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Nuyun Nurillah
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Tinjauan Yuridis Perjanjian Pra Nikah Dalam Perspektif Hukum Islam dan Hukum Positif Indonesia Nuyun Nurillah
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 2 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.446 KB) | DOI: 10.5281/zenodo.7578873

Abstract

Marage between a man and a woman has physical and spiritual ramifications for the family and the possessions earned before and during the marriage. Before marrying, a prospective husband and wife may create a marriage agreement, also known as a pre-nuptial agreement. This research aims to 1) determine the terms of the pre-nuptial agreement under Islamic Law and Indonesian Positive Law, and 2) determine the legal repercussions of violating the prenuptial agreement under Islamic Law and Indonesian Positive Law. This normative study takes a legislative, conceptual, and comparative approach. The data collection methodology employed in this study was library research, and the analysis method was a descriptive qualitative method. According to the findings of this study, the legal rules of pre-nuptial agreements are governed in the Civil Code Articles 139-154. Marriage agreements are regulated in Book I Chapter VIl of the Compilation of Islamic Law (KHI), commencing from articles 45-52. The marriage contract cannot be modified unless both parties agree. According to the Civil Code, a marriage agreement must be made with a notarial deed before the marriage. In Islamic, and positive law, it is said that if the marriage agreement is violated, the husband or wife who cannot tolerate the circumstances may petition for divorce or compensation.
Perjalanan Politik Hukum Pertanahan Dalam Memberikan Perlindungan Terhadap Kepemilikan Hak Atas Tanah Masyarakat Indonesia Baiq Riska Anggi Safitri; Kris Wardiansyah; Nuyun Nurillah
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 9 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.7951706

Abstract

Land provides a means of livelihood as it embodies the spirit of dignity, prosperity, sanctity, and even power. As a result, everyone strives hard to obtain and maintain land, both individually and as a society. Recognizing the importance of land ownership to every individual, the state mandates the leaders of the Republic of Indonesia based on Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia to regulate the utilization of natural resources, especially land, in order to improve the prosperity of all Indonesian people. This mandate is regulated in Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the basis and guiding principle for the politics of land and other natural resources. These requirements are eventually translated into Law Number 5 of 1960 concerning Basic Agrarian Regulations, commonly known as the Basic Agrarian Law, with a consistent and progressive spirit (UUPA). The purpose of this research is to understand the political and legal journey of land in Indonesia and to determine the legal certainty of land politics in providing protection for land ownership rights of Indonesian society. This research is a normative study with a legislative and conceptual approach. The data collection technique in this research is carried out through literature review (library research).
Co-Authors Baiq Riska Anggi Safitri Kris Wardiansyah