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ANALISIS YURIDIS PENYELESAIAN SENGKETA PEMBAGIAN HARTA BERSAMA/GONO-GINI UNTUK MEWUJUDKAN KEPASTIAN HUKUM (STUDI PENELITIAN PADA KANTOR PENGADILAN AGAMA BATAM) Rahman Wahid Rambe; Laily Washliati; Lia Fadjriani
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (180.941 KB) | DOI: 10.33559/eoj.v5i3.1212

Abstract

Basically every implementation of a divorce will certainly cause a legal consequence between every couple who ends their marital relationship, one of the legal consequences is regarding the joint property produced in their marriage. So this becomes a very important urgency if a marriage ends in a divorce. Cases related to divorce and disputes regarding the distribution of joint property for those who are Muslims occur throughout the Batam City area where the dispute is resolved in the Religious Courts that are adjusted to their authority. The research problem is, How is the Dispute Settlement of the Distribution of Joint Assets / Gono-gini in the Batam Religious Court. This study uses a descriptive method by using a normative approach (Legal Research) to obtain secondary data and an empirical approach (Sociological Juridical) to obtain primary data and through a field approach (Field Research). In Islamic law, joint property is also known as syirkah. Syirkah is a mixture, in this case, it is a mixture of assets obtained by husband and wife during the marriage. Assets that are united due to syirkah during marriage become joint property. In the event of a divorce, the syirkah assets are divided between husband and wife according to the consideration of the extent of their efforts in obtaining the property. Article 97 of the Compilation of Islamic Law states that divorced widows or widowers are each entitled to one-half of the joint property as long as it is not specified otherwise in the marriage agreement. In the decision number 1438/Pdt.G/2020/PA.Btm. The Panel of Judges has decided that the distribution deviates from the applicable provisions with a percentage for the husband . and wife for the joint property. The results of this study are that the basic considerations used by the Panel of Judges in making this decision have been thinking more forward on progressive legal values, so that in deciding this case the Panel of Judges has overridden the applicable provisions and according to the view of Islamic law that these considerations are in accordance with justice. in Islam, namely based on balance, equality and non-discrimination, granting rights to the entitled and the delegation of existence based on the level of eligibility.    Keywords: Settlement, Dispute, Sharing of Shared Assets, Gono-gini, Legal Certainty 
ANALISIS YURIDIS ATAS TINDAK PIDANA OLEH PEDOFILIA TERHADAP ANAK DI BAWAH UMUR UNTUK MEWUJUDKAN PERLINDUNGAN KONSTITUSIONAL ANAK Rinaldo Saleleubaja; Laily Washliati; Juhrin Pasaribu
Ensiklopedia of Journal Vol 5, No 3 (2022): Volume 5 No. 1 Edisi 3 Desember 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (101.717 KB) | DOI: 10.33559/eoj.v5i3.890

Abstract

Juridical analysis of criminal acts by pedophiles against minors to realize the constitutional protection of children there is a formulation of the problem which includes legal arrangements regarding criminal acts by pedophiles against minors to realize the constitutional protection of children and secondly concerning the implementation, obstacle factors and solutions to criminal acts by pedophiles against minors to realize the constitutional protection of children. The type of research used is normative and supported by empirical research as well as data collection techniques conducted through interviews with parties related to the research topic. In addition, the author also conducts library research through books and literature related to the research topic. Furthermore, the data obtained were analyzed qualitatively which was then presented descriptively. Based on the results of research and discussion in the implementation of criminal acts by pedophiles against minors to realize the constitutional protection of children, the results of this study are in the form of laws and regulations that are used to protect victims of pedophilia crimes based on the Criminal Code and Law Number 35 of 2014 concerning amendments to Law Number. 23 of 2002 concerning child protection.  The problems discussed in this thesis are the process of criminal acts by pedophiles against minors to realize the constitutional protection of children as well as discussing the obstacles and solutions faced by investigators in committing pedophilic crimes against minors.  This research shows that the main actors are adults and also the closest people. The obstacle in the criminal act of pedophilia is the lack of information from the victim, as for the solutions to overcome the problem of special attention from parents, the community, and law enforcement.    Keywords: Law Enforcement, Crime, Pedophilia 
ANALISIS YURIDIS AKIBAT HUKUM ATAS PERKAWINAN CAMPURAN BEDA NEGARA YANG TIDAK DIDAFTARKAN DI KANTOR CATATAN SIPIL NEGARA REPUBLIK INDONESIA (STUDI PENELITIAN DI KANTOR CATATAN SIPIL PEMERINTAH KOTA BATAM) Laily Washliati; Titik Aminah; Agus Triyana
Ensiklopedia of Journal Vol 5, No 2 (2023): Volume 5 No. 2 Edisi 1 Januari 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (96.849 KB) | DOI: 10.33559/eoj.v5i2.1459

Abstract

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage states that: A marriage which is carried out outside Indonesia with two Indonesian citizens or an Indonesian citizen with a foreign national is legal if it is carried out according to the laws in force in the country. the country where the marriage was held for Indonesian citizens. However, in reality many mixed marriage couples from different countries do not register their marriages with the Civil Registry Office. The purpose of writing this journal is to find out the legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, and to find out the legal consequences, obstacles and efforts to implement mixed marriages of different countries that are not registered with the Civil Registry Office. The results of the study indicate that legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, namely mixed marriages have an obligation to register them at the Civil Registry Office to become the strongest evidence in determining a person's legal position and maintaining the rights of husband and wife in a marriage. marital bond. This obligation is shown from the existence of criminal sanctions regulated in Article 61 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The legal consequences of implementing mixed marriages in different countries that are not registered with the Civil Registry Office are legal consequences for the parties to mixed marriages, and legal consequences for children born from mixed marriages. Factors constraining the implementation of mixed marriages in different countries that are not registered are the difficulty in managing the legality in the implementation of mixed marriages, and the low legal awareness of the community towards the requirements that must be met in the implementation of mixed marriages in different countries. And efforts that can be made to overcome these obstacles are the need for legal assistance for mixed marriage couples, and the need to increase legal socialization for mixed marriages.