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Bachtiar, Moch. Yusuf
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Law, Crime, Criminology & Criminal Justice

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Urgensi Penetapan Hakim Atas Permohonan Itsbat Nikah Sebagai Solusi Memperoleh Hak Identitas Hukum Bachtiar, Moch. Yusuf; Daim, Nuryanto Ahmad
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.582

Abstract

Marriage without a marriage certificate will have many consequences related to the various rights of the wife and the right to provide for the children born from her mother's womb, both material and immaterial that must be received in marriage, as well as rights to property owned while in the marriage. Marital life itself, as well as matters relating to rights relating to third parties. Such a marriage situation will experience problems when dealing with marriage documents as authentic proof of marriage. In this context the breakthrough of itsbat marriage law which was never found in Law Number 1 of 1974 was appreciated by the Compilation of Islamic Law / KHI precisely in the provisions of article 7 paragraphs (1), (2), (3) and technically formulated by the procedural guidelines chapter in PA/Society, that the rules for legalizing marriage/itsbat marriage, are made based on marriages held based on religion or not being recorded by the authorized VAT. Responding to the legal needs of Muslims regarding ownership of a marriage book, namely for married couples who are married religiously but whose legal certainty is doubtful in the eyes of the law. The itsbat marriage referred to in this study is the legalization of marriages by the Religious Courts according to their respective jurisdictions. The determination of itsbat of marriage by the Surabaya religious court is very urgent for legal certainty of husband and wife marriages that have not been registered at the Office of Religious Affairs (KUA).
Prinsip Perlindungan Hukum Terhadap Korban Kekerasan Dalam Rumah Tangga Berdasarkan Undang -Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Bachtiar, Moch. Yusuf; Abadi, Suwarno
Law and Humanity Vol 2 No 3 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i3.662

Abstract

Domestic violence (DV) represents a significant legal issue in Indonesia. Indonesia has enacted legislation, namely Law Number 23 Year 2004 on the Elimination of Domestic Violence, with the objective of providing protection for victims of domestic violence. In recent times, there has been a shift towards a restorative justice and penal mediation-based approach to resolving domestic violence cases. This article will examine the legal protection of victims of domestic violence in accordance with the aforementioned legislation, as well as the settlement of domestic violence cases through penal mediation at Surabaya Police Station. This is legal research with statute and conceptual approach. The results revealed that the legal protection granted to victims of domestic violence through Law Number 23 Year 2004 on the Elimination of Domestic Violence encompasses three forms of protection are as follows: 1.) external protection, 2.) legal protection through repressive action and 3.) curative protection. Criminal acts of domestic violence are settled through penal mediation and restoratife justice at the Surabaya Police Station. Currently, two criminal offence settlements are based on the National Police Chief Regulation. It is recommended that penal mediation and restorative justice be regulated in the form of rules in the form of laws in the future.
Co-Authors Daim, Nuryanto Ahmad Suwarno Abadi