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Muriani
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Journal : Amicus Curiae

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PENOLAKAN PERMOHONAN PEMBATALAN PERKAWINAN KARENA SUAMI PENGIDAP HIV (ANALISIS PUTUSAN PENGADILAN AGAMA KOTA PARIAMAN NOMOR 610/PDTF.G/2019/PA.PRM): Refusal Of Application For Marriage Cancellation Due To Husband With Hiv (Analysis Of Decision Of Religious Court Of Kota Pariaman Number 610/Pdtf.G/2019/Pa.Prm) Sahar, Mochamad Syafiq; Muriani
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19803

Abstract

Marriage can be done legally if it is done according to the provisions of the applicable law. If in a marriage there are things that do not comply with the provisions of Law No. 1 of 1974 concerning marriage and the Compilation of Islamic Law for those who are Muslim, then the marriage can be annulled. The main issues are 1) Can HIV be used as an excuse to cancel a marriage according to Law No. 1 of 1974 and the Compilation of Islamic Law? 2) Is the reason for rejecting the application for annulment of marriage in the decision Number 610/PdtF.G/2019/PA.Prm in accordance with Law No. 1 of 1974 and the compilation of Islamic law? The research method used is the normative juridical type, which is descriptive in nature. The data used is secondary data. The conclusion is drawn using deductive logic. The conclusions are 1) HIV/AIDS can be used as an excuse for annulling a marriage due to an oversight and misunderstanding of one of the partners so that the agreement becomes flawed and 2) the reason the judge refuses to annul a marriage is not in accordance with Law No. 1 of 1974, because HIV/AIDS AIDS is a contagious and very dangerous disease so that the goal of forming a happy and eternal family is not achieved. the judge should grant the request for annulment of the marriage by giving consideration because HIV/AIDS is based on the contra legem principle and the fiqh principles of dar' al-mafa muqoddam which should be an additional consideration for the judge in making a decision.
ANALISIS YURIDIS MENGENAI KEDUDUKAN ANAK TERHADAP HARTA BERSAMA ORANGTUANYA YANG BERCERAI MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 (STUDI KASUS PUTUSAN NO.406/PDT/2018/PT.MKS): The Position Of Children Concerning Property With Their Divorce Parents According To Marriage  Law (Case Study Ruling No.406/Pdt/2018/Pt.Mks) Nurliyarti, Nabila; Muriani
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/nekrcw45

Abstract

A marriage that takes place without a prior marriage agreement will give rise to joint property. Joint Property is property acquired by a husband and wife during the marriage, except for gifts or inheritance.In the event of a breakdown in marital relations, joint assets will be divided equally between husband and wife. The main issue is whether it is possible for children in a marriage to get property with their divorced parents according to the Marriage Law, as well as the factors the judge considers in giving a share of the joint property of divorced parents to children, whether it is in accordance with the regulations per Law. Invitation. To answer the main problem, the author conducted normative juridical research with descriptive research characteristics using secondary data which was processed qualitatively and then to draw conclusions using a deductive method. Based on research results and discussion analysis, it shows that the possibility of children receiving a share of joint assets from theirdivorced parents is not explicitly regulated in the marriage law. as well as the factors considered by the judge in determining whether children will receive a share of the joint assets of their divorced parents using elements of justice and to protect the welfare of children in marriage.
PEMBATALAN PERKAWINAN YANG MELEBIHI BATAS WAKTU MENURUT UNDANG – UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM(STUDI PUTUSAN NOMOR 790/PDT.G/2021/PA.MKD): Juridical Analysis Of The Annulment Of A Marriage That Exceeds The Time Limit According To Law Number 1 Of 1974 Concerning Marriage And The Compilation Of Islamic Law (Study Decision Number 790/Pdt.G/2021/PA.Mkd) Nabila Kamilia Luthfiyyah; Muriani
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24740

Abstract

Marriages can be annulled for a number of reasons, including failure to meet the necessary conditions or being carried out in an unqualified manner – a marriage condition, such as being done with an invalid marriage guardian. The identification problem in this study is whether marriages of spouses who have lived together as spouses that do not meet the conditions can be annulled and whether the reason for the judge to accept the application for annulment of marriage in judgment No. 790/pdt.G/2021/PA.Mkd in accordance with the Law No. 1 of 1974 on Marriage and Compilation of Islamic Law. The descriptive aspect of the Normative Law research technique is the nature of the research in this writing and using secondary data. Based on the results and conclusion of the analysis that a legally entered marriage can be annulled, the right to seek annulment will cease after six months if the husband and wife continue to live together as spouses after learning that the preconditions for marriage are not met. The judge's decision to annul a marriage in this case would be contrary to the provisions of Article 27 para. 3 of Act No. 1 of 1974 jo. Article 72 para. (3) KHI.
Co-Authors -Rizky Adytiya Pratama Andika Setya Amanullah Bhakti Arssywahid Diah Bayu Titisari Dinni Randayani Lubis Grace Christin Aditya Ronsumbre Hijriyati, Yoanita Mardiyasa Putra Yoga Muhamad Rusdi Nabila Kamilia Luthfiyyah Nafrali Cahya Putri Prakoso Nurliyarti, Nabila Rivaldo Pasca Corputty Rizky Adytiya Pratama Sahar, Mochamad Syafiq Saliman, Yuli Utami