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All Journal Usroh: Jurnal Hukum Keluarga Islam Muqaranah Asian Journal of Law and Humanity
Ifrohati, Ifrohati
Universitas Islam Negeri Raden Fatah Palembang
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PENERAPAN ASAS GUGATAN KURANG PIHAK (PRULIUM LITIS CONSORTIUM) SEBAGAI ALASAN HAKIM MENOLAK GUGATAN WARIS (Studi Putusan Nomor 0735/Pdt.G/2015/PA.Bgr) Jeri Ariansyah; Siti Rochmiatun; ifrohati ifrohati
Usroh: Jurnal Hukum Keluarga Islam Vol 5 No 1 (2021): Usroh
Publisher : Program Studi Al-Ahwal Al-Syakhshiyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.326 KB)

Abstract

Religious Courts, as seeking justice for interested parties, in legal parties that are often encountered regarding war lawsuits. The judge is of the opinion that all heirs must be included in the inheritance lawsuit as subjects. In the case of inheritance, an error occurred in the investigation regarding the parties involved in the Religious Courts. an error in the inheritance lawsuit so that the lawsuit cannot be accepted by the judg(prulium litis consortium). Type of research library research, using a conceptual and legal approach. Types of data from qualitative data, legal materials: primary law, secondary law, and tertiary law. Qualitative descriptive analysis technique. The subject in the case of inheritance of decision 0735/Pdt.G/2015/PA.Bgr there are 3 heirs, parties in the case are only the first child as defendant, the third child as plaintiff. In addition, there are parties who should be included in lawsuit as co-defendants who control the inheritance because of the ownership rights by way of buying and selling between the first child as the seller, and the third party as buyer. application of the prulium litis consortium principle that judge has erroneously applied this principle so that the second heir who will be appointed as a co-defendant. Key words: Prulium Litis Consortium, Heirs, Religious Court
Penyelesaian Hadhānah Pasca Perceraian dalam Putusan Hakim Pengadilan Tinggi Agama Nomor:005/Pdt.G/2018/pta.Plg Ifrohati Ifrohati; Erniwati Erniwati; Mea Santia Wati
Muqaranah Vol 6 No 2 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i2.14753

Abstract

The obligation to care for children does not end even if the parents are divorced. However, there is often a struggle over child custody, even having to involve a court to resolve it. One of them was the hadhanah case at PTA Palembang with decision Number: 005/Pdt.G/2018/PTA.plg. which will be the focus of this study. The purpose of this study is to examine the judge's decision in terms of Law Number 17 of 2016 and Islamic Law, so that a comparison between the two can be known. This research is a normative juridical research. The approach method is comparative. The data analysis technique that the writer uses is a qualitative descriptive analysis technique. In decision Number: 005/Pdt.G/2018/PTA.plg. Child custody is handed over to anyone because the lawsuit contains a formal defect so that the lawsuit cannot be accepted. According to Islamic law, hadhanah rights as stated in decision Number: 005/Pdt.G/2018/PTA.plg. handed over to the mother, but Law Number 17 of 2016 does not question this. This law stipulates that children must be cared for by their own parents, unless there are other justified reasons.
Exploitation of Child Rights in Islamic Family Law Perspective Sri Asmita; Muhammad Abdillah; Ifrohati; Lusiana; Hana Pertiwi
Asian Journal of Law and Humanity Vol. 2 No. 2 (2022): In Press
Publisher : Faculty of Sharia, State Islamic University KH. Abdurrahman Wahid Pekalongan, Central Java, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1124.151 KB) | DOI: 10.28918/ajlh.v2i2.6751

Abstract

Exploitation of children has changed the perspective and morality of humans towards criminal law, at the same time government policies have made a clear regulation on the enforcement of legal protection for children who are victims of exploitation. The study is based on the argument that there is no law enforcement on the practice of child exploitation so that exploitation continues to occur continuously. This study applies a literature study approach and policy review and various data sourced both online and offline which will later be able to provide an objective picture of how child exploitation is in law from the perspective of Islamic family law. As has been found in previous research on punishment for perpetrators of child exploitation, it has ignored the justice of children victims of exploitation by their parents, close people and community agencies. Law enforcement cannot guarantee absolute rights for children autonomously, this is due to many considerations so that legal protection for child victims of exploitation is very difficult to enforce. Thus, a discussion is needed to provide legal protection for child victims of exploitation with the perspective of Islamic family law
Co-Authors Erniwati Erniwati Hana Pertiwi Jeri Ariansyah Lusiana Lusiana Mea Santia Wati Muhammad Abdillah Siti Rochmiatun Sri Asmita