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INTERVENSI ANAK DALAM PERCERAIAN Firman Wahyudi
Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman Vol 15, No 2 (2016)
Publisher : Pascasarjana UIN ANTASARI Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/al-banjari.v15i2.839

Abstract

The high divorce rate in Indonesia sometimes result with positive and negative trends. Positive trend meant the rise of women to defend their rights as a wife that is often abused by her husband so divorce is the best solutions and alternatives. Trend downside besides destroying a family structure also carries a psychological impact, especially children in addition to great effect in socio-civic life. Legal divorce just look at issues from both parties (husband and wife) only, while the other family members in this case the child is not involved. Though the realm of the family consisting of a husband and wife and children. Child has a fundamental right within the family and also have the right to intervene to prevent his parents' divorce because he was the main victim of the divorce itself. Required a special advocate to defend the interests and rights of the child in his parents' divorce given the level of skill in the legal act has not been adequate. In this case the role and functions of the Indonesian Child Protection Commission (KPAI) is necessary in order to fulfill these rights.
THE QUO VADIS OF BANCKRUPTY SETTLEMENT AND PKPU LAWS ON SHARIA BANKING Firman Wahyudi
Jurnal Hukum dan Peradilan Vol 8, No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.1-20

Abstract

Normatively, based on the decision of the Constitutional Court No. 93/PUU/X/2012 the settlement of Islamic economic disputes becomes the absolute competence of the Religious Courts. However, at the empirical level, there are still sharia economic disputes which are still decided by the Commercial Court (general), namely bankruptcy cases and PKPU on the sharia bank. This paper focuses on three things, first, what causes these cases to remain under the authority of the Commercial Court, secondly, what are the legal consequences if the case is resolved through the Commercial Court and how the legal arguments about the competence of the Religious Courts in bankruptcy cases and PKPU on sharia bank. This research method is normative law by examining a set of legal materials related to bankruptcy and PKPU. The analysis used is synchronization of the norms of Law No. 37 of 2008 and PERMA No. 2 of 2008. The results of the study found that the cause of the case is still handled by the Commercial Court because of a conflict of norms between the Bankruptcy Act and PERMA regarding KHES which still has not been finalized, the conditions legal vacuum regarding bankruptcy based on the sharia contract and the existence of the KMA letter regarding the instruction for the implementation of book II. Legal consequences if the case is dealt with by the Pengadian Niaga there will be coercion on the substance of sharia economic law into conventional economic law, not in sync between the settlement of the dispute with the contract and the concept of solving the case prioritizing business principles and business competition rather than substantive justice. Based on the theory of authority and the principle of the lex specialist, it was found the conclusion that bankruptcy cases and PKPU based on the absolute sharia contract became the absolute competence of the Religious Courts.
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