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All Journal Jurnal Media Hukum JISIP: Jurnal Ilmu Sosial dan Pendidikan JUPE : Jurnal Pendidikan Mandala Transparansi Hukum Jurnal Pengabdian kepada Masyarakat Nusantara JIHAD : Jurnal Ilmu Hukum dan Administrasi Media of Law and Sharia
Endang Heriyani, Endang
Universitas Muhammadiyah Yogyakarta
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGAKUAN DAN HAK ASUH ANAK LUAR KAWIN (Studi Penetapan No. 456/Pdt.P/2020/PN Jkt.Pst) Hermawan, Rudy; Heriyani, Endang
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 7, No 1 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Januari)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v7i1.4511

Abstract

Children out of wedlock only have a civil relationship with their mother and their mother's family. To create a civil relationship with a child out of wedlock, the biological father must confess. In practice the biological father can admit it by submitting an application to the District Court. This can be seen in the determination of No. 456/Pdt/P/2020/PN Jkt Pst. The  problem posed is  how the judge's considerationin   granting the  application   for  recognition of biological fathers to illegitimate children in the determination of Number 456/Pdt.P/2020/PN.Jkt.Pst and the factors that cause extramarital custody rights are in  the biological father?. This type of research is normative legal research. Analysis of research data was carried out using a qualitative descriptive method. The results of this study indicate that the judge's consideration in granting the application for acknowledgment of children out of wedlock is because biological fathers want to have legal standing as a father in meeting all the needs of children which are then stated in a Statement of Recognition, and the factors that cause custody of children out of  wedlock goes to the biological father, because the biological father has shown his responsibilities as a father, by paying for childbirth when a child is born out of wedlock, and is able to finance an illegitimate child to adulthood, and the mother of an illegitimate child has handed over custody of the child to the biological father as outlined in the Deed of Agreement on Rights. Parenting made in front of a Notary. 
Pembatalan Hibah Oleh Suami Kepada Istri Yang Sudah Meninggal Dunia (Studi Putusan No. 151/Pdt.P/2018/Pa.Jr) Al Ikhlas, Lister; Heriyani, Endang
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 7, No 3 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Juli)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v7i3.5486

Abstract

Buku Anshori, Abdul Ghofur,  2017, Filsafat Hukum Hibah dan  Wasiat di Indonesia, Yogyakarta, Gadjah Mada   University Press. Anggraeni, Widya, 2006, Tanggung Gugat Pemberi Hibah Akibat Pembatalan Hibah, Surabaya: Universitas Airlangga.Ath-Thayyar,  Abdullah bin Muhammad, et all.,2009,   Shahih al bukhari dalam Ensiklopedi Muamalah dalam Pandangan 4 Madzhab, Yogyakarta, Maktabah Al-Hanif.Basyir, Ahmad Azhar, 2004, Hukum Waris Islam, Yogyakarta: UII Press.Dahlan, Abdul Aziz, et all., 1996, Ensiklopedia Hukum Islam, Jakarta: PT Ichtiar Van Hoeve.Departemen Pendidikan Nasional, 2005, Kamus Besar Ikhtisar Indonesia Edisi Ketiga, Jakarta: Balai Pustaka.Dewata, Mukti Fajar Nur dan Yulianto Achmad, 2015, Dualisme Penelitian Hukum Normatif dan Empiris, Yogyakarta: Pustaka Pelajar.Marzuki, Peter Mahmud, 2010, Penelitian Hukum, Jakarta: Kencana.Manan, Abdul, 2017, Aneka Masalah Hukum Perdata  Islam di Indonesia,Jakarta, PT Fajar Interpratama Mandiri.Rajasa, Sutan, 2002, Kamus Ilmiah Populer, Surabaya: Karya Utama.Rofiq Ahmad, 2015, Hukum Islam di Indonesia, Jakarta: Rajawali Pers.Suparman, Eman, 1995, Intisari Hukum Waris Indonesia, Bandung: Mandar Maju.Artikel Jurnal:Abdoeh, Nor Mohammad, “Inheritance for Adopted Child (A Philosophical Study of a Maximum of One-Third)/ Hibah Harta pada Anak Angkat (Telaah Filosofis terhadap Bagian Maksimal Sepertiga)V, Jurnal Millah, Jurnal Studi Agama Vol. 18, No. 2 (2019  ).hal 207-234.                Bashori, Dhofir Catur  dan Miftahul Ichsan, “Pembatalan Hibah oleh Pengadilan Agama”, Hakam; Jurnal Kajian Hukum Islam, Vol. 5, No. 1 (2021), hal 44-56.Hindrato, Deny Muria  dan Hari  Purwadi, “The Cancellation of Grant Deed by The Sibling of Grant Recipient Through the Court’s Stipulation (A study on Stipulation Nomor: 58/Pdt.P/2015/PN/SBY)”, Jurnal Repertorium, Vol. 5, No. 2 (2018), hal 1-15.Peraturan Perundang-Undangan:Kitab Undang-undang Hukum Perdata (BW).Undang-undang No. 1 Tahun 1974 tentang Perkawinan.Instruksi Presiden Nomor 1 Tahun 1991 Tentang Kompilasi Hukum Islam.
Child Custody Due to Divorce in a Mixed Marriage (Study of Decision Number 73/PDT.G/2019/PN BTL JO. Decision Number 96/PDT/ 2020/PT YYK) Haura, Nayzalika Dzikra; Heriyani, Endang
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 1 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i1.8509

