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Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66295

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.

Provisions of Legal Aid as a Form of Protection for Child Victims of Rape Zainurohmah, Zainurohmah; Febriansyah, Andhika; Andini, Marcelia Puspa; Saputro, Muhammad Eko; Mukhoyyaroh, Vina Durrotul; Rohman, Bintang Nur
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67669

Indonesia as a state of law guarantees the human rights of its citizens, one of which is the right to equal treatment before the law. Legal aid is one of the state's efforts to fulfill this right for the poor. This research aims to examine the provision of legal aid in Indonesia, which departs from the case study of child rape that occurred in Banyumas. This research uses normative juridical method with statutory approach and conceptual approach. The results of this study show that the state has accommodated the need for legal aid as regulated in Law Number 16 of 2011 concerning Legal Aid. However, those who need legal aid are not only poor people but also children who are victims of rape. The provision of legal aid to child victims of rape is a form of state responsibility in providing legal protection to children so that the rights that children should get as stated in the Child Protection Law can actually be realized, not limited to being stated in the law.

Juridical Review of the Problem of Extending Use Rights for Buildings Indicated to Be Abandoned (Case Study at PT Semen Gombong) Andini, Marcelia Puspa; Suhadi, Suhadi
Annual Review of Legal Studies Vol. 1 No. S1 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i4.10138

There is HGB land indicated as abandoned whose rights will expire in 2027. However, the community asked the Kebumen Regency Kantah and the Central Java BPN Regional Office not to extend the HGB land in the future. Until the author conducted research, the HGB land was still included in the land database indicated as abandoned. The problems studied in this research are: (1) What causes HGB land to be indicated as abandoned? (2) What is the action of the Central Java BPN Regional Office regarding HGB land that is indicated to be abandoned? and (3) Can HGBs that are indicated to be abandoned be extended? This research uses a qualitative approach method with an empirical juridical research type. The results of this research show that HGB land which is still included in the land database is indicated as abandoned because the land is not used according to its intended use and cannot be extended. The Central Java BPN Regional Office has carried out control over the HGB land but it has not been optimal due to obstacles related to the limited budget for controlling abandoned land. Then based on the research results related to HGB land and to optimize the stages of controlling abandoned land, the author proposes that HGB holders be able to carry out their obligations, namely utilizing and using the land according to the designation for granting rights, then it is proposed to increase cooperation between rights holders and related stakeholders in the granting process. the right to make decisions on HGB extensions and the need for an additional budget for the implementation of controlling abandoned land carried out by the Central Java BPN Regional Office.

Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31375

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.

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