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All Journal Islam Futura Jurnal Media Hukum Jurnal Hukum Novelty Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum Islam
HAZAR KUSMAYANTI
PADJADJARAN UNIVERSITY
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM HAZAR KUSMAYANTI; Lisa Krisnayanti
Islam Futura Vol 19, No 1 (2019): Jurnal Ilmiah Islam Futura
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jiif.v19i1.3506

Abstract

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.
Breach of Notarial Deed for Peace under Indonesian Civil Law Perspective Hazar Kusmayanti; Yola Maulin; Eidy Sandra
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190121

Abstract

The peace agreement resulted from an out of court mediation process can be made in the form of either an authentic deed or underhand deed. This paper discusses the application of the principle of ‘ne bis in idem’ in lawsuit relating to the breach of the notarial deed for peace and the legal strength of notarial deed for peace based on the Civil Code and the Civil Procedure (HIR). Data in the form of primary and secondary legal materials were collected through both library research and field work. It is found that with regards to Article 1917 of the Civil Code and Article 130 paragraph (2) the Civil Procedure (HIR), the principle of ‘ne bis in idem’ is not contained in a lawsuit against the breach of notarial deed for peace. It is also found that the legal strength of the notarial deed for peace is the same as the authentic deed as outlined in Article 1870 of the Civil Code and Article 165 of the Civil Procedure (HIR).
Deed of Settlement as A Dispute Object based on HIR and Supreme Court Regulation No. 1/2016 Hazar Kusmayanti; Lucky Dharmawan
Jurnal Hukum Novelty Vol 11, No 2 (2020)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v11i2.a16092

Abstract

Introduction to The Problem: It is uncommon for a case that has been decided by a judge and has the legal force to be retained and then brought back to Court by one party for a lawsuit. This kind of case contradicts the principles and applicable law, such as the case that the researcher found in Case No. 22/Pdt.G/2016/PN. Sal.Purpose/Objective Study: This paper intends to discuss the legal problem of the re-submission of the deed of settlement as the object of a breach.Design/Methodology/Approach: This research is doctrinal legal research. The data are secondary data which analyzed qualitatively. Following the approach method used, the study is conducted on norms and principles contained in secondary data, from the primary, secondary, and tertiary legal materialsFindings: The results of the study show that, first, deed of settlement cannot be an object of default because it has been inkracht. Secondly, Salatiga court judges did not consider the principle of ne bis in idem under Article 10 (1) The Judicial Power Act. The president of judges shall be able to carry out the role or power under Article 119 of the HIR, which is to provide advice to those who wish to file a lawsuit.Paper Type: Research Article.
The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010 Hazar Kusmayanti; Dede Kania; Ramalinggam Rajamanickam; Mohammad Hamidi Masykur
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1228

Abstract

The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.
Marriage Dispensation Post The Decision Of The Constitutional Court No. 22/PUU-XV/2017 Dede; Siti Nur Fatoni; Hazar Kusmayanti; Mochammad Rizky Afriansyah
Jurnal Hukum Islam Vol 19 No 1 (2021)
Publisher : Faculty of Sharia, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v19i1.3491

Abstract

Underage marriage in Indonesia especially in West Java has increased significantly, reported from the underage marriage research in 2016 West Java has the second highest rate of 15-18 years old teenage marriages with the percentage of 50.2%. Around the year of 2016-2019, The Religious Courts of Indramayu received 1,235 cases of marriage dispensation that it was recorded as The Religious High Court to handle the highest number of marriage dispensation cases in West Java. The purpose of this research is to discover the aspects that affects the high number of marriage dispensation cases, roles of the panel of judges tightening the marriage dispensation procedures, and the effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to the Resolution of Marriage Dispensation in The Religious Court of Indramayu in 2016-2019. This research uses the Normative Juridical method. Results of this research first, aspects that affects the high number of marriage dispensation that is as a result of promiscuity, the lack of basic religious education, internet, cultural, and economical influence, low education grade. Secondly, the role of The Religious Court of Indramayu’s Panel of Judges tightening the marriage dispensation procedures focused on the reasons, so that the validity of the background be known and to keep checking the legality of the income and pregnancy certificate. Thirdly, effects of The Decision of The Constitutional Court No. 22/PUU-XV/2017 to marriage dispensations in The Religious Court of Indramayu in 2016-2019 that the effect is not optimal. Therefore, it is concluded that The Decision of The Constitutional Court No. 22/PUU-XV-2017 cannot be implemented effectively.
Co-Authors Dede Dede Kania Eidy Sandra Lisa Krisnayanti Lucky Dharmawan Mochammad Rizky Afriansyah Mohammad Hamidi Masykur Ramalinggam Rajamanickam Siti Nur Fatoni Yola Maulin