Abstract

Mixed marriage refers to a marriage involving couples with different nationalities, with one party being an Indonesian citizen. Such marriages frequently occur in various countries due to work activities or tourism. One of the issues arising from mixed marriages is divorce, which has implications for the children born from these marriages, especially regarding their custody, as they are often unable to choose whether to live with their mother or father following the divorce. Typically, both parents desire custody, resulting in legal disputes brought before the court. In such cases, the judge's considerations are crucial, as they must examine and decide the case by prioritizing the best interests of the child to ensure the fulfillment of their rights and development. This research explains the judge’s considerations in determining child custody resulting from divorce in mixed marriages. This research is normative juridical research, utilizing secondary data derived from primary and secondary legal materials. Based on the analysis, it is concluded that in determining child custody due to divorce in mixed marriages, the judge may grant custody rights to both parents. In this case, the mother, an Indonesian citizen, was granted custody of the first child, who was nine years old, based on the panel of judges considering the child’s preference, who felt more affectionate towards his mother and practiced Catholic prayers with her in daily life. Meanwhile, the father, a foreign national, was granted custody of the second child, who was five years old, because the child expressed affection towards his father and stepmother, Mama Lena, and practiced Islam in his daily prayers, following his father’s religion. Therefore, the panel of judges based the determination of child custody on the child's preferences to ensure their best interests.
MENUMBUHKAN KECINTAAN TERHADAP AL-QUR’AN MELALUI PESANTREN KILAT DI RUMAH TAHFIDZ NURUL ILMI 316 Heriyani, Endang
Jurnal Pengabdian kepada Masyarakat Nusantara Vol. 4 No. 4 (2023): Jurnal Pengabdian kepada Masyarakat Nusantara (JPkMN)
Publisher : Lembaga Dongan Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

During school holidays, parents worry about the activities chosen by their children. The activity that children like the most is playing gadgets during holidays. This can have a negative impact on children. Pesantren kilat is an alternative activity that can be chosen by children to fill school holidays. This community service aims to foster children's love for the Qur'an through flash pesantren activities. The methods of devotion include observation, service implementation, and evaluation. The conclusion obtained from the implementation of the pesantren kilat is that some students began to grow their love for the Qur'an. Santri looked serious and enthusiastic when given lessons in the Qur'an and when memorizing the Qur'an. Furthermore, followed up by registering as mukim students at Rumah Tahfidz Nurul Ilmi 316 as many as 1 person, and 6 people as non-mukim students to learn and memorize the Qur'an.
Default on Rental Renting a Car at Hidro Rent Car and Tour Jogja Windarwoko, Muhammad Gibran; Heriyani, Endang
JUPE : Jurnal Pendidikan Mandala Vol 9, No 2 (2024): JUPE : Jurnal Pendidikan Mandala (Juni)
Publisher : Lembaga Penelitian dan Pendidikan Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jupe.v9i2.6893

Abstract

Not everyone can have a private vehicle, so it needs a car to rent because it provides transportation options for people to reach places like recreation, hiking, or traveling. It's because of the efficiency of cars, which can transport people.  Hidro Rent Car And Tour Jogja is one of the companies in the field of car rental.  The purpose of this research is to find out the form of the misrepresentation and its conclusion in the car rental agreement at Hidro Rent Car. The type of research used is a combination of normative legal research and empirical legal research, so that the research data consists of primary data and secondary data. The conclusion of this investigation: (1) the form of discharge performed by the tenant is to damage the rental car and to be late in returning the rented car. (2) The discharges performed are that the tenants are obliged to replace the loss by paying compensation money, and the deposit money used to pay the car service fee, as well as paying the daily fee while the car is in the workshop until the car can be reused as it used.
Settlement of Defaults in Camera Rental Agreements at Jogja Lens Camera Shop Pradana, Hendrico; Heriyani, Endang
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 9, No 1 (2025): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Januari)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v9i1.8177

Abstract

The parties to the camera rental agreement should carry out the contents of the agreed agreement. In practice, the tenant does not carry out the contents of the agreement that has been agreed upon. Tenants who do not carry out the contents of the agreement are called defaulters. This study aims to determine the form of default and efforts to resolve defaults in camera rental agreements at Lensa Jogja. The type of research used in this research is normative empirical. The conclusion in this research is that the form of default that occurs in the camera rental agreement at Lensa Jogja, namely: the renter is late in returning the camera, returning the camera is not in accordance with the initial condition, losing the rented camera. The settlement of default in the camera rental agreement is to give a fine for the delay in returning the camera and compensation in the form of money or the same item for damage and loss of the rented camera.  
The Impact of Divorce on Child Custody (Decision Study Number 150/Pdt.G/2021/PA.Btl) Rahman, Abi Syauqi; Heriyani, Endang
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 8, No 4 (2024): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (November)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v8i4.7627

