The Concept of Joint Property Ownership of Husband and Wife

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets. Keywords: concept, ownership, shared property, marriage, law.

Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

Law of Common Ownership in Connection with the Development of the Economy of the Collective Use of Goods and Services

It becomes urgent to resolve the issue of developing the institution of law of common ownership, as well as property law in general, regarding the fact that property law needs reforming that has not yet been implemented, due to the emergence, in the context of digitalization, of the economy of collective use of various goods (sharing, the economy of shared consumption), changes in the culture of consumption and the fact that not in all cases the acquisition of goods on the basis of sole ownership is economically justified. Users’ communities, whose members jointly acquire objects for their collective use, including objects in common ownership, can be considered as one of the forms of sharing. Peculiarities of exercising the right to common ownership in relation to property in the context of a sharing economy make it possible to talk about the possibility of separating an independent type of common property along with shared and joint property (for example, collective common property) or distinguishing a variety of common shared property—by analogy with the right of ownership to the common property of an apartment building. The peculiarities of the implementation of this type of common property can be enshrined in civil legislation.

Kepastian Hukum Harta Bersama bagi Istri Pertama dalam Perkawinan Poligami

This study aimed to analyze the legal certainty of shared property as well as the urgency of marriage agreements on the shared property for first wives in polygamous marriages. The research used the statute approach. The provisions of the law on joint property in polygamous marriage based on Article 94 of the compilation of Islamic law did not provide legal certainty to the first wife, thus the creation of a marriage treaty deed on joint property under Law Number 1 of 1974 on Marriage became one of the efforts to obtain legal certainty. The urgency of the marriage agreement on the joint property for the first wife in a polygamous marriage was related to the legal protection of the first wife when the husband was influenced by the second wife in the future.

Marriage Properties Sharing Based on Islamic Law

The aim of this study is to discuss the Sharing of Assets as a Result of Divorce in the Palu Religious Court. This study used qualitative research methods with an emphasis on juridical analysis studies/ The data was gathered through observation, interviews, and documentation. The data analysis technique that the researcher uses is data reduction, data presentation, data verification and conclusion. This study found that, the distribution of shared assets in the Palu Religious Court, the Panel of Judges in completing the distribution of assets referred to Article 35 paragraph (1) of Law Number 1 of 1974 and KHI in article 97. In determining and granting the plaintiff's claim and the plaintiff's reconstruction which contains the Determination of joint assets according to the provisions of the marriage law, that the assets obtained during marriage become joint property. In a legal juridical sense, the understanding of shared property is the property of husband and wife obtained during marriage.

Conclusion

The conclusion highlights how an examination of emerging family practices in China challenges the conventional approaches. Core expectations involving family obligation, marital intimacy, and intergenerational exchange depart from current conventional representations. The idea that descending familism characterizes a new norm is shown to overlook the ways in which private property shapes the consciousness of entitlement. Patriarchal elements inform relations between family members in ways that have not previously been encountered. Traditionally, only males could access family wealth; today, females have equal rights to shared property, as both spouses and daughters, and they may generate property through their own efforts that is theirs to deploy in their own terms. The conclusion expresses the hope that this book will stimulate and encourage further research on erstwhile neglected aspects of family life, as well as the development of new theoretical frameworks for understanding family dynamics, not only in China but more generally.

IMPLEMENTASI VISI DESA BERDAYA KOTA BERJAYA BERDASARKAN PERATURAN DAERAH KOTA BATU NOMOR 3 TAHUN 2018 TENTANG RPJMD TAHUN 2017 – 2022

