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PERCERAIAN KARENA LI’AN DAN AKIBAT HUKUM DALAM PERSPEKTIF FIQIH ISLAM DAN KOMPILASI HUKUM ISLAM ZAISIKA KHAIRUNNISAK
PREMISE LAW JURNAL Vol 7 (2015): Volume VII Tahun 2015
Publisher : PREMISE LAW JURNAL

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Li’an is a specific statement used by a husband for accusing his wife of committing adultery so that he has the reason to reject the child who is delivered by her. that the procedure of divorce because of li’an, according to the Islamic Fiqh, was when a husband swore on oath four times, saying that he said the truth in his accusation. In his fifth oath, he said that he would be cursed by Allah if he told a lie. His wife also swore on oath four times, saying that she did not commit any adultery. In her fifth oath, she said that she would be cursed by Allah if her husband was right. Both of them then did li’an in front of the people who had the same faith. Article 127 of KHI points out that li’an will be valid when it is done before the Religious Court. The legal consequence of li’an in the Islamic Fiqh and in KHI has one similarity, that is, third and final divorce, while in the Islamic Fiqh it still has some other legal consequences. Legal protection for a woman who is done the li’an by her husband, according to the Islamic law, will get the right to have the whole dowry from him, and in KHI she has the right on the joint property and she restores her good name by swearing on oath for response. A mula’anah child has the same position as an illegitimate child in which he did not have any right to inherit from his father who has done the li’an to his mother. KHI points out that there is no prohibition for mula’anah child to receive a gift or a will from his father who has done a li’an to his mother. A mula’anah child has the right to get protection, based on Article 23 of Law No. 23/2002 and receives his rights as a child. Keywords: Li’an, Procedure of Li’an Divorce, Mula’anah Child

KAJIANYURIDIS TERHADAP BERALIHNYA KEWENANGAN PEMUNGUTAN PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN DARI PEMERINTAH PUSAT KEPADA PEMERINTAH DAERAH KABUPATEN SERDANG BEDAGAI ALBERT LODEWYK SENTOSA SIAHAAN
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
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By the imposition of Regional Regulation of Serdang Bedagai District No. 1/2012 on Tax on Rural and Urban Land and Building, the authority to collect it was transferred from the central government to Deli Serdang District Administration. The tariff in the Regional Regulation of Deli Serdang District No. 1/2012 on Tax on Land and Building had met the principle of justice vertically ands horizontally because it differentiates the imposition of tax on taxpayers based on NJOP (0.1% and 0.2%) and the same tax on the same NJOP. Legal remedy on delinquent taxes of PBB P2 before the transfer occurred was that Deli Serdang District Administration became the authority to bill the delinquent taxes of PBB P2 by using, if possible, Warrant according to Law No. 19/2000 as the amendment of Law No. 19/1997. Keywords: Transfer of Authority, Rural and Urban Tax on Land and Building

AKIBAT HUKUM PENERAPAN KLAUSULA EKSONERASI DALAM PERJANJIAN PENERBITAN KARTU KREDIT DI BNI 46 MEDAN ARIEF FREDY KURNIAWAN HAREFA
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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The use of credit cards is one form of a loan agreement between the consumer as the customer / debtor to the bank as creditor. Type of applied research is to use the research to the method of writing the normative approach (normative legal research). The results of the study and discussion of the issuance of the credit card agreement explains in BNI 46 Medan meet the principle of freedom of contract and does not meet the principle of balance. The agreement meets the principle of freedom of contract because the credit card issuance agreement is 'take it or leave it contract' so that the parties are free to accept or not accept the agreement offered. Then the conclusion publishing agreement kedit card does have the principle of freedom but does not have the balance principle of contract. Then doctrine for someone dependent on agreement whose contents are not read and do not understand the true doctrine of the subjection of the will of the public (de leer van de Algemene wilsonderwerping). As a result of the application of the law of the exoneration clause in the agreement that issued the credit card issuance BNI 46 field such agreement does not meet the principle of balance though the parties were bound by the agreement have the right and the reciprocal agreements in connection with the issuance of a credit card and based on this it can be said the issuance of the credit card agreement is null and void due to non-fulfillment of the third and fourth terms of the provisions of Article 1320 of the Civil Code which is an objective requirement of an agreement. Ways to resolve disputes as a result of the use of the exoneration clause in the agreement that the issuance of credit cards issued BNI 46 field by means of deliberation and consensus and if the path can not resolve the problem then carried through the completion of the local District Court. Keywords: Clause, exoneration, Publishing, Credit Card

