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Ulya Shafa Firdausi; Dian Rosita; Arina Novitasari; Maslikan, Maslikan

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Marriage is a physical and spiritual bond between a man and a woman, aimed at forming a happy and lasting family. In marriage, property plays a crucial role and is legally classified as either joint property or personal property, as regulated in Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). However, property ownership often becomes a source of conflict, sometimes leading to divorce.The legal status of property after divorce depends on the applicable legal framework, whether Islamic law, customary law, or the Civil Code (KUHPerdata). To prevent disputes, couples may establish a prenuptial agreement to regulate property ownership and division. This study employs a normative juridical method by analyzing primary, secondary, and tertiary legal materials. The research aims to provide an understanding of the legal status of property in marriage and the importance of prenuptial agreements in avoiding conflicts and ensuring a harmonious household.

Ajis Supangat

jurnal Riset Rumpun Agama dan Filsafat 2024 Pusat Riset dan Inovasi Nasional

This study examines the position of Islamic inheritance law within Indonesia’s pluralistic national legal system, where Islamic inheritance law exists alongside customary inheritance law and Western civil inheritance law. The focus of the study is on the implementation of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) as positive law in the settlement of inheritance cases for Muslims within the jurisdiction of the Religious Courts. Using a literature and documentation-based research approach, this study presents findings that, although KHI has become a normative guideline, its implementation in the field still faces various challenges, such as the public’s limited understanding of Islamic inheritance law, the strong influence of customary law, and the lack of administrative documents. Furthermore, the ununified legal pluralism results in different inheritance practices across regions. The findings indicate that judges in the Religious Courts tend to apply the provisions of the KHI consistently particularly Articles 171–214 while still taking into account local cultural contexts to maintain family harmony. This article recommends the importance of Islamic inheritance law education, strengthening the harmonization among legal systems, and encouraging the unification of national inheritance law to achieve legal certainty and justice comprehensively.  

Maratul Husna; Elimartati Elimartati; Nofialdi Nofialdi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

Adinda Firsta Deni Maharani; Djanuardi Djanuardi; Sherly Machmud Imam Slamet

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Divorce represents the dissolution of the marital bond between husband and wife within a household. Divorce can only occur when there are strong reasons justifying the decision. One reason that can lead to divorce, according to the Marriage Law and the Compilation of Islamic Law (KHI), is due to one party's addiction to gambling. This is reflected in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam. This study aims to understand and analyze gambling as a reason for divorce, as well as the legal protection for the wife in a divorce caused by her husband's gambling addiction, based on the Marriage Law and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach with descriptive analytical specifications. The research methods used in this study include library research and field research through interviews. The data analysis method employed is qualitative juridical analysis. The research results indicate that, first, the lawsuit in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam is in accordance with the provisions of Article 19 letter a of the Government Regulation on the Implementation of the Marriage Law in conjunction with Article 116 letter a of the Compilation of Islamic Law (KHI). Second, as a preventive measure to protect the rights of the wife and children in a divorce caused by gambling addiction, the wife can include claims regarding custody and support for herself in the divorce petition. After the divorce decree is issued, the wife can also file a lawsuit regarding the division of marital property.

Sri Susanti Auna; Mutia Ch. Thalib; Dolot Alhasni Bakung

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out the legal rules regarding the parentage of stepchildren in the distribution of inheritance according to the Civil Code and the Compilation of Islamic Law and to find out the legal consequences of having stepchildren inherit from their stepparents in Kualalumpur Village, Kec. Paguyaman. This research uses the Normative/Empirical Juridical type of research. The results of this research found that the position of stepchildren in inheritance distribution according to the Civil Code and KHI is that stepchildren are not classified as heirs of their stepparents, stepchildren can only inherit from their biological parents even if they were brought to their biological parents' most recent marriage. Under Islamic law, stepchildren can inherit their stepparents' inheritance by means of a will. The Impact of Position Law on Stepchildren Inheriting From Their Stepparents in Kuala Lumpur Village, District. Paguyaman is: Stepchildren do not inherit from their stepparents, stepchildren become an obstacle which results in a reduction in their stepparent's share, stepchildren can only be given a compulsory will.  

