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Idha Aprilyana Sembiring
Fakultas Hukum, Universitas Sumatera Utara
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Journal : USU LAW JOURNAL

 1 
TINJAUAN YURIDIS TERHADAP PERMOHONAN SITA MARITAL ATAS SENGKETA HARTA BERSAMA DILUAR GUGATAN PERCERAIAN MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NO. 2188/PDT.G/2012/PA JS) Azirah Azirah; Hasim Purba; Idha Aprilyana; Sutiarnoto Sutiarnoto
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Joint property is one of the factors that cause a friction and a conflict in a marriage. The conflict appears because one of the parties usesthe joint property extravagantly. Consequently, the injured party can file for “marital confiscation”. The research results show thatthe requestsof marital confiscation on the conflict of the joint property are divided into two that is;firstly, marital confiscation done because of divorce claim as stipulated in Article 24 paragraph (2) letter c of PP No. 9/1975, Article 78 letter c UU No.7/1989, Article 136 paragraph (2) letter b of KHI, and secondly out of divorce claim in Article 95 paragraph (1) of KHI and Article 186 of Civil Code. However, in the broader sense, the request covers some conflicts between a husband and a wife that is in a divorce case, distribution of joint property case, and actions that endanger the joint property. In the ruling of civil case No. 2188/Pdt.G/2012/PA JS, it is found out that the reason why the marital confiscation is filed by a wife as the Petitioner is that there is an allegation or a suspicion that her husband as the Respondenthas a backstreet relationship with another woman that in this case the Respondenthas been reasonably suspected to use the joint property extravagantly. In the Ruling, the Judge of South Jakarta Religious Court has refused all of the Petitioner’s requests for the marital confiscation because the evidence element is not fulfilled during the hearing process of the joint property case. Besides, the Penal of Judges considers that the application of the article used by the Petitioner is not appropriate. Therefore, people should be more careful to apply the article on the marital confiscation they fileso that the legal effort done is not useless.   Keywords: Marital Confiscation, Joint Property, Marriage
UPAYA HUKUM PENGESAHAN PERKAWINAN BAGI PERKAWINAN YANG TIDAK DICATATKAN DITINJAU DARI UU NO. 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM (KHI) Eko Gani PG; Hasballah Thaib; Hasim Purba; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Basically the marriage is the emotional and physical bond between a man and woman as husband and wife with the aim of forming a family (household) happy and everlasting based on the Supreme Godhead as stated in Act 1 of 1974 about the marriage Article 1 The marriage is the way advocated by Religion, Law and Culture in order to keep individualis away from bad things such as adultery, sexual deviation, and others. Marriage is lawful if done according to the religious law of each article 2 paragraph 1 of Act No. 1 Year 1974 and in paragraph 2 mentioning each marriage is registered according to the prevailing laws and regulations. However, in fact the marriage are also not registered, resulting in the loss of rights of the parties to the marriage. Based on the research results could be concluded that are several factors that affect the marriages  are unregistered, both economic factors where marriage took place. Furthermore, the unregistered marriage  also gives legal effect to the parties, according to Act No. 1 of 1974 article 2, paragraph 1, that marriages which are carried out according to their respective religious law are considered valid but according to Act No. 1 of 1974 article 2 paragraph 2 dose not fulfil the administration as determined by legislations. And the legal efforts that can be taken by the parties who did the unregistered marriage by way of proposing the marriage Itsbat and marriage   Keywords : Itbat, The Legal Efforts, Endorsement, The Unregistered Marriage.
