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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Oktafia, Yeni
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Harta Bersama dalam Perkawinan Poligami yang Tidak Dicatatkan Oktafia, Yeni; Sudarsono, Sudarsono
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 2 (2021): Desember 2021
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.814 KB) | DOI: 10.17977/um019v6i2p462-469

Abstract

This study aimed to analyze the distribution of joint property in unregistered polygamous marriages and the legal certainty of the distribution in unregistered polygamous marriages. This study was normative juridical research because this study used the statutory approach, the conceptual approach, and the historical approach. Data collection techniques were sourced from primary, secondary, and tertiary legal sources. The researcher analyzed data with descriptive analysis and interpretation methods. The study results showed that the distribution of joint property in polygamous marriages that were not registered must carry out isbat marriage so that there was a guarantee of legal protection for the distribution of joint property. The division of joint property in a polygamous marriage that was not registered was equated with a legal marriage as long as it could be proven to have good faith in its implementation. The legal certainty of the distribution of joint assets in unregistered polygamous marriages could be carried out by law chosen by husband and wife by deliberation and consensus. If submitted in court, it was based on the right of rechtsvinding based on ijtihad and the noble values of Indonesian customary law.
The Validity of Submission in Credit Agreements Based on Sharia Principles Nurhayati, Prawatya Ido; Oktafia, Yeni
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 4 (2025): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i4.1872

Abstract

The purpose of the study is to investigate on the concept of submission in legs of credit agreements based on Shariah concept. This research is intended to measure the legality of these agreements based on the requirements of contract in accordance with the stipulation set out in Article 1320 of the Option of Contractual Law, so that only those agreements in respect of the law, so that all concerned parties must comply with the legal principles set forth by law. Moreover, this research also aims to evaluate and determine the authority of the Religious Court to resolve disputes arising from implementation of Shariah credit agreement entries. This study used a normative juridical research method to analyze the relationship between credit agreements and Shariah. The motivation for this study is the increasing number of Shariah credit agreements formed lately, some of which are not based on the basic principles of Shariah credit agreements. The results of the research show that the jurisdiction of Religious Courts to resolve these disputes is governed by Law Number 3 of 2006 concerning the Religious Courts, so that although there is wide jurisdiction for these courts in principle, there are still limitations in the authority of these courts to resolve disputes arising from the execution of the Shariah credit agreement.
Co-Authors Nurhayati, Prawatya Ido Sudarsono