Aisya Aisya; Helniyani Helniyani; Putri Wulandari; Dwi Noviani

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

There was a divorce that broke the relationship between a husband and a wife. But there are other attempts to unite the couple through one word called reference. This study aims to describe and analyze the different references and reference procedures between the KHI and some of the Mazhab views. The research carried out using library research with the collection of data obtained from the study of the library (library research). The data received is divided into two primary data and secondary data. Furthermore, the data analysis techniques in this research are qualitative with deductive-inductive reasoning. The results of the study show that there is a reference difference in the view of the mazhab and KHI which is the maintenance of marriage. According to Mahab Shafi'i, the reference is to restore the status of marriage law in the midst of 'iddah after the occurrence of talak Raj'i. According to the hambali reference was to return to the state of the wife after the happening of the talak raj'i and is still in the iddah without repeating the interruption. Meanwhile, according to Imam Malik the referral is the return of the wives who have been interrogated other than Ba'in, with without doing interruptions and in the time of iddah. The husband who commits a ruse is a man who is lawful, reasonable, self-righteous, and not a murderer. According to Mazhab Syafi'i, the reference must be expressed in a clear or concise manner. However, according to the scholars, including Mazhab Hanafi, referrals are usually performed orally and are usually also performed directly by spouses. When the husband and wife of the village office are required to request a letter of reference for reference to KUA by showing an act of divorce issued by the Religious Court then to the office of religious affairs with the purpose of informing the KUA to reference, conducting examination, paying the fees of the registrar of references then issued the testimony has made a reference published by KUA and revoking the marriage book

Ayu Nopitasari; Anjar Sri Ciptorukmi Nugraheni

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out and analyze the implementation of fulfilling the requirements for polygamy in order to obtain permission from the Surakarta Religious Court. Apart from that, it is also to find out and analyze forms of protection for wives' rights in cases of applications for polygamy permits. This research is empirical legal research with a qualitative approach. The types of data used are primary data and secondary data. The techniques used in collecting legal materials in this research were interviews and literature study. The data analysis technique used in this legal research is a qualitative data analysis technique with an interactive analysis model. Based on this research, the results obtained show that the implementation of polygamy requirements is in accordance with Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974 concerning Marriage, PP Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI). If the alternative and cumulative requirements are met, accompanied by perfect evidence, the panel of judges will grant the Petitioner's request for a polygamy permit. The form of protection of the wife's rights in the case of a polygamy permit application at the Surakarta Religious Court is that first, the polygamy permit application case is contentious by placing the wife as the respondent, so the wife has the right and opportunity to respond and submit answers, duplicates and conclusions in front of the court regarding the permit application. polygamy proposed by the husband. Second, there must be a request for determination of joint assets. Determining joint assets is very important to provide certainty about the status of joint assets and at the same time protect the wife's property rights so that they do not get mixed up. Third, namely the marriage agreement, between husband and wife, they can enter into a marriage agreement to guarantee the protection of joint assets. Apart from that, this marriage agreement is not limited to financial or property matters, but also accommodates other issues that are important to be a

Muhammadong Muhammadong

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this research is to find out a review of the compilation of Islamic law regarding interfaith marriages from a sharia perspective. The method used in this research is qualitative, with a comparative approach by conducting literature studies related to studies of theories relevant to the problem of interfaith marriages. In the view of Islamic law, marriage between different religions is strictly prohibited because it is contrary to the rules of Islamic law in maintaining the existence of religion. The goal of marriage is to create a sakinanh, mawaddah wa Rahmah household, but this goal is very difficult to realize if the marriage is built on the basis of different religions. Based on Marriage Law Number 1 of 1974 which is implemented in the compilation of Islamic law, it states that it does not accommodate interfaith marriages to strengthen the arguments put forward in the Koran.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Aditya Aprodicto Bestafirli; Joumil Aidil Saifuddin

Venus: Jurnal Publikasi Rumpun Ilmu Teknik 2024 Asosiasi Riset Ilmu Teknik Indonesia

PT KHI is a company operating in the food and beverage industry in Indonesia. In production activities there are many factors that can hinder performance productivity. Worker productivity is a value that cannot be seen directly except through a calculation process, so the worker productivity value is calculated from the company PT KHI. This research was carried out in the Production department using the Time and Motion Study method with a Lean Manufacturing approach, namely waste or extravagance to increase labor productivity in the Production department area. This time it was carried out directly by means of field observation. So that primary data is obtained. The results were obtained in the form of recommendations for improvement, namely: adjusting the total headcount in the line F area from previously 7 headcounts to 6 headcounts and moving several tasks from the carton sealer operator to each operator in the packing area of ​​line F, then classifying them into 3 headcounts for the packing section and 3 headcounts for the packing section. . It can be concluded from the results of this research that one type of waste is eliminated, namely adjusting the number of operators in the packing line F area so that before the improvements, labor productivity is 71.71% on line F and after labor productivity is 83.63%. By making improvements, cost savings of IDR 4,515,133 were obtained for 26 working days.