Garuda - Garba Rujukan Digital

DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL Amelia Chandra Utami; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.

PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH Saarah Faadhilah; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Humans usually have the desire to have a life partner and offspring, one way to make this happen is through marriage. In carrying out a marriage, sometimes unwanted things occur, to overcome them, one can do this, namely by submitting an application for annulment of the marriage to the court. Therefore, this issue is raised to answer the main issues, 1) What are the legal consequences for the cancellation of marriages due to illegal marriage guardians according to the laws and regulations in Indonesia? 2) Does the content of the judge's legal considerations in the Decision of the Central Jakarta Religious Court Number 193/Pdt.G/2019/Pa.JP comply with the laws and regulations in Indonesia? So this research was conducted normatively. The nature of the analytical descriptive research. How to draw conclusions with deductive logic. With data management, namely qualitative. The results of this study with reference to Article 28 of Law no. 1 of 1974 concerning Marriage jo. Article 75 Compilation of Islamic Law.

PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.

PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA MENURUT HUKUM KELUARGA ISLAM DI INDONESIA : Marriage Cancellation Due To Forced Marriage According To Islamic Family Law In Indonesia Nur Afni Husen; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19642

The Tangerang Religious Court has decided to cancel marriage due to forced marriage with Number 2801/Pdt.G/2018/PA.Tng where the husband requests to cancel the marriage because the marriage was carried out by force. The 2 (two) main issues raised are whether forced marriages can be used as a reason for annulment of marriages based on Islamic family law in Indonesia and whether the decision of the Tangerang Religious Court is in accordance with Islamic family law in Indonesia or not. The research was conducted normatively with the nature of descriptive-analytical research and drawing conclusions using deductive logic methods. Forced marriage causes disputes in the household, so it can be a reason for filing an annulment of marriage. Tangerang Religious Court Decision No. 2801/Pdt.G.2018/PA.Tng states that the marriage annulment is granted so that, in this case, the marriage annulment has fulfilled the reasons according to the provisions of Article 71 letter (f) Compilation of Islamic Law which was caused by coercion. Thus, the decision is appropriate based on a review of Islamic family law in Indonesia.

ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Muhammad Hafidz Ashidiqi; Setyaningsih
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19817

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law. Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court. With the study of the decision no 916/Pdt.p/2022/PN.Sby. The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia. The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic. Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of

DITOLAKNYA GUGATAN PERCERAIAN KARENA TIDAK ADANYA SURAT IZIN PERCERAIAN PEGAWAI NEGERI SIPIL Amelia Chandra Utami; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13448

Article 1 of the 1974 Law regulates the sacredness of a marriage and a lifelong bond between the two. Article 38 of the UUP explains that marriages can be dissolved due to divorce and court decisions. But not all divorce requests were granted by the court. In the Sidoarjo District Court Decision 158/Pdt.G/2020/PN.Sda, The Judge rejected the dissolving of the marriage between the two doctors who had status as civil servants because there was no divorce permit from the superior which should be attached in the documents as proof. The main issues are: 1) Was the absence of a divorce permit from the superior is the reason for dissolving of the marriage, 2) What were the judge's considerations in rejecting the dissolving of the marriage between Dr. SpOG (K) and Dr. Yz.

PEMBATALAN PERKAWINAN AKIBAT WALI NIKAH TIDAK SAH Saarah Faadhilah; Setyaningsih Setyaningsih
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13603

Humans usually have the desire to have a life partner and offspring, one way to make this happen is through marriage. In carrying out a marriage, sometimes unwanted things occur, to overcome them, one can do this, namely by submitting an application for annulment of the marriage to the court. Therefore, this issue is raised to answer the main issues, 1) What are the legal consequences for the cancellation of marriages due to illegal marriage guardians according to the laws and regulations in Indonesia? 2) Does the content of the judge's legal considerations in the Decision of the Central Jakarta Religious Court Number 193/Pdt.G/2019/Pa.JP comply with the laws and regulations in Indonesia? So this research was conducted normatively. The nature of the analytical descriptive research. How to draw conclusions with deductive logic. With data management, namely qualitative. The results of this study with reference to Article 28 of Law no. 1 of 1974 concerning Marriage jo. Article 75 Compilation of Islamic Law.

PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14108

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.

Title

Found 8 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 8 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 8 Documents
Search