STATUS ANAK YANG DILAHIRKAN DARI PERKAWINAN WANITA HAMIL KARENA ZINA MENURUT KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN FARIDA HANUM
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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The result of the research shows that the regulation on pregnant woman who gets married because of adultery, according to Law No. 1/1974, is not explicitly regulated, but it is implicitly regulated in Article 2, paragraph 1 which stated that a marriage is legitimate when it was done according to each the couple’s religion and belief. In Article 53 of the Compilation of the Islamic Law, it is stated that 1) a woman who is pregnant without marriage can be married off with the man who has impregnated her, 2) the marriage can be carried out without waiting for the birth of the baby, and 3) the marriage will not be done over again after the baby is born. The baby is considered legitimate, according to Law No. 1/1974. According to the Compilation of the Islamic Law, the child who is born from adultery is legitimate when the prospect husband is the child’s biological father. In Article 99, paragraph 1 of the Compilation of the Islamic Law and Article 42 of Law No. 1/1974, it is stated that a legitimate child is a child who is born from legitimate marriage, but he will be illegitimate when the husband of his mother is the man who has not impregnated his mother. The regulation on an illegitimate child is stipulated in Article 100 of the Compilation of the Islamic Law and Article 43 of Marriage Law No. 1/1974. The legal protection for a child who is born from adultery, according to Marriage Law No. 1/1974 and the Compilation of the Islamic law, is that the Recognition of the Child which can be done by his father after all requirements have been fulfilled, and the child is legally legitimate. Keywords: Marriage, Woman is Pregnant of Adultery, Status of a Child, Law No. 1/1974 on Marriage, Compilation of the Islamic Law

PRINSIP KEMANDIRIAN NOTARIS DALAM PEMBUATAN AKTA OTENTIK FRANSISKUS SINAGA
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
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A notary is expected to be honest, accurate, independent, impartial, and able to keep the clients interest in legal act of Article 16 (a) of UUJN. What it means by independence is that a notary in doing his notarial duty should be neutral and impartial. The independence of a Notary is reflected in the skill and supported by science, experience, sophisticated skill, and good moral integrity. A notary must know the scope of his authority, obey the prevailing regulations, and know what he can do and what he cannot do. The sanctions imposed on a notary are administration sanction, civil sanction, and criminal sanction, as it is stipulated in Article 84e and Article 85 of UUJN, while criminal sanction, stipulated in Article 63, paragraph 2 of the Penal Code, states that when there is a criminal act which can be criminalized according to specific crime, besides general crime, the specific crime is used. Kata Kunci : Independence of a Notary

KAJIANYURIDIS TERHADAP BERALIHNYA KEWENANGAN PEMUNGUTAN PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN DARI PEMERINTAH PUSAT KEPADA PEMERINTAH DAERAH KABUPATEN SERDANG BEDAGAI ALBERT LODEWYK SENTOSA SIAHAAN
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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By the imposition of Regional Regulation of Serdang Bedagai District No. 1/2012 on Tax on Rural and Urban Land and Building, the authority to collect it was transferred from the central government to Deli Serdang District Administration. The tariff in the Regional Regulation of Deli Serdang District No. 1/2012 on Tax on Land and Building had met the principle of justice vertically ands horizontally because it differentiates the imposition of tax on taxpayers based on NJOP (0.1% and 0.2%) and the same tax on the same NJOP. Legal remedy on delinquent taxes of PBB P2 before the transfer occurred was that Deli Serdang District Administration became the authority to bill the delinquent taxes of PBB P2 by using, if possible, Warrant according to Law No. 19/2000 as the amendment of Law No. 19/1997. Keywords: Transfer of Authority, Rural and Urban Tax on Land and Building

KAJIANYURIDIS TERHADAP BERALIHNYA KEWENANGAN PEMUNGUTAN PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN DARI PEMERINTAH PUSAT KEPADA PEMERINTAH DAERAH KABUPATEN SERDANG BEDAGAI ALBERT LODEWYK SENTOSA SIAHAAN
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (218.162 KB)

