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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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Journal : PATTIMURA Law Study Review

 1 
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.
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.
Putusan Terkait Sengketa Hak Atas Tanah Warisan Pieris, Flourensya Lyventriz; Latupono, Barzah; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19715

Abstract

Land disputes are unavoidable in today's era, this is due to the various very high land needs while the number of land plots is limited. Land dispute resolution is an effort to resolve land disputes between parties who feel disadvantaged. sIn accordance with the problems raised, the type of research used in this paper is normative legal research. Legal research is the process of discovering legal rules, legal principles, and legal doctrines in order to answer the legal questions faced. This paper is made with the problem of land dispute resolution and also the considerations and legal basis of judges in deciding cases. This study aims to resolve disputes. Legal approach, sources of legal materials include primary, secondary and tertiary data sources and normative research methods. The results of the study show how the dispute can occur because the defendants have taken over/taken over the disputed land of 12 HA. Therefore, the plaintiff filed a lawsuit against the defendants at the Ambon District Court. Article 171 of the Civil Code states that: Inheritance law is the law that regulates the transfer of ownership rights to inherited property from the testator then determines who is entitled to be the heir and determines how much each portion is, it is clear that by referring to the Civil Code it explains that everyone has the right to be an heir to every asset left by a subject who has a legal relationship that is legally family and/or property law which in essence has a close relationship between the testator and the intended heir.
Fair Mine Management in Indonesia Hamid, Moh Ilias Bin; Angga, La Ode; Latupono, Barzah; Irham, Muhammad
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.21892

Abstract

Environmental protection and management has consequences for the development of an integrated national policy system, and must be implemented in accordance with principles from the central government to the regions. Related to the above, Immanuel Kant thought that the principle of practical law comes from pure reason which is the basis for determining an action or deed. The type of research used is normative legal research, which is research that mainly examines positive legal provisions, legal principles, legal principles, and legal doctrines in order to answer the legal problems faced. This type of research is normative juridical, which is a legal research method that is carried out by reviewing literature or secondary materials. The form of legal rules related to equitable mining environmental management in Indonesia in the future should contain material that contains the following elements: a) integrated environmental management; b) clarity of authority between the central and regional governments; c) strengthening environmental control efforts; d) strengthening of pollution and/or environmental damage prevention instruments which include strategic environmental assessment instruments, spatial planning, environmental quality standards, environmental damage standard criteria, Environmental Impact Analysis, environmental management efforts and environmental monitoring efforts, licensing, environmental economic instruments, environment-based laws and regulations, environment-based budgeting, risk analysis environment, and other instruments in accordance with the development of science and technology; e) the use of licensing as a control instrument; f) the use of ecosystem approaches; g) certainty in responding to and anticipating global environmental developments; h) strengthening environmental democracy through access to information, access to participation, and access to justice as well as strengthening people's rights in environmental protection and management; i) Stricter enforcement of civil law, state administration, and criminal law; j) Strengthening institutions for more effective and responsive environmental protection and management; and k) Strengthening the authority of environmental supervisory officials and environmental civil servant investigators.
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 Latusawaule, Jilly Sekale Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny Kristiana Muchtar Anshary Hamid Labetubun 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 Tjoanda, Merry Tuankotta, Abdul Gani Uktolseja, Novyta