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KAJIAN JURIDIS DAMPAK POLIGAMI TERHADAP KEHIDUPAN KELUARGA Barzah Latupono
Bacarita Law Journal Vol 1 No 1 (2020): Agustus (2020) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Undang-undang perkawinan membuka ruangbagi para pihak yang hukum agamanya menghendaki melakukan poligami, namun harus sesuai dengan aturan yang ditentukan dalam hukum agama maupun hukum negara. Yang terjadi poligami dilakukan tidak sesuai tujuan poligami yang diamanatkan hukum agama sehingga akan mengakibatkan tanggungjawab berupa pemenuhan hak perdata maupun hak ekonomi yang harus dilakukan seorang ayah atau suami tidak dilakukan sebagimana mestinya, hal ini tentu saja akan menimbulkan kerugian pada istri-istri maupun anak-anak. Untuk itu pemerintah harus lebih memperketat aturan tentang poligami dan perlindungan terhadap hak anak dari ayah yang melakukan poligami sehingga dapat dimintai pertanggungjawab hukumnya.

KAJIAN YURIDIS TENTANG KEWAJIBAN MANTAN SUAMI MENAFKAHI MANTAN ISTRINYA PASCA PERCERAIAN Barzah Latupono
Bacarita Law Journal Vol 1 No 2 (2021): April (2021) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Perkawinan adalah ikatan lahir batin antara seorang pria dan wanita sebagai suami istri dengan tujuan untuk membentuk keluarga (rumah tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa. Apabila mereka melangsungkan perkawinan maka timbullah hak dan kewajiban antara suami istri secara timbal balik, demikian juga akan timbul hak dan kewajiban antara orang tua dan anak secara timbal balik. Dalam kehidupan rumah tangga tentu saja ada riak-riak yang kalau tidak bisa diupayakan perbaikan tentu akan membawa para pihak kearah perpisahan atau perceraian, dan jika terjadi, maka suami harus tetap membiayai kebutuhan anak sampai mereka dewasa dan juga dapat memberikan nafkah kepada mantan istri, bila suami yang menggugat cerai istri dimana istri tidak dalam keadaan durhaka terhadap suami.

Pemenuhan Hak Hak Mantan Istri Akibat Putusnya Perkawinan Nazwa Fajria Poluan; Barzah Latupono; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10832

ABSTRACT: The fulfillment of the ex-wife's rights must be fulfilled after the breakup of the marriage, in the form of mut'ah maintenance, iddah maintenance, kiswan, maskan. As is commonplace in the relationship between rights and obligations, if the obligation is not carried out it will be detrimental to the party who should get the right. Legal consequences if the ex-husband does not fulfill the rights of the ex-wife, Article 34 paragraph (3) If the husband or wife neglects their respective obligations, they can file a lawsuit with the Court. If a husband who neglects to provide for his wife does not fulfill the decision according to the provisions of Article 196 HIR and Article 207 R.Bg, then the implementation of the decision can be resolved in two ways, namely by force and voluntarily. So that if the husband does not want to carry out the judge's decision to provide maintenance to his wife voluntarily, the judge will carry out the execution. Execution of payment of living expenses for mut'ah, living expenses owed (madhiyah) and living expenses for iddah in the Religious Courts through several stages, namely: Application for execution, paying for execution costs, aanmaning, determination of execution confiscation, determination of execution orders, is carried out in accordance with existing regulations so as not to violate the law as well as making it easier and able to fulfill the rights of the wife after the divorce. This writing begins with conducting research with a type of problem approach research using primary legal materials, tresier legal materials and secondary legal materials. The procedure for collecting legal materials used is library research. The processing and analysis of legal material is carried out using a normative legal research type with a qualitative descriptive method with a description of the problem and analyzing the legal material that has been collected. The result obtained from fulfilling the rights of the ex-wife as a result of the breakup of the marriage is that if it has been decided that the husband must pay for his maintenance to his wife, then he should consciously pay this obligation himself. Rules in Article 41 point (c) of Law Number 1 of 1974 Concerning Marriage. Ex-husbands who do not carry out the obligation to support ex-wives who have been divorced, the Religious Courts have the duty and authority to examine, decide and resolve special civil cases at the first level for people who are Muslim, the implication is that every person who is Muslim can file or sue all special civil cases to the religious court in accordance with the jurisdiction and absolute competence.

