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Risky Risky; Isnina Isnina; Tengku Erwinsyahbana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

Fauziah Lubis; Nur Aisah; Rifqi Althaaf Masaid; M. Farhan Damanik; Siti Nurul Latifah +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

this journal is written to examine divorce cases which are complex social problems and often have psychological and economic impacts on families. In Indonesia, the Religious Court (PA) plays an important role in resolving divorce disputes. Over time (MA RI) has sought to improve the efficiency and transparency of judicial services through the implementation of a system that regulates the application of this electronic system in various cases, including divorce cases. This study is important to evaluate the extent to which the implementation of e-Court in resolving divorce cases in PA is in accordance with the PERMA, identify the obstacles faced, and provide recommendations for improving and optimizing the system. It is hoped that this study can contribute to improving services in the courts in handling divorce cases and supporting the realization of simple, fast, and low-cost access to justice.    

Philip Marchello Hasonangan Sinaga; Sri Hadiningrum; Ananda Viranda; Jessi Aprilia Silaban; Robintang Lumban Batu

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes factors that influence this understanding and perception, such as education level, family environment, media influence, personal experience, and involvement in daily customary life. Data collection techniques are carried out through observation, interviews, and documentation in order to gain a deeper understanding of the young generation of Toba Batak towards customary divorce law. The purpose of this study is to determine the extent of the understanding of the young generation towards the customary divorce process, the role of the family, and the factors that influence their views. This study discusses the perception and understanding of the young generation of Toba Batak towards customary divorce law amidst the influence of modernization. Through the understanding and perception of the young generation towards customary divorce law, this study attempts to provide an overview of the relevance of the young generation of Toba Batak towards customary divorce law. The results of the study show that although most still respect customs and the value of family deliberation, there are doubts about customary justice, especially regarding the position of women. The young generation tends to support the preservation of customs, but hopes for adjustments to be fairer and in accordance with the times. The results of the study are expected to be input for traditional leaders and the government in designing targeted cultural preservation policies.

Kevin Andreas Halomoan Tambunan; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Lusi Harianja; Novita Sarah Simanjuntak +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study is entitled "The Role of Parboru and Hula-Hula in the Settlement of Divorce Disputes in Batak Toba Customs". The main focus of this study is to analyze the role and position of Parboru (the woman's family) and Hula-Hula (the wife's family) in the divorce settlement process according to Batak Toba customs. This study also presents the dynamics of the interaction of the two elements in customary mediation, as well as how customary values ​​and norms are implemented to maintain the harmony and dignity of the extended family. The method used in this study is a qualitative method with a descriptive approach. Data obtained through interviews and library studies of relevant literature on Batak Toba customary law, Dalihan Na Tolu, and the role of Parboru and Hula-Hula in traditional ceremonies and the resolution of marital conflicts in Batak Toba customs. The results of the study indicate that Hula-Hula has a central position as a decision maker and mediator, while Parboru plays a role as a technical implementer, mediator, and balancer in the customary deliberation forum. The active involvement of both parties is very important to ensure that the divorce process runs according to customary norms and maintains the social harmony of the Batak Toba community. This study is expected to enrich the literature on Batak customary law and become a reference for students, the community, and customary leaders in understanding the importance of the role of kinship in resolving divorce.

Mochammad Rohman Antoni; Imam Suroso

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

Every country has legal regulations governing marriage in an effort to create a clear legal basis for its implementation. Regulations regarding marriage in Indonesia in general and as a whole are regulated by Law Number 1 of 1974 concerning Marriage. Overall, Law Number 1 of 1974 concerning Marriage covers aspects relating to the requirements, procedures and rights inherent in couples who have legally entered into a marriage. Article 57 of the Marriage Law regulates mixed marriages, which are defined as marriages between two people who are subject to different laws in Indonesia because of their different nationalities. Divorce can occur in marriages, including mixed marriages. Divorce in a mixed marriage means a divorce that occurs between a husband and wife, one of whom is an Indonesian citizen (WNI) and the other is a foreign citizen (WNA). The laws and regulations governing mixed divorce are Law Number 1 of 1974 concerning Marriage and Law Number 12 of 2006 concerning Citizenship. In this research, examples of mixed divorce cases between Indonesian citizens and foreign citizens will be taken by studying the Putusan PA DENPASAR Nomor 406/Pdt.G/2020/PA.Dps which was decided at the Denpasar Religious Court, Denpasar City, Bali Province.