Barzah Latupono
Fakultas Hukum Universitas Pattimura, Ambon

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Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam Putri Samiat; Barzah Latupono; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1795

Abstract

Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.
Penyuluhan Hukum Tentang Penyelesaian Sangketa Perkawinan Dengan Menggunakan Pranata Adat Saudara Kawin Di Pulau Haruku Kabupaten Maluku Tengah Barzah Latupono; Sarah Selfina Kuahaty; Theresia Louize Pesulima
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1780

Abstract

Introduction: The rise of marriages carried out without going through the marriage procedures in the Marriage Law has resulted in many problems regarding the validity of marriages in Central Maluku district, giving rise to various legal problems in the local community.Purposes of Devotion: To provide legal understanding related to marriage issues that can be resolved by married siblings without having to go to court in Pulau Haruku District, Central Maluku Regency. Method of Devotion: Carried out using the lecture method by each presenter. The lecturer is given time to present the material, after that the participants are invited to ask problems or questions, which are then answered in turn by the presenter according to the problem being asked.Results of the Devotion: It is important for all levels of society to understand Marriage Law and that problems that arise can be resolved by married relatives as mediators so that marriage problems no longer have to be resolved in court.
Perjanjian Jual Beli Pohon Musiman Di Dalam Masyarakat Desa Sanahu Seram Bagian Barat Julian Marsel Kaisiry; Barzah Latupono; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1860

Abstract

Introduction: The sale and purchase agreement has undergone many developments, especially regarding the procedures or forms used.Purposes of the Research: This writing aims to analyze the customary law review of the seasonal tree sale and purchase agreement in the Sanahu State community, to find out the form of sanctions for buyers who do not carry out the custom of buying and selling seasonal trees in accordance with customary law in the Sanahu State community, as one of the requirements in fulfilling study completion at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. Civil law to achieve clarity of issues to be discussed.Results of the Research:  The results of the study show that the tree sale and purchase agreement in the Sanahu community is valid, because it complies with the Civil Code contained in Article 1320, namely regarding the terms of the agreement. The agreement that has been agreed upon by the parties regarding prices and goods, is capable of making an agreement.