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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Albana, Rifki Hasan
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBAGIAN HARTA BERSAMA DENGAN SUAMI YANG TIDAK MEMBERIKAN NAFKAH Firdaus, Seilla Nur Amalia; Sar'an, Mohamad; Zuhri, Nur Alam Ullumuddin; Albana, Rifki Hasan
JURNAL HAKAM Vol 8, No 2 (2024)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v8i2.8961

Abstract

The result of the breakdown of marriage is often a dispute over joint property. Article 97 KHI regulates the division of joint property with each party half a share. However, the reality in the field is not always the case, as in Decision Number 1349/Pdt.G/2023/PA.Bm the judge decided to divide it not equally, namely 40% for the husband and 60% for the former wife. The size of the ex-wife's share is because the ex-husband does not carry out his obligations as head of the family, namely providing maintenance. The difference in the percentage of the division of joint property makes the author interested in researching the decision. This research is a type of normative research with library research. Primary data sources are obtained from decision number 1349/Pdt.G/2023/PA.Bm and secondary data comes from books, journals, and so on. Data collection techniques using literature study with descriptive data analysis. The results of the study state that Decision Number 1349/Pdt.G/2023/PA.Bm according to the author is not in accordance with the theory of distributive justice initiated by Aristotle because the Defendant (ex-wife) who has a double burden as a housewife and works to earn a living does not get her rights as she should.Keywords :  joint property, family maintenance, distributive justice
Analisis Undang-Undang PKDRT Dalam Relasi Hukum Keluarga Kontemporer Tahir Mahmood Sar'an, Mohamad; Hidayatulloh, Yusuf; Albana, Rifki Hasan; Athaillah, Muhammad Farhan; Fauzi, Muhammad Rezky
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 1 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i1.42821

Abstract

This research aims to analyze the law on the elimination of domestic violence (PKDRT) in Tahir Mahmood's contemporary family law relations. Related to the methodology used in this research is normative juridical using qualitative data types of library research and content analysis using a descriptive analysis approach method. The results of the study show that victims of criminal acts of domestic violence are not unwilling to report the crimes of the perpetrators, but there are external forces that prevent them from reporting, one of which is the moral burden on the family and the patriarchal culture is still quite thick. Then law enforcement officials need to provide penalties that provide a deterrent effect to perpetrators of domestic violence in the process of implementing regulations so that the same mistakes are not repeated because if it ends in a peaceful way and is resolved in a family manner, there will be no significant results in providing security to victims because it is not justified regarding the implementation of Law number 23 of 2004 concerning PKDRT. Tahir Mahmood's methodology is one of the steps to reform the PKDRT law because it is in accordance with the situation of maslahat conditions and is relevant to the Indonesian state.
Co-Authors Athaillah, Muhammad Farhan Fauzi, Muhammad Rezky Firdaus, Seilla Nur Amalia Hidayatulloh, Yusuf Sar'an, Mohamad Zuhri, Nur Alam Ullumuddin