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All Journal KERTHA WICAKSANA Law Journal
Kristiani, Rheza Dwi
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Law, Crime, Criminology & Criminal Justice

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Analisis Prosedur Pelaksanaan Itsbat Nikah Terhadap Perkawinan Sirri Berdasarkan Putusan Nomor : 473/PDT.P/2022/PA.LLG di Pengadilan Agama Lubuklinggau Kelas 1 B Samosir, Agustinus; Kristiani, Rheza Dwi; Fitriyani, Fitriyani
KERTHA WICAKSANA Vol. 18 No. 2 (2024)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.18.2.2024.46-51

Abstract

The procedure for implementing itsbat nikah provides legal protection because they obtain legal certainty from their marriage bond, so that all their rights can be recognized and protected. The purpose of this study is to find out and analyze the procedures for carrying out itsbat nikah, judges' considerations in deciding itsbat nikah cases and the factors that cause the applicant to apply for itsbat nikah based on decision number: 473/pdt.p/2022/PA.LLG. This type of research in legal research includes normative-empirical research. The approach used in this study is a legal approach in the form of legal norms, namely Law of the Republic of Indonesia Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law. The data collection techniques used are primary data and secondary data. The results of the study show that the procedure for implementing itsbat nikah is in accordance with the Book II Guidelines for the Implementation of Duties and Work Procedures of the Religious Courts. Consideration of the panel of judges in granting the itsbat of marriage to a siri marriage if it is in accordance with the pillars and conditions of Islamic marriage as well as the legal basis considerations, examines the case, its benefits, and puts forward syar'i arguments in its deliberations. The factor that became the reason for the applicant submitting hisbat marriage based on the decision number: 473/pdt.p/2022/PA.LLG was to complete the Umrah registration requirement investigators focus on Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage.
PENJATUHAN SANKSI PIDANA BAGI ANAK PELAKU TINDAK PIDANA PERBARENGAN (CONCURSUS), (STUDI KASUS PUTUSAN NOMOR : 445/PID. SUS/2011/PN.KAG). Anggraini, Devi; Muthahir, Ardi; Kristiani, Rheza Dwi
Law Journal (LAJOUR) Vol 2 No 1 (2021): Law Journal (LAJOUR) April 2021
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/law.v2i1.9

Abstract

Abstract Concursus is criminal burden.This contradicts the concept of child protection which is currently an interesting issue in Indonesia. On the one hand, burdensome crime means giving special suffering to the perpetrator of a criminal act and on the other hand protection of children provides something that educates naughty children, not giving suffering to children. Talking about criminal acts, of course, cannot be separated from criminal sanctions. Criminal action correlates with criminal sanctions inherent in criminal acts. The problem of determining criminal sanctions is always related to views on the purpose of punishment. This study discusses the legal considerations of judges in imposing criminal sanctions for children of concurrent criminal offenders in the case verdict number: 445 / Pid. Sus / 2011 / PN.KAG and the suitability of the imposition of criminal sanctions in the case of decision number: 445 / Pid. Sus / 2011 / PN.KAG with the aim of punishment. This research was conducted with a focus related to the problems in this study. This research was conducted by studying the data obtained from the results of the literature review, namely the decision number: 445 / Pid. Sus / 2011 / PN.KAG, books, and legislation related to the problems in this thesis. This research is a normative legal research. In this study it can be argued that a child commits a crime due to environmental influences, both internal and external. Prison punishment is not the main effort to convict children. Prison sentences are not effective in improving children's behavior or preventing naughty children from doing their actions again.
Co-Authors Devi Anggraini Fitriyani Fitriyani Muthahir, Ardi Samosir, Agustinus