By the imposition of Regional Regulation of Serdang Bedagai District No. 1/2012 on Tax on Rural and Urban Land and Building, the authority to collect it was transferred from the central government to Deli Serdang District Administration. The tariff in the Regional Regulation of Deli Serdang District No. 1/2012 on Tax on Land and Building had met the principle of justice vertically ands horizontally because it differentiates the imposition of tax on taxpayers based on NJOP (0.1% and 0.2%) and the same tax on the same NJOP. Legal remedy on delinquent taxes of PBB P2 before the transfer occurred was that Deli Serdang District Administration became the authority to bill the delinquent taxes of PBB P2 by using, if possible, Warrant according to Law No. 19/2000 as the amendment of Law No. 19/1997. Keywords: Transfer of Authority, Rural and Urban Tax on Land and Building

PRINSIP KEMANDIRIAN NOTARIS DALAM PEMBUATAN AKTA OTENTIK FRANSISKUS SINAGA
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (190.938 KB)

A notary is expected to be honest, accurate, independent, impartial, and able to keep the clients interest in legal act of Article 16 (a) of UUJN. What it means by independence is that a notary in doing his notarial duty should be neutral and impartial. The independence of a Notary is reflected in the skill and supported by science, experience, sophisticated skill, and good moral integrity. A notary must know the scope of his authority, obey the prevailing regulations, and know what he can do and what he cannot do. The sanctions imposed on a notary are administration sanction, civil sanction, and criminal sanction, as it is stipulated in Article 84e and Article 85 of UUJN, while criminal sanction, stipulated in Article 63, paragraph 2 of the Penal Code, states that when there is a criminal act which can be criminalized according to specific crime, besides general crime, the specific crime is used. Kata Kunci : Independence of a Notary

PENGGUNAAN PENJAMINAN BUY BACK GUARANTIE OLEH DEVELOPER TERHADAP KREDIT PEMILIKAN RUMAH (STUDI KASUS DI BANK BUKOPIN CABANG MEDAN) MOCHAMMAD ERWIN RADITYO
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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Nowdays, with increased competition in terms of the housing business, the Bank has made developers with a buy-back agreement with guarantie. In guarantie buy back agreement between the Bank and the developer included a promise from the developer to buy back the collateral if the loan facility granted by the Bank to the debtor of bad loans occurred. Position and buy back guarantee guarantie role in buying and selling residential units with a mortgage facility is a developer will buy the land and buildings that have been sold in the case of negligent debtors, other than that the guarantor will help the bank to get a bank / control of land and buildings, the developer guarantees made will apply continuously and lasted until the debtor to the bank debt has been paid in full. Form of legal relationship of the parties in the fulfillment of the obligations guaranteed buy back guarantie is the relationship between the Bank and the debtor set forth in the credit agreement, while the banks of the agreement with the developer to buy back guarantie, then the developer with the debtor is a legal relationship arising through subrogation institutions. Regarding the realization of guaranteed buy back guarantie, bank / creditor has two (2) alternatives to complete and return rights, namely the Bank exercising its rights under the agreement made by the debtor, or exercising its rights under the agreement to buy back guarantie. Keywords: Buy Back Guarantee, Housing Credit

PROBLEMATIKA HUKUM ATAS PERNYATAAN PUTUS HUBUNGAN ANTARA ORANGTUA ANGKAT DAN ANAK ANGKAT M A L I S A M A L I S A
PREMISE LAW JURNAL Vol 8 (2015): Volume VIII Tahun 2015
Publisher : PREMISE LAW JURNAL

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One of the goals in marriage is to get offspring, but sometimes a marriage which has taken place for a long time still does not have offspring. Some people then adopt children that are regarded as their own children as the substitute for the biological ones. In the Western Civil Law, this way is called adoption which is called by the researcher as adopting a child. In order that adopting a child is properly registered, it must follow the legal process as it is stipulated in Chapter II of the Staatsblad No. 129/1917 on Adoption. In the Circulation Letter of the Supreme Court (SEMA) No. 6/1983 on Adoption, there is the amendment of the validity of adoption which states that not only by a Notary’s deed but also by the legal process in Court as the Ruling of the District Court. Therefore, a Notary plays an important role in legal protection for the inheritance rights for an adopted child of Chinese ethnic group as an Indonesian citizen. The breach of relationship between adoptive parents and their adopted child occurs when the child has already been an adult and does not comply with his adoptive parents’ counsels; for examples, he is a spendthrift, a gambler, and his behavior does not reflect what his adoptive parents have expected. The breach of relationship causes him to be unfaithful as the descendant and to inherit his adoptive parents’ wealth. Keywords: Breach of Relationship, Adoptive Parents, Adopted Child

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Contact Name
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Journal Mail Official
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Location
Kota medan,

Sumatera utara

INDONESIA