Dengan ditetapkan Undang-Undang Nomor 11 Tahun 2001 Tentang Pembentukan Kota Batu tanggal 21 Juni 2001, terbentuklah Kota Batu sebagai daerah otonom baru di Jawa Timur. Sesuai dengan kewenangannya Pemerintah Daerah Kota Batu menetapkan Visi Desa Berdaya Kota Berjaya ke dalam RPJMD Tahun 2017-2022. Penelitan ini mengambil rumusan masalah: Produk hukum daerah apa sajakah yang sudah dan/atau belum dibentuk oleh Pemerintah Daerah Kota Batu sebagai daerah otonom, guna mengatur lebih lanjut UU Desa dan aturan pelaksanaannya untuk mewujudkan Visi Desa Berdaya Kota Berjaya? Bagaimanakah implementasi Visi Desa Berdaya Kota Barjaya, serta produk hukum daerah apa sajakah yang berpengaruh terhadap tercapainya Visi Desa Berdaya Kota Berjaya? Hal ini perlu dikemukakan karena pembahasan tentang Desa tidak lepas dari bingkai regulasi yang mengatur tentang Desa (UU Desa dan Peraturan-Peraturan pelaksanaannya). Penelitian ini menggunakan pendekatan yuridis empiris. Penelitian yang berbasis pada inventarisasi hukum positif, penemuan asas-asas hukum dan penemuan hukum inconcretto, yang dilengkapi pengamatan operasionalisasi asas-asas hukum secara empiris. implementasi Visi desa Berdaya Kota Berjaya memerlukan komitmen untuk pengaturan lebih lanjut baik secara atributif maupun delegatif sesuai regulasi tentang desa dengan peraturan daerah maupun peraturan walikota. Hal ini menjadi niscaya, karena desa dalam kontek UU Desa sudah bukan lagi sebagai obyek, malainkan ditempatkan sebagai subyek pembangunan. Saran yang bisa penulis sampaikan hendaknya pemerintah daerah melakukan revieu atas RPJMD 2017-2022, mendudukkan regulasi desa sebagaimana mestinya guna terwujudnya Desa Berdaya Kota Berjaya.Kata kunci: Desa Berdaya, Visi, Desa Berdaya Kota Berjaya With the enactment of Law No. 11 of 2001 on the Establishment of Batu City on June 21, 2001, batu city was formed as a new autonomous region in East Java.This research takes the formulation of the problem: What regional legal products have been and/or have not been established by the Batu City Regional Government as an autonomous region, in order to further regulate the Village Law and its implementation rules to realize the Vision of The Empowered Village of BerjayaThe research uses an empirical juridical approach. The research is based on the inventory of positive laws, the discovery of legal principles and the discovery of inconcretto laws, which includes empirical observations of the operationalization of legal principles.From the results of the research, the Vision of Empowered Village of Barjaya City, is realized by increasing the equalization of development in the village with idm indicator (Indek Desa Membangun). In conclusion, the implementation of The Vision of Berdaya Kota Berjaya village requires a commitment to further arrangements both attributely and delegatively in accordance with village regulations with local regulations and mayoral regulations.Keywords: Shared property, polygamy, subdivision

IMPLEMENTASI PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN POLIGAMI

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci: harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision

Mundane work for utopian ends: Freeing digital materials in peer production

This article studies the online encyclopedia Wikipedia as a core example of the storage and sharing of commons-based digital materials. It focuses on the voluntary, day-to-day activities of its editors as they gather and transform digital information goods that are made available free of charge. Using the notion of articulation work, I stress the effort that goes into accommodating the engagement with the encyclopedia within the contributors’ media-suffused daily routines. Then, the article discusses the typical practices of transcribing, republishing, and relicensing through which the transition from non-free ownership to freely shared property is brought about. Finally, the freedom that is inherent in the modification of the legal status of ideas and artifacts and their public circulation requires us to interrogate the ethical implications of the digital commons collected and spread by Wikipedians.

Biological Phase Separation and Biomolecular Condensates in Plants

A surge in research focused on understanding the physical principles governing the formation, properties, and function of membraneless compartments has occurred over the past decade. Compartments such as the nucleolus, stress granules, and nuclear speckles have been designated as biomolecular condensates to describe their shared property of spatially concentrating biomolecules. Although this research has historically been carried out in animal and fungal systems, recent work has begun to explore whether these same principles are relevant in plants. Effectively understanding and studying biomolecular condensates require interdisciplinary expertise that spans cell biology, biochemistry, and condensed matter physics and biophysics. As such, some involved concepts may be unfamiliar to any given individual. This review focuses on introducing concepts essential to the study of biomolecular condensates and phase separation for biologists seeking to carry out research in this area and further examines aspects of biomolecular condensates that are relevant to plant systems. Expected final online publication date for the Annual Review of Plant Biology, Volume 72 is May 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.