Subanrio Subanrio
Universitas Bengkulu

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JURIDICAL ANALYSIS ON THE LEGAL POWER OF COLLATERAL SEIZURE ON MATRIMONIAL JOINT ASSETS IN THE DECISION OF MANNA RELIGIOUS COURT NO. 54/PDT.G/2019/PA.MNA BASED ON ISLAMIC LAW Fauzi Fauzi; Subanrio Subanrio; Akhmad Muslih
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (262.614 KB) | DOI: 10.33369/j_bengkoelenjust.v11i1.15786

Abstract

The objectives of the study were to find out and analyze: (1) the reasons of collateral seizure on matrimonial joint assets where it can guarantee the Plaintiff's rights and (2) The views of Islamic law on the collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna. This study was normative legal research. The reasons for the seizure of the collateral filed by the Plaintiff in the lawsuit case No.54/Pdt.G/2019/PA.Mna were: a) the reasons for collateral seizure on matrimonial joint assets were due to the Plaintiff’s claim in the lawsuit concerning the assets under the Defendant's authority; b). Judge panel considered the rules based on Al-Qur'an surah An-Nisa verse 32, regulation in Marriage Law, and Compilation of Islamic Law that  state the right of Matrimony Joint Assets belongs to both parties, and since the assets were under the Defendant's authority, a collateral seizure is considered necessary; c) the reasons of collateral seizure on matrimonial joint assets were also to provide legal certainty and equal rights to each party; d) to ensure the integrity of the assets, to get them to remain maintained and present; and e) the seizure was to avoid the right transfer of the asset to other parties and to prevent the assets from being misused or damaged. The legal power of collateral seizure of matrimonial joint assets in the decision of Manna Religious Court No.54/Pdt.g/2019/PA.Mna could give the Plaintiff's legal rights in writing, but when viewed from Islamic law it could not be able to achieve the objectives of Islamic law itself, namely the benefit and usefulness principles. This was due to the absence of sanctions and strong foundations for those who did not carry out the decision. The court only granted the seizure stamp and joint assets seizure but did not decide the execution over the joint assets, so the Plaintiff's rights could not be fully protected. Islamic law considered the collateral seizure on matrimonial joint assets in the decision of the Manna Religious Court No.54/Pdt.g/2019/PA.Mna as something that is not prohibited and mentioned in surah Al-Baqarah verse 188.
LOCAL WISDOM OF KINSHIP SYSTEM IN REMOTE AND ISOLATED COMMUNITIES ACCORDING TO CUSTOMARY LAW ON ENGGANO ISLAND Andry Harijanto; Subanrio Subanrio; Hamdani Ma'akir; Joko Susetyanto
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25036

Abstract

The purpose of the study is to explain and describe the local wisdom of the kinship system in remote and isolated communities according to customary law on enggano island. Research methods using qualitative approaches and legal anthropology. Data collection techniques are observation, in-depth interviews and secondary data collection. The determination of informants is carried out purposively, that is, key informants are determined by the researchers themselves based on considerations of adequate education, position, and experience. Data analysis is qualitative, which is carried out continuously from the beginning to the end of the study. The results of the study were: (1) tribal groups and tribal branches; (2) traditional settlement patterns; and (3) traditional leadership systems.