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Review of the Authority of the House of Representatives in Removing Constitutional Court Judges Carissa Patricia Hong; Luverne Pujian Quinn; Jelita Safitri Ananda; Omega Kharisma; Tundjung Herning Sitabuana
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i1.472

Abstract

The Constitutional Court of the Republic of Indonesia is a high state institution in the Indonesian constitutional system which is the holder of judicial authority together with the Supreme Court. In the dismissal of the Constitutional Court Judges it is very urgent to decide because it relates to the independence of the Constitutional Court Judges. The longer the case, the political pressure from the DPR as a fellow state high institution will result in the instability of the legal system in Indonesia. Moreover, at this time the DPR has confirmed that it will not annul the replacement of Constitutional Justice Aswanto, so it is important that the DPR's actions be immediately tried by the judicial authority, in casu the Constitutional Court. The formulation of the problem in this study is what is the authority of the DPR in removing Constitutional Court judges? This study uses normative research with descriptive research specifications. The province's request for an examination is very priority and also so that the Court suspends all actions aimed at replacing a serving Constitutional Justice in a manner or procedure outside of the provisions in Article 23 of the Constitutional Court Law, and it is also not justified to issue a stipulation that legalizes the action as the applicant requested in the petitum provision. The petition of the applicant is based on strong reasons which are non-nobis solum sed omnibus (not for us alone, but for everyone), because the independence of the MK as guardian of constitutional rights is at stake.
Juridical Analysis of the Distribution of Joint Assets in Divorce According to Indonesian Positive Law Carissa Patricia Hong; Jelita Safitri Ananda; Muh. Abriel Givari Riser
IJRAEL: International Journal of Religion Education and Law Vol 2, No 2 (2023): August 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/ijrael.v2i2.663

Abstract

In a divorce, there is a process of dividing joint assets. Issues regarding joint assets often occur between ex-husbands and ex-wives. For Muslims, the provision for sharing joint assets is contained in article 97 of the Compilation of Islamic Law (KHI) that "widows or widowers who are divorced, each is entitled to half of the joint assets as long as the marriage agreement is not specified otherwise". Referring to this article, it means that a husband and wife who are divorced are entitled to half or half of the joint property as long as there is no marriage agreement. Meanwhile, for adherents of other religions it is regulated in the Criminal Code which is stated in Article 128 of the Civil Code. According to the Civil Code, division can be made based on the distribution of evidence submitted by plaintiffs and defendants. Basically, these two articles stipulate that in the event of a divorce, the property is divided 50:50. The division of joint assets can be filed together with a divorce suit and does not have to wait for a divorce decision from the court. The formulation of the problem in this study is a juridical analysis of the division of joint assets in divorce according to Indonesian positive law. This research uses normative research with descriptive research specifications and uses primary legal materials, secondary legal materials and tertiary legal materials which are arranged systematically, reviewed, and then concluded.