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All Journal PALAR (Pakuan Law review) Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Habibie, Dieva Ahmad
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Legal Position Of The Property Separation Agreement In Marriage Against The Confiscation Of The Husband's Property By The Court Habibie, Dieva Ahmad; Rhamdani, Dwi Aryanti
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.12072

Abstract

Abstract This study aims to examine the legal position of the property separation agreement in marriage, as stipulated in Article 29 of Law Number 1 of 1974 concerning Marriage, especially related to the confiscation of marital property by the court, as well as evaluate the extent to which legal protection can be provided for the property. The type of research used is normative juridical with descriptive-analytical nature, using a legal approach and a case approach. Data collection techniques are carried out through literature studies, then data management is analyzed qualitatively. The findings of the study show that the property separation agreement has significant legal force in separating the inherited property of each party, but in the implementation of confiscation by the court, inconsistencies are often found caused by differences in legal interpretation and judicial practice. Therefore, this study emphasizes the need for stricter and more consistent law enforcement to protect the ownership rights of inherited property that has been separated, so that there is no unlawful confiscation and innocent parties can obtain optimal legal protection. Keywords: Property Separation Agreement, Property Confiscation, Inherited Property, Legal Protection.
Dilema Hukum Dalam Pengangkatan Anak Oleh Pekerja Migran Indonesia Di Malaysia Habibie, Dieva Ahmad; Sadjeli, Siti Soraya; Gabriella, Theresia; Rasyed, Muhammad Al; Saarah, Arini; Ramadhani, Dwi Aryanti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.13900

Abstract

This study examines the differences in child adoption regulations between Indonesia and Malaysia, and their impact on the legal protection of children adopted by Indonesian migrant workers in Malaysia. Employing a socio-legal approach, this study analyzes the regulations in both countries as well as relevant literature on child protection and international migration. The findings reveal that discrepancies in regulations, particularly regarding adoption procedures and recognition of citizenship, result in legal uncertainties for adopted children. These children often face difficulties in obtaining birth certificates, legal identity, and access to basic rights such as education and health. This study highlights the importance of harmonizing regulations between the two countries and strengthening international cooperation to protect the rights of children adopted by migrant workers. The practical implications of this research include the need for more comprehensive policies to protect cross-border children and to raise public awareness of the importance of child protection.
Co-Authors Gabriella, Theresia Ramadhani, Dwi Aryanti Rasyed, Muhammad Al Rhamdani, Dwi Aryanti Saarah, Arini Sadjeli, Siti Soraya