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All Journal Hukum Islam QARDHUL HASAN: MEDIA PENGABDIAN KEPADA MASYARAKAT TERAJU : Jurnal Syariah dan Hukum Ulumuna Rechtenstudent Journal Jurnal Hukum Indonesia MAHAKIM: Journal of Islamic Family Law JEBD FENOMENA: Journal of Social Science Constitution Journal Indonesian Journal of Islamic Law (IJIL) Khidmah Nusantara
Badrut Tamam
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Indonesian Journal of Islamic Law (IJIL)

 1 
Implikasi Yuridis Keputusan Mahkamah Konstitusi No. 69/PUUXIII/2015 Tentang Perjanjian Perkawinan Terhadap Harta Bersama Bagi Pernikahan Campuran Tamam, Badrut
Indonesian Journal of Islamic Law Vol. 4 No. 2 (2021): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijil.v4i2.334

Abstract

ABSTRACT Mixed marriages that occur in Indonesia, the perpetrators often do not pay attention to and know the steps of the rules before making a mixed marriage, especially those concerning the joint assets acquired throughout the marriage. someone who does mixed marriages cannot freely buy land rights in Indonesia because his spouse is a foreign national. This is due to the limitation of land ownership rights stipulated in Indonesian land law article 1 jo Article 21 of Law Number 5 Year 1960 which is based on nationality, in fact it has a socialization that is by conducting an Agreement on marriage, but lack of knowledge of mixed marriages so that it is still many do not enter into marriage agreements. In October 2016 the Constitutional Court gave decision No. 69 / PUU / XIII / 2015 made a shift in the meaning and norms related to the marriage agreement which impacted the joint assets for this study entitled "Juridical Implications of Constitutional Court Decree No.69 / PUU / XIII / 2015 Concerning Marriage Agreements on Joint Property for Mixed Marriage "The method used is normative literature with an interesting type of legal principle to get a comprehensive picture of the problems under study and analyze existing literature to obtain information as an academic text as a consideration for making rules regarding problems that arise. Referring to the decision of the Constitutional Court, the marriage agreement is no longer carried out before marriage but can also be done during the marriage, so it is interesting to examine how the background relates to the decision and how the joint property in mixed marriages follows the decision of the Constitutional Court. Key Work : Mixed Marriages, Marriage Agreement, Shared Assets.
Protecting the Vulnerable: Child Custody Adjudication in Domestic Violence Cases in Banyuwangi Religious Court Putri Maja Mulia Anisa; Tamam, Badrut; Alrawasdeh , Ziyad
Indonesian Journal of Islamic Law Vol. 7 No. 2 (2024): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ek3d7b04

Abstract

Domestic Violence (KDRT), which also often causes child custody disputes between two parents, is one of the many factors in divorce. Judges must consider the value of justice for each party when they decide a case. Building clear standards in assessing justice and dealing with social problems in the legal realm is difficult, especially when problems continue to arise in society, especially regarding child custody after divorce due to domestic violence. The method used in this research is empirical legal research, using legislative, conceptual, and legal psychology approaches. The results of this research are that the judge uses legal interpretation and legal principles based on Law Number 23 of 2002 article 2 letter b concerning Child Protection where"  the appropriate hadhanah must be based on the child's interests and by with the case being handled. If the father is at fault here then the judge must also refer to the provisions of KHI Article 105 where the custody of a child who has not yet mumayyiz will fall into the hands of the mother by using the civil law principle of proof (burden of proof), judges sometimes face external obstacles in the form of community participation in providing testimony regarding facts in the field, but if the facts and If the required evidence exists and all the interests of the child have been considered, the determination will be easier without any legal constraints or obstacles.
Co-Authors Abdul Majid Khan, Hassan Ahmad Junaidi Ainun Nisa, Derin Fernanda Akbar, Raihan Aulia Ali Wafa, Mohammad Alrawasdeh , Ziyad Aminullah Elhady Annurrohman, Shodiq Azzah Faiqoh, Amalia Azzahra Putri Fadjar, Hana Devi Krisnawati, Devi Dominikus Rato Farah Rofiqoh A Fathiyaturrahmah FATIMATUZZAHRO Firda Infitahul Mawarddah Firjatullah, Muh Fawwaz Haivih, Yusbitul Haniful Khair, Muhammad Ifadatullailiyah Ikrom, Moh Bagas Fadhli Dzil Lailatul Fitria Lukman Hakim Maharani, Alifia Meka Dina Ramadhani Mochammad Sholeh Moh Luqman Muhammad Aldin Hamdani Muhammad Faisol Musfikil Wildan Nawawi Nawawi Nawawi Nawawi Nazidah, Hosin Nur Hafidhotul Ilma Putri Maja Mulia Anisa Rahmawati, Alfi Ramadhani, Meka Dina Ririn Sofiana Risna Ismawati Robit Azizi, Mohammad Rofiqoh A, Farah Rohmad Agus Solihin Safrudin Edi Wibowo Siti Nurhasanah Sofiana, Ririn Syafril Wicaksono Syarifatul Amaliyah Tajuddin, Ahmad Tria Vanda Sari, Vanneza Ubaidillah Al Akhro Vais Vais Vais, Vais Waeno, Mahammadaree Wicaksono, Syafril