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Peni Rinda
UNISSULA
Law, Crime, Criminology & Criminal Justice

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JUDICIAL REVIEW OF DECISIONS OF POLYGAMIC POLICY IN SEMARANG RELIGIOUS COURT Peni Rinda; Achid Ulfi Sukriya
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2319

Abstract

Polygamy is a problem in marriages that is often discussed. Polygamy marriage as regulated in the polygamous marriage law, it is under the principle of monogamy which is not actually the absolute monogamous principle, but it is also called the principle of open monogamy. In the Compilation of Islamic Law (KHI) polygamy is the permission for a husband to have more than one wife on certain conditions. The method used in this legal research was sociological juridical approach that is the juridical review of the judge's verdict on polygamy permit in the Religious Courts of Semarang. The basic consideration to create the benefit of the people is that the active role of the Religious Court judges interpret the law in actual in order to apply the existing law in accordance with the needs of the development of society to achieve the mutual benefit. Elements in the principle of mutual benefit is not only the principle of legal certainty, but in the consideration there must also be the principle of benefit and the principle of justice
SMALL CLAIM COURT : PRINCIPLE CONCRETIZATION IN LAWSUIT SETTLEMENT Peni Rinda
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.18493

Abstract

The purpose of this research is to examine the provisions of civil procedural law in settling a lawsuit, to know the form of simple, fast, and low-cost concretization in simple lawsuit settlement. The research method uses the research object of simple, fast, and low-cost concretization in the settlement of a simple claim, normative juridical approach, the type of data used in this study is secondary data, which is sourced from the literature. Secondary data consists of primary legal materials, secondary legal materials, legal material collection techniques carried out by literature and the internet, while the data analysis method is analyzed descriptively qualitatively. The results show that the provisions of civil procedural law in resolving claims in court so far have been using the basis of HIR, which do not differentiate between complicated and simple case examinations so that the time for settlement is the same. The process starting from submitting/registering a lawsuit, determining the day of trial by the head of the panel of judges, the parties being summoned appropriately, the trial, evidence to the verdict took a long time, namely 6 months (SUPREME COURT CIRCULAR No. 6 of 1992), so the Supreme Court issued SUPREME COURT CIRCULAR No. 2 of 2014 which provides a time limit for completing the case of five (5) months. The simple, fast, and low-cost principles of concretizing a small claim court can be seen in the settlement stage. Settlement of a simple lawsuit is divided into 4 (four) stages, namely: 1), preliminary stage, 2) stage of case examination, 3). The objection request stage and 4), the simple action decision stage. This simple lawsuit settlement process should take a maximum of 25 (twenty-five) days. The simple principle is embodied in the shortened settlement process mechanism, the fast principle is realized within 25 days of completion, a peace that does not use the provisions of Supreme Court rules No.1 of 2016, while the principle of low cost is realized from a simple settlement mechanism, will be affected by the cost of the case.
Co-Authors Achid Ulfi Sukriya