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ANALISIS PELAKSANAN PERWAKAFAN TANAH YANG TIDAK MEMENUHI SYARAT-SYARAT PADA UNDANG-UNDANG NOMOR 41 TAHUN 2004 TENTANG WAKAF DAN INTRUKSI PRESIDEN NOMOR 1 TANUN 1991 TENTANG KOMPILASI HUKUM ISLAM (Studi Putusan - Putusan Nomor 163/Pdt.G/2018/PTA.Bandung) Ovannyalda Chrismananta; Mulati Mulati
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8913

Based on the requirements of Waqf there is an issue that is in Kp. Magalayu, Citatah Village, District Citatah, West Bandung Regency. There is a plot area of 26,000 m2 that has been established by the school and public burial place. The land belongs to the local village government that was formerly a representative by the head of the former village to be represented. The Waqf is contrary to the prevailing laws and regulations in Indonesia, thus giving rise to conflict between the village government and its heirs. Based on the contents in this thesis there is the problem is how the implementation of land representatives who do not meet the requirements of the law No. 41 year 2004 about Waqf and Presidential instruction No. 1 year 1991 about the law compilation. The content of my thesis is based on the ruling that does not return the land to the village government when the land dispute is a village land, so according to the author of the Waqf should be cancelled because it does not comply with the prevailing laws and the Waqf is said to be haram. Furthermore, the research method is research for academic purposes, the method of approach used by the authors in the writing of this thesis is a legal approach, the research examined by the authors in this research is a prescriptive study.

ANALISIS PENETAPAN PENGADILAN NEGERI SURAKARTA NO. 46/PDT.P/2016/PN.SKT TERKAIT PERKAWINAN BEDA AGAMA DITINJAU BERDASARKAN UNDANG-UNDANG NO. 1 TAHUN 1974 Alberta Felia Lokawijaya; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In the lives of individuals in this world who have distinctive genders (people), normally have an alluring fascination between each other to have the option to live respectively. The opportunity to pick an actual existence accomplice in Indonesia doesn't have any significant bearing completely in such a case that a marriage is finished by an accomplice of various religions will cause a ton of discussion among the individuals of Indonesia. Truth be told, numerous couples need to live respectively yet are blocked by their religion. In settling on interfaith marriage applications, there are the individuals who enable union with proceed; yet some are against. Assurance of various judges causes legitimate vulnerability, this causes uneasiness for the Civil Registry office in giving marriage testaments. With the endorsement of interfaith relationships by the judges additionally lead to deviations from what has been set up by law. things that ought to be considered by made a decision in choosing interfaith relationships are good and juridical perspectives. A marriage did absolutely causes legitimate outcomes. On the off chance that relationships are led by an accomplice of various religions will cause issues, this issue is identified with the relationship of a couple, youngster status, legacy, religion embraced by kids.

ANALISIS PELAKSANAAN PEMBAGIAN HARTA WARIS BAGI PARA AHLI WARIS BEDA AGAMA DALAM STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 239/Pdt.G/2015/PN.JKT.PST tika bonet; Mulati Mulati
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13591

Inheritance law in general can occur or be implemented if there is death or divorce. There is no inheritance law in Indonesian. There is only one law that can determine the position of one's inheritance. Inheritance law is divided into three types in Indonesia, which are Traditional, Western and Islamic. Muslims who follow the provisions of the existing regulations in the Compilation of Islamic Law. Analysis of the implementation of the distribution of inheritance for heirs of different religions in the Study of Central Jakarta District Court Decision No. 239 / Pdt.G / 2015 / Pn.JKT.PST. This knowledge is very important and useful to learn so that there are no mistakes in the distribution of assets and can be fairly distributed. Where all rights and obligations can be fulfilled. If someone is married in Islam then they have to use Islamic Law Compilation because in the division of inheritance that is regulated in the West there is no difference between men and women in doing the distribution of inheritance. The research method used is normative legal research supported by the results of interviews. The results of the analysis in this study should be that the Judge goes deeper into the suit and the Advocate must be more careful in entering the lawsuit. Everything received by the Plaintiff is not in accordance with the provisions it should.

ANALISIS PEMENUHAN HAK RESTITUSI TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK (Studi Kasus: Putusan Nomor 116/Pid.Sus-Anak/2018/Pn.Kng) Mochamad Farhan Sutansyaddaafi; Mulati Mulati
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8899

The formation of Law No. 35 of 2014 concerning Child Protection has not yet had an impact on reducing the level of violence against children, especially cases of sexual violence. The Witness and Victim Protection Agency says there has been an increase in the number of cases of sexual violence against children that have occurred since 2016 from an initial 25 cases, increasing to 206 cases in 2018, the number continues to increase every year. The state is obliged to provide legal protection to its citizens, one of the forms presented by the state is restitution. However, in the effort to fulfill restitution, obstacles often occur, one of which occurs in Decision Number 116 / Pid.Sus-Anak / 2018 / Pn.Kng where victims of sexual violence do not receive restitution as mandated by Article 71D of the Child Protection Act. So that the problem arises how the fulfillment of the right to restitution of the crime of intercourse against children, the research method used is normative legal research for academic purposes supported by the results of the interview. The results of the analysis in this study are that there are still many obstacles such as unequal knowledge of law enforcement regarding the rights of victims. Law enforcers should pay more attention to matters relating to the rights of victims, because victims as the injured party for all things done by the perpetrators are entitled to receive restitution in accordance with the rights granted by law.

