scholarly journals Penyelesaian Perkara Harta Warisan dan Harta Bersama dengan Prosedur Mediasi di Pengadilan Agama Badung (Nomor Perkara 0095/PDTG/2017/PABDG)

2021 ◽  
Vol 2 (1) ◽  
pp. 88-92
Author(s):  
I Kadek Leo Byasama Wijaya ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Peace Agreement ◽  
Real Situation ◽  
Trial Process ◽  
Legal Power ◽  
Legal Problems ◽  
Surrounding Environment ◽  
Difference Of Opinion ◽  
Joint Property

Disputes over joint property mixed with inheritance Dispute resolution specifically means that in a dispute that occurs between a husband and wife there is a difference of opinion between the two parties because property can also refer to a dispute So that for this there is an imbalance of ownership and a policy is needed to equalize the position of both parties Based on the background of the problems that have been described several problems can be formulated as follows 1) How is the Legal Power of mediation in the trial process at the Badung Religious Court? 2) What are the procedures for distributing inheritance and collective assets according to the compilation of Islamic law? This type of research used here is a type of empirical research where this research is carried out on the real situation in a community or the surrounding environment with the aim of finding facts or existing legal problems The results of this study indicate that the legal power of mediation in the trial process at the Badung Religious Court namely with the peace deed the results of the peace agreement get legal certainty

scholarly journals Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

Al-Qadha ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 160-174
Author(s):  
Azmil Fauzi Fariska
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Secondary Material ◽  
Library Research ◽  
Primary Reference ◽  
Shared Property ◽  
Data Collection Technique ◽  
Research Decision ◽  
Joint Property ◽  
Laws And Regulations

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.

scholarly journals Sanksi Adat terhadap Krama Desa yang Melakukan Wanprestasi dalam Pengembalian Kredit Pada Lembaga Perkreditan Desa di Desa Adat Kapal

2020 ◽  
Vol 1 (2) ◽  
pp. 24-29
Author(s):  
Anak Agung Ngurah Dharma Bayu Subandi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
High Risk ◽  
Empirical Research ◽  
Quality Standards ◽  
Credit Institution ◽  
Community Group ◽  
Real Situation ◽  
The Real ◽  
Legal Problems ◽  
Surrounding Environment

Banks as credit providers should trust their customers within the agreed period of repayment of all credit that has been submitted. In practice, many customers do not fulfill the promised time to repay their loans. For various reasons, Default is caused the debtor's lack of awareness of his binding obligations. This study aims to determine the factors that lead to default in returning credit at the Desa Adat Kapal credit institution, and to determine the settlement of default in returning credit at the Desa Adat Kapal credit institution. The type of research used is the type of empirical research, where this research is carried out in accordance with the real situation of a community group or the surrounding environment in order to find facts or existing legal problems. The results of this study indicate that the factors causing non-performing loans in general are that all loans carry a high risk. Non-performing loans are loans that contain weaknesses or do not meet the quality standards set by the bank. Then, the settlement of defaults according to custom at the Ship Traditional Village Credit Institution is based on Article 8 of the Traditional Ship Village Credit Institution agreement.

scholarly journals PELAKSANAAN PUTUSAN NOMOR: 1719/PDT.G/2018/PA.BWI DALAM PEMBAGIAN HARTA PERKAWINAN DALAM PERKARA POLIGAMI

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
ABDUR ROHMAN
Keyword(s):  
Islamic Law ◽  
Legal Certainty ◽  
Equal Share ◽  
Joint Property ◽  
Husband And Wife

 Dapat dideskripsikan, bahwa pelaksanan pembagian harta gono-gini dalam perkawinan poligami adalah sama dengan pembagian harta gono-gini dalam perkawinan monogami, yaitu masing-masing pasangan mendapatkan bagian sama antara suami dan para istri, sebagaimana maksud Pasal 37 Undang-undang Nomor 1 Tahun 1974 dan Pasal 97 Kompilasi Hukum Islam.  Ditetapkan harta bersama dalam perkara ijin poligami, adalah demi kemaslahatan dan melindungi Harta bersama Pemohon dan Termohon, agar istri yang  baru tidak mengklaim harta bersama tersebut dengan menerapkan 3 pilar tujuan hukum yaitu keadilan, kemanfaatan dan kepastian hukumKata kunci: kepastian hukum, poligami, perkawianan It can be described, that the distribution of the gono-gini assets in the polygamy marriage is the same as the distribution of the gono-gini assets in a monogamous marriage, where each pair gets an equal share between husband and wife, as intended in Article 37 of Law Number 1 of 1974 and Article 97 Compilation of Islamic Law. Determined joint property in the case of a polygamy permit, is for the benefit and protection of Assets with the Petitioner and Respondent, so that the new wife does not claim the joint property by applying the 3 pillars of legal objectives namely justice, expediency and legal certainty Keywords: legal certainty, polygamy, marriage 

CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B

2018 ◽  
Vol 4 (1) ◽  
pp. 37-45
Author(s):  
Gina Yunita
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
Legal Certainty ◽  
Sociological Approach ◽  
Polygamous Marriage ◽  
Legal Uncertainty ◽  
Article 5 ◽  
Joint Property

A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law  that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive

scholarly journals JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW

2021 ◽  
Vol 11 (1) ◽  
pp. 26-34
Author(s):  
Fauzi Fauzi ◽  
Subanrio Subanrio ◽  
Akhmad Muslih
Keyword(s):  
Islamic Law ◽  
Legal Rights ◽  
Legal Certainty ◽  
Equal Rights ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Power ◽  
The Right

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that  state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.

scholarly journals Analisis Tentang Kewajiban Nafkah Keluarga Dalam Pemberlakuan Harta Bersama

2017 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Jumni Nelli
Keyword(s):  
Islamic Law ◽  
Collective Responsibility ◽  
Legal Certainty ◽  
Relationship Of ◽  
The Relationship ◽  
Joint Property ◽  
Husband And Wife

In Islam, a nafkah is the responsibility of a husband. As in Indonesia family lawappliesthat nafkahis the responsibility of a husband and also it imposes joint property. The obligation of a husband to feed raises an issue regarding the implementation of obligations of a husband that can lead to a legal loophole that could undermine the principle of legal certainty and justice community. It is important to be discussed about nafkah and the concept of joint property in Islamic law and KHI, as well as the obligations to provide nafkah for her husband. Based on this research, understandably ifjoint property was appliedthen it becomes the collective responsibility of husband and wife. It also brings the consequence that all the household duties can beduties in together. Thus Islam adheres to the principle of balance and fairness in the relationship of husband and wife.

scholarly journals Kepastian Hukum Harta Bersama bagi Istri Pertama dalam Perkawinan Poligami

2021 ◽  
Vol 6 (1) ◽  
pp. 66
Author(s):  
Willy Budianto ◽  
Rachmi Sulistyarini
Keyword(s):  
Islamic Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Polygamous Marriage ◽  
The Future ◽  
Shared Property ◽  
The Creation ◽  
The Law ◽  
Joint Property

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.

PEMBAGIAN HARTA BERSAMA DITINJAU DARI ASAS KEPASTIAN HUKUM (Studi Putusan Mahkamah Agung Nomor 266K/AG/2010)

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Darmi Wati
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
The Supreme Court ◽  
Joint Property

Shared assets are abattoir items obtained during marriage. If the divorce of the joint property is divided in two, except for the marriage agreement. This is regulated in Article 97 Compilation of Islamic Law as a basis for legal certainty. But the fact is that the sharing of the collective shares is not in accordance with Article 97 Compilation of Islamic Law, namely the division is not divided in two as occurred in the Supreme Court decision Number 266K / AG / 2010, namely the Plaintiff / Cassation Respondent ex-husband gets ¼ (one quarter). This is the object of the author's research by reviewing the principles of legal certainty. Keywords : Sharing of Joint Assets, Principle of Legal Certainty

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

POLIGAMI DALAM PERSPEKTIF AL-QUR’AN

2016 ◽  
Vol 1 (2) ◽  
pp. 35-50
Author(s):  
Makrum Makrum
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Qualitative Approach ◽  
Comprehensive Understanding ◽  
Research Results ◽  
Library Research ◽  
Difference Of Opinion ◽  
Controversial Problem ◽  
The Difference ◽  
Interpretation Method

This paper is discusion the polygamy is still a controversial problem, although much discussed and examined. The difference of opinion among scholars make this problem continues to potentially raises the agree and disagree. Even though it has been regulated in Act Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI), this does not necessarily make the problem of polygamy is complete. Not a few perpetrators of polygamy choose married under the hand or by sirri. This research uses qualitative approach by implementing thematic interpretation method (maudhu'i) to obtain a comprehensive understanding about polygamy in the Qur'an. The Data obtained through the study of a library research by sharing the data that comes from the various verse of the Qur'an, hadith, book fiqh, research results, books and the news in various media outlets in order to complete the interpretation of the verses of polygamy. Based on the results of this research it is known that the verses of the Qur'an gives a very tight restrictions for those who want to in polygamy. Justice that the conditions of polygamy is not only were quantitative but also qualitative research. In the context of historical-socio, the command of polygamy is intended as a form of the solution to avoid injustice to orphans women. Even if polygamy still want to do, should the husband marrying the widows who have lighten the orphan.

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