Malawian Widows

Most women in Malawi encounter gender-based discrimination and violence when attempting to access land rights. Although legally land is transferred from parents to children, culturally in practical terms, land is either controlled by a brother or an uncle, leaving female members of the family with no decision-making powers. Upon the death of the husband, the widow loses property jointly held with the husband, as well as her own marital property to either the brother of the husband, or to her own brothers and uncles. Regardless of the many years spent in building their life together while enjoying the land they lived on and cared for together, unfortunately, the death of her husband leaves the widow with nothing. Lack of civic education makes many widows remain ignorant of the fact that the Malawian law protects them, and their land claims. This ignorance contributes to the suffering and impoverishment of many widows and leads some to live in acute poverty. The church has a special obligation to protect the rights of widows. It has an obligation to help empower women to secure land and the right to land so that widows can contribute to the larger community. Using a narrative approach, this article will demonstrate the difficulties faced by Malawian widows in terms of land claims. Current practices of inheritance and the ways widows are dispossessed will be uplifted through widows’ own stories about their lived realities. The article will conclude by proffering constructive proposals about how the church can empower widows to find solutions to these very real problems