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All Journal DE JURE Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum Yuridika LUTUR Law Journal Jurnal Hukum dan Pembangunan PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Latupono, Barzah
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Law, Crime, Criminology & Criminal Justice

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PENYELESAIAN PERKAWINAN YANG TIDAK MEMENUHI SYARAT PERKAWINAN MELALUI ISBATH NIKAH Latupono, Barzah
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marriage is a spiritual bond between a woman and a man as husband and wife to form a happy and eternal family based on the Godhead. For that marriage must be done by fulfilling the rules of marriage law in accordance with applicable law. One of the requirements for a marriage is in accordance with Article 6 of the Marriage Law No. 1 of 1974 is: A person who is still bound by a marriage with another person cannot remarry except to fulfill the provisions of Article 3, (2) and article 4. If this point is not fulfilled, and the parties continue to carry out the marriage, then this marriage is deemed not legitimate. because marriages that are carried out are only legal according to religious law, but will not get recognition from the state, so when they are going to divorce they must keep their marriages. Isbath marriage even though for the purpose of divorce, but of course this will legalize the marriage, because by doing marriage isbat means automatically there is state recognition of marriage that was previously considered illegal.
Rights and Position of Home Children In The Sanahu Community of West Part of Seram District Latupono, Barzah; Laturette, Adonia Ivonne; Radjawane, Pieter
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1840

Abstract

Introduction: The offspring of a husband and wife being taken as children for another family, whether close relatives or distant relatives based on an agreement which of course gives rise to the rights and position of the adopted child, for this reason it is necessary to establish the rights and position of the child. so it won't cause problems in the future.Purposes of the Research: To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the rights and position of returning children in the Sanahu Community, West Seram Regency. The workings of the empirical juridical or sociological juridical method in this research proposal, namely from the results of collecting and discovering data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts existing in society.Results of the Research: The results of the research show that the rights and position of children returning home in the Sanahu Community of West Seram Regency are regulated based on customary rules that developed in Sanahu Village where adopted children will be classified as legitimate children of the parents who adopted them and have the position of biological children so that they have the right to the inheritance of that person. The parents adopted him, but the assets he inherited were only the joint assets of his adoptive parents. The child's inherited assets did not have the right to inherit them.
Model Pengelolaan Sumber Daya Kelautan dan Kemaritiman Tjiptabudy, Jantje; Angga, La Ode; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2133

Abstract

Introduction: Indigenous people who live on small islands are quite large in number compared to the available natural resources. So it can be said that it is not enough to meet the basic needs of indigenous peoples, for a certain period of time. Therefore, the idea was born to create legal regulations that could regulate and organize all the potential of marine and maritime resources so that they could be used wisely.Purposes of the Research:  to formulate the formulation of a Marine and Maritime Resources Management Model in Central Maluku Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study.  The research seeks to describe the Marine and Maritime Resource Management Model in Central Maluku Regency. The way the empirical juridical or sociological juridical method works in this research proposal is from the results of collecting and finding data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts available. exists in society, thus the truth in a study has been declared reliable without having to go through a rationalization process.Results of the Research: To minimize conflicts and disputes that occur in the marine and maritime customary rights community, there must be a formulation of a model for regulating marine and maritime management in Central Maluku Regency involving all cuttings holders.
Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan Solarbesain, Fransiskus Xaverius; Tjoanda, Merry; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1474

Abstract

Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated.
Anak Angkat Dalam Pembagian Harta Warisan Menurut Hukum Islam di Dalam Masyarakat Suku Muna Hakim, Jamil; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2139