PEMBAGIAN HARTA BERSAMA KARENA PERCERAIAN BAGI MASYARAKAT ADAT BATAK TOBA (Studi Kasus Terhadap Putusan-Putusan di Pengadilan Negeri Pematangsiantar Antara Tahun 2011-2016) Cristina Natalia Tarigan; Rosnidar Sembiring; Utary Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 2 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Marriage under Article 1 of Law No. 1 of 1974 concerning Marriage of the inner birth bond between a man and a woman as husband and wife in order to form a happy and eternal family or household based on the One Supreme Godhead. One of the causes of marriage breakup is due to divorce. Divorce is the breaking up of a legal marriage before a court Judge. The consequences of the breaking of marriage will cause various problems that is against the child, the status of husband and wife, and to marital property. Article 37 of Law No. 1 of 1974 concerning Marriage when marriage is terminated due to a divorce, joint property is regulated according to their respective laws (religious law, customary law and court rulings). Speaking of marriage, divorce, sharing of common property and death is inseparable from the religious rules and customary rules for indigenous Batak Toba people. The classification of the distribution of common property in Batak Toba community registered in Pematangsiantar District Court Year 2011-2016 there are two decisions. The formulation of the problem in the thesis research is how the division of joint property due to divorce under the Act No.1 of 1974 on Marriage and based on customary law of Batak Toba. How is the application of Law No.1 of 1974 about Marriage to Toba Batak custom law related with division of joint property because divorce. What is the legal judgment made by the Judge of the decisions on the distribution of joint property due to a divorce in the Pematangsiantar District Court. The type of research in preparing the thesis is an empirical or sociological juridical research method. The nature of the thesis research is descriptive analytical. The results of the study when using the Law No. 1 of 1974 on Marriage regulate in Article 37 stating that if marriage is terminated due to divorce, property is regulated according to their respective laws (religious law, customary law, court decision). The division of joint property is then valued in amounts to be divided in half to the parties, referring to Article 128 of the Civil Code. The establishment of Law No. 1 of 1974 on Marriage gives effect based on the application of Marriage Law which is based on husband and wife position in marriage with shared shared property. The basis of judges' consideration is based on Articles 35, 36 and 37 of Law No. 1 of 1974 concerning Marriage of joint property shall act in agreement of both parties. Suggested in the distribution of common property for indigenous Toba Batak people in case of prior dispute with non litigation or custom lane. If it can not resolve it customarily then it can pass through litigation lane in State Pengadlilan in order to obtain equal distribution.   Keywords: Marriage, Divorce, Division of Joint Property, Judge's Decision, Customary Law of Batak Toba.
ANALISIS YURIDIS PENYELESAIAN KREDIT BERMASALAH ATAS JAMINAN GADAI DALAM PRAKTEK DI PEGADAIAN STUDI PADA PT. PEGADAIAN PERSERO CABANG RANTAUPRAPAT Muhammad Rudini Harahap; Hasim Purba; Megarita Megarita; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 6, No 3 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT The results of the study indicate that problem loans in PT. Pegadaian (persero) Branch Rantauprapat in the last five years (2012-2016) the are fifty cases caused by the following factors, first because of the unstable price of oil palm commodity which is the main source of local revenue Labuhanbatu, secondly because the business owned by the customer suffered a loss, third because there is no good faith from customers to pay off debt, and the last causal factor of the customer abusing the credit provided. The sale of the object of the mortgage guarantee is by the parate eksekusi by the pawnshop, associated with the rules Otoritas Jasa Keuangan (OJK) number 31/POJK.05/2016 about the pawnshop effort under article 24 paragrafh (3) the sale of the pledge security object can be done in to ways : the customer sells his or her own guarantee object of authorizes the pawnshop to make a sale against the pledge object. Sale against the object of the morgage guarantee that can not cover the debt, then the customer is responsible for the remaining debt. If the customer can not pay off the remaining debt, the impact received by the customer in the next stage of the customer can not make a loan if a time requires funds because the customer’s identity has been on the black list. The black list can last two years or more. Keywords : Nonperforming Loan, Mortgage Guarantees
PERKAWINAN SEMARGA DALAM HUKUM ADAT MANDAILING (Studi di Desa Manegen Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan) Ardina Khoirunnisa; Rosnidar Sembiring; Idha Aprilyana; Yefrizawati Yefrizawati
USU LAW JOURNAL Vol 6, No 1 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Mandailing society using the system of kinship patrilineal people, who know and use the term clan groups. Clan name is in fact the forerunner of a group of relatives according to the lineage of the father. The implementation of customs and customary law in public life carried out based on the structure and Mandailing systems customary law called Dalihan Na Tolu. Mandailing society has a marriage exogami, therefore semarga under the terms of the marriage customs of the Mandailing is prohibited. The prohibition of marriage semarga is already washed out in the community due to the influx of Mandailing influence of Islamic law. Formulation of the problem in this research is how the provisions of the customs of the Mandailing about marriage semarga, how the implementation of semarga marriage in the village in Mandailing Manegen society, and whether the legal consequences over the violation of the prohibition of Mandailing society semarga marriage in the village of Manegen.This research is empirical juridical legal research with descriptive research analytical nature. Research location in the village of Padangsidimpuan Sub-district Manegen Southeast Padangsidimpuan Town with a population of 1,120 persons and a sample of 20 people doing marriage semarga. The data used the data of primary and secondary legal materials that consist of primary, secondary, and tertiary. Data collection tools and techniques performed with the study of librarianship and study the field by doing the interview. The data analysis done with the method of qualitative analysis. Keywords: Custom Mandailing, Marriage Semarga, Mandailing Society, and Clans.
