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Jotika Research in Business Law
Published by Jotika English and Education Center
ISSN : -     EISSN : 28285441     DOI : https://doi.org/10.56445/jrbl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jotika Research in Business Law diterbitkan oleh Jotika English and Education Center Tangerang, Indonesia dengan e-ISSN 2828-5441, merupakan jurnal yang menerbitkan hasil-hasil penelitian di bidang bisnis dan hukum. Jurnal ini terbit dua kali setahun pada bulan Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2024): Januari" : 5 Documents clear
KEWAJIBAN PEMENUHAN HAK-HAK ANAK PASCA-PERCERAIAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI PENGADILAN AGAMA PEKANBARU Muhammad Azani; Hasan Basri; Siti Halimah
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.125

Abstract

The rights and obligations of the husband and wife after the divorce are contained in Article 41 of the Marriage Law, but currently many ex-husbands forget the obligation to provide for children after the divorce so that many ex-wives demand this obligation. Therefore, the authors formulate the problem as follows: 1) How is the implementation of the fulfillment of children's rights after the divorce of their parents based on Law No. 1 of 1974 concerning Marriage in the Pekanbaru Religious Court?, 2) What are the obstacles in granting and fulfilling rights -children's rights after divorce?, 3) What about post-divorce, the child's rights are not fulfilled by his biological father? The aims of this study are as follows: 1) To find out the implementation of the fulfillment of children's rights after divorce based on Law Number 1 of 1974 concerning Marriage, 2) To find out the factors that become obstacles in the implementation of the granting of children's rights after divorce, 3) To find out the legal remedies that can be taken for children's rights that are not fulfilled by their biological father. In addition, there are several factors that hinder the implementation of post-divorce child rights, including economic factors, independence of ex-wife, relationship between ex-husband and ex-wife who post-divorce is not good, the ex-husband has remarried, and the complicated and high cost of the application for the execution of post-divorce child maintenance rights is neglected by the ex-husband. The legal effort taken to fight for the right to support children post-divorce granted by the Religious Courts is through execution, but during 2020 to 2023 no one has ever registered an application at the Pekanbaru City Religious Court Office.
TANGGUNG-GUGAT CAMAT ATAS PENERBITAN SURAT KETERANGAN GANTI RUGI (SKGR) SEBAGAI DASAR PENGALIHAN KEPEMILIKAN TANAH Devie Rachmat Ali Hasan Rifaie
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.126

Abstract

One of the roles of the sub-district head is to issue a Certificate of Land Compensation (CLC) for every community who conducts buying and selling transactions on the agreed plot of land. However, a problem arose over the actions taken by the sub-district head, because there was no statutory regulation that confirmed the sub-district's authority in issuing the CLC. This study uses normative legal research because it is to see the form of void norms and legal uncertainty related to the authority of the sub-district head. The results of the research obtained that there is indeed a form of legal uncertainty over the government's actions taken by the sub-district head in issuing the CLC so that the camat always interprets the form of customary law that has been happening so far. Even the camat does not have legal protection if there is a substantive or procedural error in an CLC. In conclusion, it is necessary to issue complete and concrete laws and regulations regarding the actions of the sub-district heads so far that have issued CLC for the purposes of land administration affairs for the wider community.
PERLINDUNGAN TERHADAP HAK ANAK UNTUK MENIKMATI MASA KECIL DALAM KELUARGA MUSLIM M. Fadly Daeng Yusuf; Akbarizan
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.127