Perceraian Yang Dilakukan Oleh Pasangan Yang Melakukan Perkawinan Beda Agama Rusgiman Fauzan Ruslan; Barzah Latupono; Mahrita Aprilya Lakburlawal
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10836

ABSTRACT: Law Number 1 of 1974 concerning marriage generally only regulates marriage and divorce for those who are married according to the provisions stipulated in the law. However, marriage and divorce are not always carried out by couples who have the same religion and belief, often marriages and divorces are carried out by those who have different religions and beliefs. The purpose of this paper is to find out and explain whether interfaith marriages and interfaith divorce processes are valid or not. The method used in this paper is a normative juridical approach with a statutory approach, a conceptual approach and a case approach. Results of the research basically, interfaith marriages carried out in any way the marital status is invalid, because basically a marriage can be considered valid if it is carried out according to Article 2 paragraph (1) of Law Number 1 Year 1974 concerning Marriage which explains that "Marriage is valid if it is carried out according to the laws of each religion and belief", but in reality interfaith marriages still occur in Indonesia. Divorce between different religions can be carried out in court, namely in particular it can be done in district courts, the process of interfaith divorces conducted in district courts is generally not much different from divorces carried out by couples in general in district courts.

Kewajiban Ayah Menafkahi Anak Setelah Putusnya Perkawinan Nadia Rizkiah Latupono; Barzah Latupono; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10838

ABSTRACT: Article 45 states that "both parents are obliged to care for and educate their children as well as possible". Paragraph (2) states "the obligations of the parents referred to in paragraph (1) of this article apply until the child marries or can stand alone, which obligations continue even if the marriage between the two parents is broken up". So in detail the rights and obligations of the parents towards children namely Providing protection, Providing education, Representing children in all legal actions for those who are eighteen years old and under and have never been married, Providing child care costs even though the parents' powers have been revoked. legal consequences arising from ex-husbands not providing maintenance to children, that can be done through the stages, summoning ex-husbands to fulfill the obligation to provide maintenance to children based on a judge's decision, forced efforts from the Court against ex-husbands to provide Hadhanah maintenance for their children. The purposes of this study are: To know and explain the obligations of fathers in providing for children after divorce, Knowing and explaining what are the legal remedies if a father is negligent in carrying out the obligation to provide for his children. The method used in this research is normative juridical. And using a statutory approach as well as a conceptual approach, with legal materials consisting of primary, secondary and tertiary legal materials which are analyzed qualitatively. The results obtained from this study are that if the ex-husband is negligent in carrying out the obligation to provide for children, that is, the ex-wife can submit a request to the Head of the District Court or the Head of the Religious Court depending on what law you use when divorcing, if Islamically it can be filed through the Religious Court, and other than Islam can be filed through the District Court.

Status Dan Hak Waris Anak Dari Orang Tua Yang Membatalkan Perkawinan Menurut Undang-Undang Perkawinan Rifdah Khoirunnisaa Ramli; Barzah Latupono; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10841

ABSTRACT: The legal consequences of the annulment of a marriage begin after the ruling has a fixed and in force since the date of marriage was carried out according to chapter 28 of the marriage act. If a marriage is null and void, it is as if it never existed. However, the decision did not affect the status of children born from the marriage. However, in the case of the marriage annulled between the jesica iskandar and Ludwig Franz willibald, there were circumstances in which Ludwig was not responsible for their son, even barack Alexander, who looked after and paid for the child himself. This kind of research is normatitic juridical normative legal research, since it is done or aimed solely on written regulations. The data used are secondary data consisting of primary legal materials consisting of marriage laws, court rulings, relevant legal documents, and relevant legal literature on research topics. Studies have shown that in the case of annulment, the child born of the marriage remains legally recognized and valid. However, a child's birthright can be affected by a judicial decision that annuls the marriage. The marriage act provides guidelines on the protection and fulfillment of children's rights in this context. The study also identified some issues that arise regarding the status and rights of children born to parents who annul marriages. Among the issues found are the need for clarity in the appropriation of child custody, the sharing of common property, and the protection of the child's rights in the process of annulment of marriage. In addressing the issue, the study offers recommendations for improved legal regulations and increased public awareness of the importance of protecting the rights of children in the case of annulment of marriages. Additionally, work is required to increase accessibility and resolution rates of child status and birthright cases through an effective family judicial system.

