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All Journal Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial LEGAL BRIEF Journal of Transcendental Law Journal of Global Pharma Technology Law and Justice

Rusdin Alauddin

Universitas Khairun Ternate

Author-ID : 5434053

Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

Published : 10 Documents Claim Missing Document

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Articles

Title

Juridic Review On Civil Decisions Which Was Not Executed Because Of Resistance In The Tobelo State Court" (Judiction Analysis Number 11/Pdt.G/2011/Pn.Tbl Donylisan F. Romkeny; Rusdin Alauddin; Faissal Malik
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

This study is to find out the legal actions taken in the execution of the Tobelo District Court and what are the causes of the non-execution of the object in case Number 11/Pdt.G/2011/PN.TBL which has permanent legal force (inkracht). This research is a normative legal research, namely research that focuses on examining the decision of the Tobelo District Court regarding claims for land ownership without rights and why the decisions of the Tobelo court judges who already have legal force are still hampered in the execution process. The source of data used in this study is secondary data, namely data obtained from library research and documents, which are the results of research and processing of others, which are already available in the form of books or documents that are usually provided in libraries, or privately owned. In legal research, secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research conducted, it can be concluded that this decision cannot be executed due to resistance to the object by third parties and the defendants / defendants. There were also executions that were hampered because when the execution confiscation was about to be placed on the object of the case, it turned out that the object of the case had changed hands to a third party due to the National Land Agency (BPN) continuing to process the transfer of names or the issuance of a new certificate on the object of the dispute. Upon the request for execution, a third party who also feels that they have the right to the object of the dispute then submits another rebuttal or resistance to the execution.

Juridic Review Concerning The Position Of Joint Assets After Post Divorce Analysis Of Civil Decision Number 343/Pdt.G/2020/Pa.Tte Irnayanti Tjan; Rusdin Alauddin; Faissal Malik
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

A marriage agreement is an agreement made before the marriage takes place and binds the two prospective brides who will be married, its contents regarding the issue of the distribution of assets between husband and wife which includes what belongs to the husband or wife and what is the responsibility of the husband and wife, or related to property. In the event of a divorce or death in one of the partners, usually a prenuptial agreement is made for legal purposes for each other's property, husband or wife. Making a prenuptial agreement is allowed as long as it does not conflict with law, religion and decency, moral values ??and customs. All legal actions related to joint property must have the consent of both parties, in this case husband and wife, if it is violated, the consequences of the act are one of the parties can file an objection. Based on the description above regarding the existence of joint property of husband and wife, there are many cases regarding this joint property, such as the case that was submitted to the Ternate Religious Court where between husband and wife who are going to divorce dispute their joint assets after the divorce decision has permanent legal force. Which aims to analyze how the mechanism for the distribution of joint property after divorce without a prenuptial agreement. and what are the legal consequences if one of the parties does not carry out the decision of the Religious Court judge regarding the distribution of joint property which already has permanent legal force. By using a normative juridical research method, which is a type of sociological legal research and can be referred to as field research, which examines the applicable legal provisions and what has occurred in people's lives. This study uses a statutory approach, a concept and case approach. Especially in this case regarding the analysis of the agreement in the Civil Code and the regulation of joint property and the strength of the judge's decision. From the results of the discussion, it was revealed that with respect to these objects, at trial the Defendant was also unable to show proof of ownership and year of acquisition, nor could the proposed witnesses explain the type, year of acquisition and status of the object, as well as during an on-site examination of the object. the intended object is not found, so that the object must be declared unproven and deserves to be declared unacceptable; Whereas based on the provisions of Article 37 of Law Number 1 of 1974 concerning Marriage jo. Article 97 Compilation of Islamic Law, because the marriage has been broken up due to divorce, then for the assets that are designated as joint property of the Plaintiff and Defendant, each Plaintiff and Defendant are entitled to one-half of the joint property. So that in the Court's Decision, the Judge granted the Plaintiff's claim in part and determined that the Plaintiff and Defendant were each entitled to (half) of the joint property

Analysis Of Independence Law Of Children Born From Rent Of Women In The Study Of Civil Law Kartini Pandjab; Rusdin Alauddin; Wahda Z Imam
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Ideally in marriage is the fulfillment of the objectives of the marriage itself, one of which is to obtain legal offspring. Children are the most beautiful gift from God Almighty which is highly coveted by all married couples. But in reality today, not all couples can form a family or give birth to children. This can be due to several things, such as a disease that causes a married couple to be unable to produce offspring. This of course can cause despair for married couples who want to have children. Many married couples are willing to do anything to have a child, not even a few of them adopt children. So with such circumstances, a husband and wife's desire arises to perform artificial insemination by borrowing another woman's womb, then after success they will get a baby or child from the artificial insemination. The surrogate mother program with the correct procedures and the uterus being used for economic needs is very unethical. Although this surrogate mother is quite promising in overcoming several cases of infertility, but because this process is still constrained by laws and regulations due to the absence of legal rules that clearly regulate the practice of surrogate mothers, this of course creates legal uncertainty so that the practice of surrogate mothers it is still questionable what its legal status is. The purpose of this study is to examine the Legal Status of Inheritance and Lineage of Surrogate Mothers in the Civil Law Perspective and to analyze the legal protection of children resulting from the practice of Surrogate Mothers in the Civil Law View. This type of research is included in the category of normative legal research, because in its analysis it uses library materials as a source of research data