Abstract

Protection of Children's Rights from an Islamic sociological perspective, enjoying their childhood in a Muslim family. That child protection is a mandate for parents and conversely, abandoning children is considered an unjust act, both in terms of Islamic law and Law no. 23 of 2002 concerning Child Protection. This paper describes how parents in Muslim families provide educational rights and religious guidance to children in their family. The sociological approach is used as an approach in understanding religion, the importance of the sociological approach in understanding religion is because there are many religious teachings related to social problems, one of the main ones being how to protect children in their childhood, that the majority of Muslim families carry out the protection of educational rights and religious guidance well, while there are 30% is not good and the remaining 20% is not good. There is no reason why children should be blamed, even though children are said to be naughty, as parents and adults see what the child's environment is, children actually need parental guidance. This problem has been taught in Islam because Rasulullah Saw brought Islam as rahmatan lil alamin as was conveyed and practiced by Rasulullah Saw who was patient and loved small children.
PENERAPAN DALIL MUTTAFAQ DALAM PENEMUAN HUKUM ISLAM PADA HUKUM POSITIF DI INDONESIA Miftahul Haq; Mawardi M. Saleh; Zulfahmi Bustami
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.128

Abstract

The application of Positive Law in Indonesia, especially in the practice of Religious Courts, can legal discoveries still be carried out therein. The object of this research is related to the discovery of Islamic law in realizing justice based on the belief in the Almighty God, so the author uses a qualitative normative juridical research approach. The results of the research look at positive law in Indonesia, such as Law Number 7 of 1989 as most recently amended by Law Number 50 of 2009 concerning Religious Courts, and Law Number 48 of 2009 concerning Judicial Power, confirming that: Justice is carried out "FOR JUSTICE BASED ON BELIEF IN THE ALMIGHTY GOD, which can be interpreted as a judge must have the courage to interpret, create, shape and find the law as a solution to make justice based on the Almighty Godhead a reality, fair for justice seekers, especially for religious court judges in their decisions starting by saying Bismillah Hirokhman Hirokhim which is followed by the sentence "For the sake of justice based on belief in the Almighty God; Judges at Religious Courts are not only fixated on the regulatory texts contained in positive legal rules (laws), but judges at Religious Courts must also carry out legal discovery (rechtvinding), by way of Religious Court judges using methods of interpreting laws. laws such as interpretation according to language, historical interpretation, systematic interpretation, teleological/sociological interpretation, authentic interpretation, extensive interpretation, restrictive interpretation, analogous interpretation, argumentus a contrario interpretation, taking into account the rules in forming the discovery of Islamic law or Islamic fiqh which is based on the Al-Qur'an, Sunah Rasulullah, Al-Hadith, Ijma', Qiyas, Istishlal, ihtisan, and al-urfu and as a source in the method of discovering Islamic law, the first is the Istinbath method and the second The ijtihad method is inseparable from the process of determining texts (texts) both from the Al-Quran and from the Sunnah, where in determining these texts of course one must also pay attention to the application of the muttafaq propositions in them or the agreed source of Islamic law (Muttafaq), which comes from Al Qur'an, Al Hadith, Ijma', Qiyas.
KEDUDUKAN ANAK PASCA-PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 Robert Libra; Jumni Nelli
Jotika Research in Business Law Vol. 3 No. 1 (2024): Januari
Publisher : Jotika English and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56445/jrbl.v3i1.129

Abstract

The Constitutional Court has made a revolutionary decision in MK decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage which states that, children born outside of marriage not only have a civil relationship with their mother and their mother's family, but also have a civil relationship. with his biological father which can be proven based on science and technology. This decision became controversial among the public, especially Islamic legal figures, because the Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the status of illegitimate children resulted in major changes regarding the position of children in marriage law. This Constitutional Court's decision is the basis for the Banten High Court's consideration, that based on the Constitutional Court's decision 46/PUU/2010 as explained by the Plaintiff/Appellant's expert witness Arist Merdeka Sirait that children born out of wedlock have a civil relationship with their mother and their mother's family as well as with their father. those who can be proven based on science and technology or other evidence which according to law have a basic relationship including a civil relationship with their mother; Case Number 109/PDT/2022/PT BTN between Rezky Adhitya Dradjamoko and Wenny Ariani Kusumawardani in deciding the status of Rezky Adhitya's child, Naera Kamita.

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