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Sri Suwarni
Fakultas Hukum Universitas Janabadra

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KAJIAN YURIDIS TENTANG PELAKSANAAN ITSBAT NIKAH MENURUT HUKUM POSITIF INDONESIA DI KABUPATEN BANTUL Sri Suwarni; Sri Hendarto Kunto Hermawan
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

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Abstract

The purpose of this study was to find out the reasons for the petition (itsbat) of marriage and the constraints faced in the implementation of itsbat marriage in Bantul regency. This research is done by research method in the form of library research and also conducted field research. In library research, this research used document study to get secondary data,furthermore,field research was done to obtain primary data within qualitative approach that was by conducting interview. Data, which was obtained from the results of literature research and field research,were analyzed qualitatively. The data were further elaborated with descriptive method of analysis, i.e. in discussing the problem was by identifying, analyzing and interpreting data that has been obtained to be taken a conclusion.The result of this research is that the most important reason for the itsbat of marriage in the Religious Court of Bantul Regency is because married couples who have been married but have not or do not have authentic evidence of marriage events that have been done in the form of Marriage Certificate or Marriage Letter. The marriage petition filed is in conformity with the provisions of Article 7 paragraph (2) of the Compilation of Islamic Law which stipulates that in the case of marriage cannot be proven by the Marriage Deed, it can be filed itsbat marriage to the Religious Court. And the petition of marriage that has been granted by the Panel of Judges handling the petition of marriage in the Religious Court of Bantul is also in accordance with the provisions of Article 7 paragraph (3) letter d and letter e, namely the existence of marriage that occurred before the enactment of Law Number 1 Year 1974, and marriages committed by those who do not have marital obstacles according to Law No. 1 of 1974. And the obstacles faced in the implementation of itsbat marriage in Bantul Regency is, most closely related to the proof of the witness who must be presented in the trial, most of those who witnessed marriage had died. Other constraints, especially rural communities, because of the cost factor they have to pay to apply, although actually for the application for people who can afford this is not a problem, while others are still many people who do not understand the existence of assistance for the discharge of the cost of the case who are indigent.Keywords: Implementation, Itsbat Marriage, Positive Law.
PELAKSANAAN PENGANGKATAN ANAK DALAM PERPEKTIF PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 54 TAHUN 2007 DI KABUPATEN BANTUL Sri Suwarni
Kajian Hukum Vol 2, No 1 (2017): Mei
Publisher : Universitas Janabadra

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Abstract

The purpose of this study is to investigate the implementation of the Indonesian Government Regulation No. 54 Year 2007 in Bantul, and also to find out the problems that occur in the practice of adoption in Bantul.This research was conducted by library research and field research. In the literature research to use the means of documents study for secondary data, while the field research was conducted to obtain primary data with qualitative approach with interviews. Data obtained from the literature research and field research analyzed qualitatively. The data is further described by the descriptive method of analysis, that in discussing the problems done by identifying, analyzing and interpreting the data that has been acquired to be concluded.Based on the survey results revealed that the Indonesian Government Regulation No. 54 Year 2007 on the Implementation of Child Adoption basically been implemented in practice the implementation of child adoption either through Decision of District Court and Religious Courts In Bantul District, in fact not all applications for adoption for Muslim proposed through the Religious Courts, but some also proposed through the District Court. The Determination of Adoption in the Religious Court, firstly, based on the Indonesian Government Regulation No. 54 Year 2007 on the Implementation of Child Adoption, secondly, is also based on Presidential Decree No. 1 Year 1991 About the Compilation of Islamic Law.Problems that occur in the practice of adoption in Bantul district which are the practice of adoption which is done by custom only and not applied for court determination that can cause problems, especially a civil matter after his adoptive parents died. Another example is the practice of deviating adoption from the existing provisions; especially adoptions are taken directly from the biological parents of the child since birth, then the birth of the child is registered in the name of his adoptive parents to obtain a birth certificate of the child. Keywords: Adoption, child, and the Indonesian Government Regulation No. 54 Year 2007.
KAJIAN TENTANG PEMBAGIAN HARTA BERSAMA SEBAGAI AKIBAT TERJADINYA PERCERAIAN DI KABUPATEN BANTUL (Studi Kasus Putusan Pengadilan Agama Bantul Perkara Nomor : 0834/Pdt.G/2014/PA.Btl) Sri Suwarni
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

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Abstract

The purpose of this study was to determine the legal basis of Judge in Bantul Religious Court consideration in providing case verdict division of joint property in Case No. 0834 / Pdt.G / 2014 / PA . Btl and also to investigate the implementation of the division of joint property as a result of divorce that have been in implemented in the Bantul Religious Court.This research was conducted by the method of research is also carried out literature research and field research. In the research literature studies document the means used to obtain secondary data, while the field research conducted to obtain primary data with qualitative approach with interviews. Data obtained from the research literature and field research analyzed qualitatively. The data is further described by the descriptive method of analysis, that in discussing the problems done by identifying, analyzing and interpreting the data that has been acquired to be concluded.Based on the results known that; Judge basic consideration in deciding the case division of the joint property polygamous marriages in Case No. 0834 / Pdt.G / 2014 / PA.Btl explicitly or implicitly in accordance with the legislation in force, namely the provisions of Article 35 of Law No. 1 of 1974 jo. Article 1 letter (f) Compilation of Islamic Law, the provisions of Article 94 Compilation of Islamic Law and the Decree of the Chairman of the Supreme Court of the Republic of Indonesia Number KMA / 032 / SK / IV / 2006, and the implementation of the division of joint property in Case No. 0834 / Pdt.G / 2014 / PA.Btl ultimately realized by deliberation / kinship between the parties and approved divided in accordance with a court decision, the joint property in a marriage that has not been divided by 3 and then divided equally, because the marriage the Plaintiff and Defendant I was polygamous marriages so that the Plaintiff 1/3 parts, Defendant I and Defendant II 2/3 and the realization of the division of joint property is evidently well received by the parties, so that between the parties feel that justice, and stay in touch in silahturami or good relations between them.