Legal Analysis Of Siri Marriage Registration In The Family Card In The Directorate General Of Population And Civil Registration (Dukcapil) Husna; Wahda Z. Imam; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Some people still carry out the practice of marriages that are not officially registered before the Marriage Registrar (PPN) and the Office of Religious Affairs (KUA) which are known as “sirri” marriages and some call them religious marriages or underhanded marriages. However, at this time through the Directorate General of Occupation and Civil Registry (DUKCAPIL) it is possible to issue Family Cards (KK) for unregistered married couples with a special mark because of the spirit of providing legal protection to citizens. Based on the issues raised above, the issue related to the juridical implications of the issuance of Family Cards for unregistered married couples becomes interesting to study. Especially in the perspective of legal harmonization between the Marriage Law and the Minister of Home Affairs Regulation. The purpose of this study was to analyze the juridical implications of registering unregistered marriages in family cards (KK) in DUKCAPIL. This type of research falls into the category of normative legal research, because it examines and analyzes normatively regulations related to legal implications as a consequence of the issuance of KK.

Analysis of Women's Protection Law in Divorce Case Santi; Rusdin Alauddin; Nam Rumkel
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

The Supreme Court Regulation Number 3 of 2017 has not been implemented as a whole in divorce cases in the Religious Courts, women who file for divorce (divorce lawsuits) have not fully obtained their rights due to divorce, and divorces that occur in religious courts are mostly divorce lawsuits. The purpose of the study is to find out the extent to which judges apply Supreme Court Regulation Number 3 of 2017 in deciding cases, especially divorce cases against Verstek's decision, and the obstacles faced by judges in implementing Supreme Court regulations Number 3 of 2017. This study uses empirical normative research methods, while data collection techniques are carried out by interviewing, observing and reviewing literature, books and other information relevant to the study. The results of the study show that the Supreme Court Regulation Number 3 of 2017 is very important and very helpful for judges in making decisions but until now Judges are still having difficulty executing Verstek Divorce Decisions if in the decision there are ex-wife rights due to divorce, especially non-civil servants

Implementation of Religious Court Judge's Decisions in Children by Husband Post Divorce Abdul Rifai; Husen Alting; Baharuddin Hi; Rusdin Alauddin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

Children are a mandate in the hands of their parents and a clean heart is a very valuable gem. The presence of children in a family is a complement to the happiness of a marriage. Among the legal consequences of breaking up a marriage is the issue of children, because after the divorce of both parents, their rights will not be reduced to get all their needs. Formulation of the Problem What are the legal consequences for a father who does not carry out the judge's decision on the obligation to support children after divorce, How is the problem with submitting the decision of the Religious Court judge regarding the obligation to support the child after the divorce and What is the ideal concept of completing the execution of the decision of the Religious Court which is not carried out by the parents? (father) regarding his obligation to support children after divorce. The approach method used in this study is normative, with primary and secondary data approaches. The impact of the father's obligation not to carry out the court's decision Article 16 PP No. 53 of 2010. The obligation to give part of the salary to the ex. Decree of the Head of BKN No: K.26-30/V.99-6/99 Regarding the explanation of the obligation to give part of the salary to ex-wife and children. The problem of delivering the decision of the judge of the religious court regarding the obligation to support children in divorce includes the problem of the execution of the obligation to provide for the father for the maintenance of the child after the divorce. The petitioner for execution does not know what property the respondent owns. The father is unable to carry out the decision regarding the obligation to support the child on the grounds that he does not have property. The ideal concept of settlement includes Efforts in carrying out the execution of child support, guaranteeing husband's property, execution costs charged to the respondent.

Co-Authors Abdul Aziz DP Abdul Rifai Baharuddin Baharuddin Donylisan F. Romkeny Faisal, Faisal Faissal Malik Husen Alting Husna Ida Fitri Irawan Sangaji Irham Rosidi Irham Rosyidi Irnayanti Tjan Jamal Hi. Arsyad Kartini Pandjab Nam Rumkel Nam Rungkel Santi Wahda Z Imam Wahda Z. Imam Wahda Zainal Imam

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