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All Journal LEGAL BRIEF Indonesian Journal of Shariah and Justice Archipelago: Jurnal Pengabdian Kepada Masyarakat Iain Ternate
Baharuddin Baharuddin
Institut Agama Islam Negeri (IAIN) Ternate
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : LEGAL BRIEF

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Implementation of Religious Court Judge's Decisions in Children by Husband Post Divorce Abdul Rifai; Husen Alting; Baharuddin Hi; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.612 KB) | DOI: 10.35335/legal.v11i4.480

Abstract

Children are a mandate in the hands of their parents and a clean heart is a very valuable gem. The presence of children in a family is a complement to the happiness of a marriage. Among the legal consequences of breaking up a marriage is the issue of children, because after the divorce of both parents, their rights will not be reduced to get all their needs. Formulation of the Problem What are the legal consequences for a father who does not carry out the judge's decision on the obligation to support children after divorce, How is the problem with submitting the decision of the Religious Court judge regarding the obligation to support the child after the divorce and What is the ideal concept of completing the execution of the decision of the Religious Court which is not carried out by the parents? (father) regarding his obligation to support children after divorce. The approach method used in this study is normative, with primary and secondary data approaches. The impact of the father's obligation not to carry out the court's decision Article 16 PP No. 53 of 2010. The obligation to give part of the salary to the ex. Decree of the Head of BKN No: K.26-30/V.99-6/99 Regarding the explanation of the obligation to give part of the salary to ex-wife and children. The problem of delivering the decision of the judge of the religious court regarding the obligation to support children in divorce includes the problem of the execution of the obligation to provide for the father for the maintenance of the child after the divorce. The petitioner for execution does not know what property the respondent owns. The father is unable to carry out the decision regarding the obligation to support the child on the grounds that he does not have property. The ideal concept of settlement includes Efforts in carrying out the execution of child support, guaranteeing husband's property, execution costs charged to the respondent.
Analysis of Legal Urgency of Premarriage Agreements Related to Gono Gini's Assets in Ternate Religious Court Jumriyani Jumriyani; Rusdin Alauddin; Baharuddin HI
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (768.413 KB)

Abstract

The importance of a prenuptial agreement is closely related to the legal consequences that arise with the existence of marriage, namely, regarding assets, obligations of husband and wife and also the future of children born from marriage. Marriage has three legal consequences, namely, the existence of a legal relationship, the existence of assets and obligations to the children who are born and as a result of marriage including the existence of property and mixing of the property of both parties (husband and wife) which is known as innate property. , joint property, acquisition property and inheritance. The regulation regarding the protection of marital property of husband and wife in the form of a marriage agreement has been mandated by the legislation which has been explained comprehensively in the Civil Code. This study aims to determine the legal urgency of prenuptial agreements related to property gono gini at the Ternate Religious Court. This study uses a normative research method with an approach to legislation. The results show that the urgency of the prenuptial agreement law is to regulate the legal consequences of marriage, including the separation of assets obtained before marriage. In addition, the prenuptial agreement can also be about the separation of debts that occur before marriage, during the marriage, after divorce, and even death.
Co-Authors Abdul Rifai Arsyad Dolosi Husen Alting Jumriyani Jumriyani Muhammad Zaber Wahid Muhammad Zein Rusdin Alauddin Rusdin Alauddin