Itsbat Nikah Bagi Pasangan Suami Istri yang Menikah Sirri Setelah Berlakunya Kompilasi Hukum Islam (KHI) : Studi di PA Medan Tahun 2016 – 2018 Mesdi Tanjung; Hasballah Thaib; Utari Maharany Barus; Idha Aprilyana Sembiring
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. Marriage Confirmation is a process of confirming a husband and a wife who have done sirri (unregistered) marriage. Its purpose is to obtain marriage certificate for marriage legitimating according to Article 2, paragraphs 1 and 2 of Law No. 1/1974. Basically, its implementation is intended for certain thing as stipulated in paragraphs 1, 2, and 3 of KHI (Compilation of the Islamic Laws). The research problems were how about 1) the procedure of lodging confirmation of marriage for sirri marriage, 2) judge’s consideration in handing down a verdict on the doers of sirri marriage, and 3) the legal consequence of judge’s verdict on sirri marriage in the Religious Court, Medan. The result of the research shows that the procedure of marriage confirmation is filed to the Religious Court in five steps: registering it to the Religious Court in Medan, giving the court a cash advance for the cost of lawsuit, waiting for summon for the court session, attending the hearing, and court’s verdict. The judge’s consideration in handing down the verdict is 1) in the legal ground of lodging confirmation of marriage to the Medan Religious Court whether the applicants have legal ground as specified in Article 7, paragraph 4 of KHI, 2) evidence and legal fact, 3) testimony of witnesses and evidence in the court session, 4) reasons for lodging marriage confirmation, 5) its benefit, 6) since it is traditional in some communities, and 7) it is found in Article 7, paragraph 3, letter (e) of KHI: a marriage of those who have no marriage prohibition according to Law No. 1/1974. This Article is used by the judge in the Medan Religious   Court to accept the marriage confirmation.               The legal consequence of the court’s verdict in accepting marriage confirmation for sirri marriage is 1) viewed from legality, viewed from the aspect of lodging the request for marriage confirmation, and 3) viewed from the aspect of legal standing.   Keywords: marriage confirmation, judge, religious court
Co-Authors Aditia, Rozy Kurniady Aflah Aflah, Aflah Aflah, Aflah Afnila Afnila Agusmidah Agusmidah Aktif Apriantoro Siregar Aminuyati Ardina Khoirunnisa Aulia Hakim, Zean Via Azirah Azirah Azwar, Tengku Keizerina Devi Carin Felina Cristina Natalia Tarigan Darnedy Kurnia Santi Dedi Harianto Devi, Tengku Keizerina Edy Ikhsan Efendi Rangkuti, Khairunnisya Efriyanti Simanjuntak Eko Gani PG Elsa Najla Eviliani Rizky Siregar Faizun Kim Azhar FARIDZ AFDILLAH Fattaqun Fattaqun Hady Hidayat Tambunan Hanna Pricilia Tarigan Hasballah Thaib Hasballah Thaib Hasballah Thaib, Hasballah Hasim Purba HASIM PURBA Indana Zulfah Jamil, Rafiqoh Putriana Kaban, Maria Karina Lukman Hakim Lubis, Atqiya Annazfi Lubis, Riska Oktaviani Lubis, Tri Murti M. Yamin - MAHMUL SIREGAR Maria Kaban Maria Kaban Maria Kaban Maria Maria Marianne Magda Ketaren Marissa Gabriela Hutabarat Megarita Megarita Mesdi Tanjung Muhammad Rudini Harahap Muhammad Yamin Lubis, Muhammad Yamin Mulhadi Mulhadi, Mulhadi Mulia Mulia Munthe, Arfansyah Nabila Marsiadetama Ginting Natasha Karina Sianturi Penyelesaian Sengketa Putri Ramadhona Rambe Putri Rumondang Siagian Rasiyati, Rasiyati Razika Azmila Retno Amelia Rosdinar Sembiring Rosmalinda Rosnidar Rosnidar Rosnidar Rosnidar Rosnidar Sembiring Sarah Zettira Putri Sari Husmaijar Sastra, Putri Azzahra Febriani Shela Violetta Hutauruk Siallagan, Praja Yudha Balista Sinaga, Fierda Siregar, Sausan Raihanah Stanley Alvin Sutiarnoto Sutiarnoto Swandhana Pradipta Syafruddin Kalo T. Keizerina Devi T. Keizerina Devi Azwar T.Keizerina Devi A Tan Kamello Thaib, Zamakhsyari Bin Hasballah Tony Tony Tony Tony Tony Utari Maharany Barus Utary Maharani Barus Utary Maharani Barus, Utary Maharani Utary Maharany Barus Wau, Hilbertus Sumplisius M. Yati Sharfina D Yefrizawati Yefrizawati Yefrizawati - Yefrizwati Yulia Resa Simorangkir Zaidar Zaidar ZULFAH, INDANA Zulfichairi, Zulfichairi Zulfichairi, Zulfichairi