Abstract

Introduction: Every ethnic group living in Indonesia has different inheritance procedures and laws. The inheritance of each ethnic group is more influenced by the customs of each tribe when they grow and develop. The regional cultural value system is the highest value and the core of regional customs.Purposes of the Research:  To find out the Position of Adopted Children in the Distribution of Inheritance according to Islamic Law.Methods of the Research: The research used is normative juridical which is descriptive analytical. The research approach uses a statutory approach and a conceptual approach. Sources of research data are primary, secondary, tertiary data which is carried out by looking for library materials, namely studies related to PP RI No 54 of 2007 concerning Implementation of Adoption and Compilation of Islamic Law (KHI).Results of the Research: Adopted children in the Muna tribal community, Islamic law according to KHI have the same position as biological children in the customary law system. The position of adopted children in the distribution of inheritance according to Islamic law in the Muna tribal society, adopted children are positioned as biological children if the adoptive parents do not have biological children.
Kerugian Nasabah Akibat Kesalahan Pejabat Perbankan Lambouw, Giovita Nathaza Prasedia; Laturette, Adonia Ivone; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2118

Abstract

Introduction: Bank as financial institutions that provides financial services in doing their job and responsibility, also needed the community to run the wheels of the country’s economy by building relationships with the community as customers based on law and trust as a base of the relationship.Purpose of the Research: The purpose of this paper is to determine Bank’s responsible to the mistakes that caused by the bank official and the form of compensation that given by the Bank to the customer.Methods of the Research: The research method used is normative juridical research with analytical descriptive type through a conceptual approach, statuary approach and case studies.Results of the Research: Based on the results of the research: first, the relationship between the bank and the customer, apart from based by trust relationship, it also gives a legal responsibility by the bank. Second, parties that are proven to fulfilled the elements of unlawful act can be sued for compensation by the other party based on the amount of loss that they have caused and what kind of form of the compensation that must be replaced.
Perceraian Dengan Alasan Disfungsi Seksual Menurut Hukum Islam Musaad, Faly Antary; Latupono, Barzah; Fataruba, Sabri
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13770

Abstract

ABSTRACT: Marriage is a meeting between 2 (two) people with various characteristics, but in a household there are definitely problems that can lead to divorce. Divorce occurs due to separate reasons, including violence or physical defects experienced and in fact divorce can be carried out due to sexual dysfunction. Sexual dysfunction refers to various problems or disorders affecting a person's ability to feel satisfaction or function well in sexual activity, a condition where a person has difficulty having sexual relations with their partner. Several sub-problems or research questions are: 1) What are the procedures and reasons for divorce according to Islamic law? 2) Can the consequences of sexual dysfunction be used as a reason for divorce? This research aims to find out and explain the procedures and reasons for divorce as well as to find out and explain sexual dysfunction as a reason that results in divorce according to Islamic law. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The laws used are literature studies, journals, internet media. The research results show that there are 2 (two) divorce procedures according to Islamic law, namely talak divorce and contested divorce. Divorce talak is a husband's vow before a Religious Court which is one of the reasons for the dissolution of a marriage, where the decision has permanent legal force, while divorce is contested as regulated in Government Regulation no. 9 of 1975, namely a divorce lawsuit filed by the wife or her attorney to the court whose jurisdiction includes the defendant's residence. Apart from that, if seen from an Islamic perspective in relation to the wife as the applicant, there is also the term khulu' or khuluk, namely a request for divorce by the wife to the husband in the Religious Court with the condition of giving a ransom or iwadl to and with the consent of her husband. Meanwhile, the reason for divorce is due to sexual dysfunction, both according to the explanation of Article 39 paragraph (2) of the Marriage Law and Article 116 of the Compilation of Islamic Law which sound the same, where one of the reasons that can be used as a basis for divorce is that one of the parties or partners has a disability. serious illness or illness resulting in the inability to carry out their obligations as husband and wife, however the judge must obtain evidence that the defendant is experiencing sexual dysfunction or is impotent.
Wallimahtul Ursy as the Embryo of the Birth of Marriage Registration According to Islamic Law Latupono, Barzah
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.47161