Abstract

The Compilation of Islamic Law regulates the effects of divorce on children in Article 105 letter (a), which reads: "The maintenance of children who are not yet mumayyiz (under 12 years of age) is the right of the mother. The judge in the decision number 150/Pdt.G/2021/PA.Btl determines the custody of a child who has not yet matured in the hands of his father. This study aims to determine the consideration of the judge in determining the custody of a child who is not yet mumayyiz given to his father.This research is a normative legal research. The research data used are secondary data. Data collection techniques using secondary data are carried out through document studies. For data completeness, interviews with resource persons were also conducted. The primary and secondary data obtained were then analyzed descriptively and qualitatively.  The conclusion in this study is that the judge's consideration in decision number 150/Pdt.G/2021/PA.Btl, which gave custody of the first child aged 5 years to his father, because the mother was harsh with her first child and the child had lived with his biological father, so psychologically had more closeness to his father. Thus, the judge did not follow the provisions of Article 105 letter (a) of the Compilation of Islamic Law, which determines that the maintenance of children who are not yet mumayyiz or not yet 12 years old is the right of the mother.      
Revocation of a Biological Father's Guardianship Rights Over His Child in the Context of Child Protection (Decision Study No. 329/Pdt.G/2020/PA.Bjb.) Heriyani, Endang
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 10, No 1 (2026): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Januari)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v10i1.9650

Abstract

Children are not yet able to fulfill their own needs. All of a child's needs must still be provided for by their parents, such as shelter, food, and clothing. In addition, children also need care, guidance, and education from their parents. A child's early education will determine their personality, mental state, and behavior in the future. In reality, many fathers as parents do not take care of their children, so it can be said that they have neglected their obligations. According to Article 49 paragraph (1) of Law Number 1 of 1974 concerning Marriage in conjunction with Article 109 of the Compilation of Islamic Law, the authority of one or both parents over their minor children can be revoked for a certain period of time if the parents seriously neglect their obligations towards their children or behave very badly. This study aims to determine the judge's considerations in revoking the biological father's guardianship rights over his child and appointing the grandfather as the child's guardian in decision number 329/Pdt.G/2020/PA.Bjb. The type of research used is normative legal research, which is research conducted by examining reference materials that constitute secondary data, also known as literature research. The data obtained in the literature research is secondary data, consisting of primary and secondary legal materials. The results of the research are analyzed prescriptively using the deductive method. The conclusions are: (1) The judge's consideration to revoke the biological father's guardianship rights over his child was because the biological father had neglected his obligations as a father and had abandoned his child when the child was 25 days old, and to date his whereabouts are unknown. The family has tried to locate the biological father but has been unsuccessful. (2) The judge's consideration in deciding that the plaintiff (grandfather) be appointed as the child's guardian is because the plaintiff has fulfilled the various requirements and conditions that must be met in the appointment of a guardian as stipulated in Article 4 paragraph (1) of Government Regulation Number 29 of 2019 concerning the Requirements and Procedures for Appointing a Guardian. The judge's decision to revoke the biological father's guardianship rights over his child and appoint the grandfather as the child's guardian can provide legal protection for the child, as the child is assured that his rights will be fulfilled.    
Liability Of The Lessee Who Pledges The Leased Object In A Lease Agreement At Transtour And Travel Jogja Sholihah, Ulinnuha Putri Yuwan; Heriyani, Endang
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 8, No 1 (2026): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v8i1.10233

Abstract

Disputes in car rental agreements arise when renters pawn rented vehicles to third parties without the owner's consent, resulting in a breach of contract. To analyze this issue, the study used a legal-empirical method with a qualitative descriptive approach through the collection of primary data from interviews and secondary data from legal literature and relevant legislation. The problem was solved by assessing the lessee's legal responsibility and reviewing the dispute resolution mechanism used. The results of the study show that the act of pawning a rental car constitutes a breach of contract because it violates the obligations of use and return of the rental object, thereby giving rise to the lessee's responsibility to return the vehicle, pay the outstanding rent, and compensate for the damage. In addition, dispute resolution is carried out through non-litigation means, namely deliberation, which results in a compensation agreement without going to court.
Co-Authors Al Ikhlas, Lister Fadilah, Fredi Ahmad Fahreza, Chandra Hasyarania, Hasyarania Haura, Nayzalika Dzikra Pradana, Hendrico Prihati Yuniarlin, Prihati Rahman, Abi Syauqi Rudy Hermawan Sholihah, Ulinnuha Putri Yuwan Windarwoko, Muhammad Gibran