ANALISIS PUTUSAN NOMOR 598 PK/PDT/2016 TERHADAP AKTA PERJANJIAN PERKAWINAN YANG TIDAK DICATATKAN DALAM DINAS TERKAIT Bonggas Prayipto; Mulati Mulati
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12012

Marriage agreements that are made before a notary public but are not recorded at the related service office, the validity of the agreement is only binding on the parties making it, namely a married couple. This means that the marriage agreement becomes invalid and non-binding for a third party. The decision of the judicial review judge Number 598 PK / PDT / 2016 which states that marital assets obtained during marriage become joint assets that must be divided equally and equally in size is correct. The legal implication of a marriage agreement deed that is not registered with the relevant agency is that it does not reduce the legality of the parties making it. The marriage agreement remains valid for a married couple because of the agreement between the two parties as stipulated in Article 1320 of the Criminal Code regarding the validity of the agreement, namely the agreement. In the Marriage Law, there is no article that regulates or states that a new marriage agreement is valid if it has been registered or legalized, and is not binding for a third party, because the purpose of registration or registration at the related agency is to fulfill the element of publicity so that the third party is aware of the marriage agreement that has been signed. create a husband and wife pair so that in case of a legal incident the third party must comply with the marriage agreement that has been made.

TINJAUAN TERHADAP KASUS PENCABULAN ANAK DIBAWAH UMUR (PEDOFILIA) SESAMA JENIS DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 JO UNDANG-UNDANG NOMOR 17 TAHUN 2016 (STUDI PUTUSAN 90/PID.SUS/2016/PN BMS) Steven Artaxerxes; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Children are humans who have physical and mental abilities that are considered weaker to overcome various risks and dangers they face and automatically still depend on other parties, especially family members, but until now mistreatment in sexual matters it still haunts children, especialy pedophiles. One of the cases that occurred was the case of same-sex child molestation carried out by men with the initials BM, against several underage boys, who because of his actions the Judge of the Banyumas District Court stipulated a criminal sentence of 17 (seventeen) years. But in this case, the verdict that was dropped was still far from the word maximum and did not have an impact on the perpetrator. So then, how is the implementation of criminal sanctions against same-sex pedophiles in the verdict 90 / Pid.Sus / 2016 / Pn. Bms according to regulations? The method used in this study is normative legal research. Based on research on several experts and research on related regulations, regarding the decision, it is actually quite good, but it is considered to be less than optimal considering that the pedophile has psychiatric disorders, so psychological rehabilitation is needed and punishment should be made worse so that there is no more other victims for similar cases. It is better, in the future, the judge in determining the decision can consider from all aspects, especially in terms of victims, and psychological aspects of the perpetrators, so that in the future cases of child molestation can be reduced in number.

PEMBUKTIAN ASAS KESALAHAN DALAM PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA PENCABULAN ANAK DIBAWAH UMUR (STUDI PUTUSAN PENGADILAN NEGERI KOTA BUMI LAMPUNG UTARA NO 51/PID.SUS/2016/PN.KBU) Bima Sena; Mulati Mulati
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8944

Proof process in the trial is a series of processes that must be carried out in the trial, this process is carried out with the aim to obtain legal certainty and justice for all Indonesian people therefore in the process of proving that law enforcement must pay close attention to the stages. The process of legal protection against children who are victims of the crime of sexual abuse of minors are contained in Law Number 35 of 2014 concerning Amendment to Law Number 23 of 2002 concerning Child Protection. However, in the trial process there were several obstacles or obstacles in achieving justice, one of which occurred in the North Lampung City District Court Decision Number 51 / Pid.Sus / 2016 / PN.Kbu, based on the facts contained in the trial process of the defendant did not meet the element of error contained in the article indicted by the Public Prosecutor, so the Panel of Judges handed down the acquittal of the defendant. This proves that in the trial process there has not yet reached a sense of justice and legal certainty received by one of the parties that is carrying out legal efforts. So that the problem arises as to how to prove the principle of error towards a free verdict. The method used by researchers is normative legal research for academic purposes supported by interviews with several sources. From the results of research and discussion in the trial process there are still often obstacles to the achievement of justice for all parties, therefore the authors suggest that the Judge handle criminal acts of sexual abuse in the future to be more careful and thorough in accordance with the law in imposing criminal decisions .

PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA Liana Noviyanti; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6533

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

KEABSAHAN PERKAWINAN SEDARAH MASYARAKAT ADAT BATAK TOBA MENURUT HUKUM ADAT Aktor Pimadona; Mulati Mulati
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5238

Marriage is a sacred activity because it relates to the religion and beliefs of each. The Batak Toba community is one of all tribes in Indonesia that adhere to their customs and customs, but lately there has emerged the phenomenon of blood marriages in the Batak Toba indigenous people because they feel like each other without thinking about the sanctions that will be received later. In this study, the issue was raised about how legitimacy of the blood marriage of the Batak Toba indigenous people according to customary law? The author examines the problem using normative methods. The results showed that the marriage of the Batak Toba community was not in accordance with the rules applicable in customary law, because the marriage system of the Batak Toba indigenous people themselves embraced an exogamous marriage system in which the Batak Toba indigenous people could marry the man or woman they liked must be outside the clan or the clan itself. Then in this study there are also ways to preserve the culture of the Batak Toba indigenous people who are increasingly disappearing because of the modern era that exists today.

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