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Umar Haris Sanjaya, Umar Haris
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Status and Rights of Illegitimate Children Al Insyirah, Jihan Aisyah; Sanjaya, Umar Haris
Notaire Vol. 8 No. 1 (2025): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v8i1.64475

Abstract

In Indonesia, there are differences in the inherent status and alimentation rights between legitimate and illegitimate children. Illegitimate children only have the civil relationship with their mothers amd to ensure illegitimate children have a legal relationship with their biological father, a legal action is required as stated in the Constitutional Court Decision Number 46/PUU-VIII/2010, through DNA tests or other scientific methods. Concurrently, there is a case where a man recognized as the biological father of a child, without reference to DNA test or other scientific methods. This research aims to find about the status of illegitimate children in Indonesia and determine the impacts of their status on their entitlement to rights of alimony. This writing uses a normative juridical legal research method that is guided by legal rules or norms. The approach methods used are case approach and statutory approach. The source of this legal research material uses primary legal materials, secondary legal materials and tertiary legal materials. Data collection uses a qualitative data analysis method. namely by describing legal issues found through literature research using relevant regulations. The results of this study are to examine the status and alimentation rights that arise based on DNA test and other scientific evidence.
Responsibilty Of the Wife as Breadwinner in Indonesia Law (Case Study of The Wife in Imbanagara Village Ciamis Regency) Raihan, Muhammad Aulia; Sanjaya, Umar Haris; Amiludin, Amiludin; Albab, Ulil
Jurnal Dinamika UMT Vol 8, No 2 (2023)
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/dinamika.v8i2.10251

Abstract

Law Number 1 of 1974 about marriage explains in Article 31 paragraph (1) that the rights and position of the wife are balanced with the rights and position of the husband in domestic life and the association of living together in society. Furthermore, article 34, paragraph (1) states that the husband is obliged to protect his wife and provide everything necessary for married life in accordance with his capability. In practice, it is found that the wife should be responsible for making a living for her family, this is not in accordance with the ideal marriage law that should be between husband and wife equally responsible for earning a living for their family. The problem in this study is the wife's responsibility as a breadwinner and the regulations of the wife as the breadwinner in Indonesian law. This type of research, in this case, is empirical juridical legal research. Empirical juridical research in other words, is a type of sociological research and can be called research in the field, which examines legal provisions and what occurs in people's lives. The location of this research is Imbanagara Village, Ciamis Regency. The source of this research data is in the form of primary legal material, secondary and tertiary, namely, laws and regulations, journals, and dictionaries as support. The rights and position of husband and wife are balanced; husband and wife are obliged to be responsible in their household, and the wife can be the breadwinner because of her equal rights and position in Islamic law the wife is not obliged to work, the husband is obliged to earn a living.Keywords: Responsibility, Breadwinner, Wife, Husband
Implementasi Yayasan Sebagai Badan Hukum Sosial pada Perlindungan Hukum Para Janda (Studi Kasus Yayasan Persaudaraan Janda-janda Indonesia Armalah di Yogyakarta) Sanjaya, Umar Haris
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 50 No 2 (2016)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v50i2.242

Abstract

Penelitian ini memfokuskan pada proses implementasi yayasan sebagai badan hukum sosial berdasarkan Undang-Undang No. 28 Tahun 2004 yang bertujuan untuk mencari tahu peran yayasan secara empirik dan normatif dalam melakukan perlindungan hukum kepada para janda sebagai anggota. Sebagai badan hukum yayasan sudah seharusnya melakukan segala kegiatannya hanya untuk bertujuan kegiatan sosial, kemanusiaan dan keagamaan. Dalam penelitian ini penulis berfokus kepada peran yayasan Armalah yang memberikan perlindungan hukum kepada anggotanya yaitu ibu-ibu janda.
SPECIAL REASONS FOR JUDGES IN GRANTING MARRIAGE DISPENSATION ON THE BASIS OF NON-URGENT REASONS (Case Study of Indonesian Religious Court Stipulations) Kusumawardhani, Rosalia; Sanjaya, Umar Haris
JOURNAL EQUITABLE Vol 10 No 3 (2025)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v10i3.9463

Abstract

The amendment to Article 7 of Law No. 16/2019 on Marriage, particularly Article 7 section (2), does not provide a specification of urgent reasons for applying to the Court for dispensation to marry. This condition gives Judges the flexibility to grant dispensation to marry on non-urgent grounds, as well as providing leeway for parents in their main role of preventing child marriage. The main problem to be discussed is related to the reasons for Judges to grant marriage dispensation on the basis of non-urgent reasons. The research method is normative law, which produces descriptive data in the form of written information. The data analyzed is secondary data, with a Legislation approach from PERMA Number 5 of 2019 and case studies from the 2023 determination of the Religious Courts in Indonesia. The results showed that the urgent reason is only in two situations, namely: the prospective wife is pregnant outside of marriage and has had relations as husband and wife between the two, but in fact the Judge in adjudicating marriage dispensation does not necessarily apply urgent reasons, but there are special reasons for the Judge which are used as the basis for granting marriage dispensation on a non-urgent basis.
The Role of Mediation Agreement of Divorce Which Ended Amicably (Case at Yogyakarta Religious Court) Muhammad, Dodi; Sanjaya, Umar Haris
JUSTITIA JURNAL HUKUM Vol 6 No 2 (2022): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i2.17179

Abstract

Mediation is one form of alternative dispute resolution outside the Court. The purpose of mediation is to resolve disputes between the parties by involving a neutral and impartial third party. The process of implementing mediation is actually very simple, but in reality there are many things that hinder or complicate the success of mediation. It is proven from the number of unsuccessful mediations compared to successful mediations in court. The formulation of the problem proposed is: How is the consideration of the divorce mediation peace agreement at the Yogyakarta Religious Court and whether the divorce dispute mediation agreement is in accordance with Supreme Court Regulation (Perma) No. 1 of 2016. The purpose of this research is to find out how the consideration of the peace agreement on divorce mediation in the Yogyakarta Religious Court and to find out the divorce mediation agreement according to Perma No. 1/2016. 1 of 2016. This research includes Empirical Research. Research data were collected by means of interviews and literature study. The analysis was carried out by Sociological Jurisdiction. The results of the analysis at the Yogyakarta Religious Court in 2017 mediation succeeded in reaching an agreement that only 11 cases out of a total of 241 cases were mediated, in 2018 only 19 cases out of a total of 265 cases, in 2019 only 23 cases out of a total of 204 cases, and in 2020 only 16 cases out of a total of 191 cases. Consideration of peaceful mediation, namely the role of the mediator and the good faith of the parties in conducting mediation. 1 of 2016, such as the type of case requiring mediation, good faith in taking mediation, costs incurred in mediation, mediation venue, and mediator certification. This makes mediation successful/peaceful, peace is one of the goals in civil disputes. 
Co-Authors Al Insyirah, Jihan Aisyah Amiludin, Amiludin Kusuma Arum, Nimas Ayuni Kusumawardhani, Rosalia Muhammad, Dodi Putri, Tania Ariska Raihan, Muhammad Aulia Suprapton, Muhammad Yusuf Ulil Albab