Abstract

This research aims to provide an illustration that by carrying out a marriage according to Islamic religious law without going through a marriage notification at the KUA, known as nikah sirri, then making a walimah to announce the marriage shows that there are no obstacles to the marriage being carried out.This research uses normative juridical research methods using primary, secondary and tertiary legal materials as well as statutory regulations and legal concepts.The results of the research show that if the sirri marriage is carried out by the guardian as a form of announcement to the public, then the marriage is considered valid because the conditions have been fulfilled and are in harmony and can be published which can be interpreted as a form of recording. because previously there was no institution for marriage registration. Walimah shows that a valid marriage has been carried out according to Islamic law, so that there are no longer any obstacles to the marriage. The function of recording according to state law is for everyone to know and serve as evidence for the parties. Making a walimah means wanting to announce the marriage and provide evidence to the public and government that a valid marriage has been carried out so that it can be reported administratively for recording.
Sosialisasi Hukum Tentang Hak-Hak Keperdataan Masyarakat Yang Timbul Dari Perkawinan Dan Perjanjian Pietersz, Jemmy Jefry; Latupono, Barzah; Kuahaty, Sarah Selfina
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2399

Abstract

Introduction: Society as a legal subject has civil rights in legal interactions within the community. These civil rights come in many forms, and the socialization carried out includes marriage rights and contract rights. Therefore, legal socialization is necessary to provide enlightenment regarding civil rights.Purposes of Devotion: The purpose of this community service is to transform information and legal knowledge related to civil rights of the community.Method of Devotion: The outreach activities are carried out by conveying a) information and legal knowledge; b) dissemination of marriage law; and c) dissemination of contract law.Results of the Devotion: Increased public understanding of rights arising from civil law relationships, particularly marriage and contract. The community obtains information from the aspect of marriage law regarding the requirements of marriage, rights and obligations within marriage, and the legal consequences of marriage. From the aspect of contract law regarding the validity of unwritten contracts that are often made by the community and their legal consequences. This legal education is expected to provide guidance on legal protection and preventive measures.
Tanggug Jawab Suami Istri Terhadap Hutang Bersama Setelah Penceraian Sukur, Fatma Resdiana; Latupono, Barzah; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16081

Abstract

The responsibility of married couples in settling joint debts after divorce is a very important thing to study. The reason is, there is no provision in Indonesia's positive law that regulates the settlement of joint debts after the dissolution of a marriage, which results in the parties not knowing how to settle joint debts, and also in certain cases will cause losses to one of the parties, both husband and wife who bear a larger amount of debt so that there is an injustice in the distribution of the debt. The method used in this study is normative juridical, to analyze legal problems contained in laws and regulations. The results of the study show that regarding the position of joint property between husband and wife during marriage in accordance with article 35 paragraph (1) property obtained during the marriage period becomes joint property, and under joint control where its use must be with mutual consent. After divorce, if referring to article 37 of the Marriage Law, the joint property is divided according to their respective laws, but in general, the joint property is divided equally between the ex-husband and wife according to the property obtained during the marriage period. Regarding the responsibility for joint debts, referring to article 35, joint debts used to meet the needs of the household and by mutual consent can be considered part of the joint property and the responsibility of the debt must be divided equally between the ex-husband and wife in order to create justice.
Co-Authors Adonia Ivone Laturette Akyuwen, Rory Jeff Alfons, Sartje Sarah Atbar, Rini Awaluddin, Syah Ayu, Laras Fadel Ramadhan, Fadel Fataruba, Sabri Ganggas, Fansiska Vivi Hakim, Jamil Hamid, Moh Ilias Bin Harudin, Harlinud Jantje Tjiptabudy Jantje Tjiptabudy Kuahaty, Sarah Selfina La Ode Angga Lambouw, Giovita Nathaza Prasedia Laturette, Adonia Ivonne Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny Kristiana Muhammad Irham Musaad, Faly Antary Mussad, Saini Nawardi, Hamdan Pesulima, Theresia Louize Picarima, Elsa Olivia Pieris, Flourensya Lyventriz Pietersz, Jemmy Jefry Radjawane, Pieter Ramadan, La Ode Alfachriy Ridla Renuat, Ahmad Yani Simanjuntak, Vera Waty Solarbesain, Fransiskus Xaverius Soulisa, Mohammad Ibrahim Sidik Sukur, Ahmaf Fuzail Sukur, Fatma Resdiana Tianotak, Nasarudin Tjoanda, Merry Tuankotta, Abdul Gani Uktolseja, Novyta