Penyelesaian Perkara Isbat Nikah di Pengadilan Agama Ambon Mohamad Fauzan Kelian; Barzah Latupono; Sabri Fataruba
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10842

ABSTRACT: Isbat Marriage is the government's effort to provide services to people who do not yet have a Marriage Certificate, so that they can re-establish their marriage. In the process there are still many couples who carry out unregistered marriages, namely unregistered marriages, so that their marriages are not recognized by the state and many still do not understand the law or the importance of registering marriages. The type of research in this research is normative research or legal literature research. The results of the study show that the reasons for applying for marriage certificates in the Ambon Religious Court are: (a) marriage certificates are submitted for making a marriage certificate; (b) complete the requirements for a child's birth certificate; (c) legally settle the divorce in the Court; (d) inheritance distribution; (e) the management of the pilgrimage; (f) filed due to loss of Marriage Certificate; and (g) obtain a retired second widow from the State Civil Apparatus (ASN). Meanwhile, with regard to the completion of applications for Isbat Nikah, the Ambon Religious Court will carry out in accordance with applicable regulations, starting from the registration stage at the Ambon Religious Court Office, paying the application fee down payment, awaiting summons from the court, attending trials and stipulations from the Ambon Religious Court regarding the application for Isbat Nikah.

Kepastian Hukum Sertifikat Elektronik Sebagai Bukti Kepemilikan Tanah Rahul Mukadar; Adonia Ivonne Laturette; Barzah Latupono
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10843

ABSTRACT : Discusses about electronic certificates which are still a problem in making land certificates. Electronic certificates were initially not in line with the considerations of the Ministerial Regulation because in the community there were policies that reaped many cons. The land registration system based on regulations issued by the government, namely PP No. 24 of 1997 concerning Land Registration (PP 24/1997) aims to guarantee legal certainty because Thus the process of land registration must be considered properly in accordance with what is regulated by law which is the reference in the process of registering each plot of land in Indonesia. Writing with the title Legal Certainty Electronic Certificates as Proof of Land Ownership with the type of research used in this study is normative juridical, by examining legal materials in the form of primary, secondary and tertiary legal materials. The results of this study found that currently carrying out trials for the implementation of electronic land certificates it will not be applied to the general public's land, but its implementation will only be limited to State-Owned Property (BMN), State-Owned Enterprises (BUMN) assets, various companies or sectors. Large-scale private sector and for land office locations that will implement the implementation of electronic certificates in this trial phase only in certain cities. The big job now, in the transition period, is to transfer the media from conventionally stored juridical data to be converted into electronic juridical data.

Perjanjian Kerja Antara Pelaku Usaha Dengan Tenaga Kerja Dalam Perjanjian Hubungan Industrial Bryllian Abraham Titihalawa; Barzah Latupono; Dezonda Rosiana Pattipawae
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10849

ABSTRACT: An industrial relations dispute is a difference of opinion that results in a conflict between an entrepreneur or a combination of entrepreneurs and workers/laborers or a trade union/labor union due to disputes regarding rights, disputes over interests, and disputes over the termination of employment relations as well as disputes between trade unions/labor unions in only one company. The purpose of the agreement is none other than the purpose of the law itself, namely to provide protection and justice for the parties entering into the agreement. This research uses normative juridical research methods, namely library law research and because this research is carried out by having library materials. The approach in normative research is the Statute Approach and the Conceptual Approach. In this study, a descriptive-analytical type of research will be used. Work agreements are made in writing or verbally. Work agreements that are required in writing are carried out in accordance with applicable laws and regulations. Work agreements are divided into PKWT and PKWTT. PKWT is regulated to provide protection for workers, on the basis of the consideration that it does not occur where the appointment of workers is carried out through an agreement in the form of a PKWT for work that is continuous or is a permanent/permanent job of a business entity. PKWT can be done with a daily work agreement. Daily Work Agreements are carried out with the condition that the Worker/Labourer works less than 21 (twenty one) days in 1 (one) month. If the Worker/Labourer works 21 (twenty one) days or more for 3 (three) consecutive months or more, the Daily Work Agreement becomes invalid and the Employment Relations between Employer and Worker/Labourer by law change based on the PKWTT.

Pembagian Harta Bawaan Suami di Tinjau Dari Prespektif Hukum Islam Moh Mahdi Ali Kabakoran; Barzah Latupono; La Ode Angga
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10857

ABSTRACT: Inheritance law is a part of civil law and specifically a part of family law. The law of inheritance is very closely related to human life, because every human being will experience a legal event, namely death. The legal event will give rise to legal consequences regarding the continuation of the rights and obligations of a person who has died and in relation to his family or other people, who are entitled to the assets left behind. These assets are in the form of inherited assets and joint assets. The aim of the research is to find out and analyze the distribution of husbands' inherited assets after death. To find out and analyze the validity of the husband's innate assets which are controlled by the wife after the husband dies. The research method used is normative legal research. Namely legal research that examines document studies, using various secondary data such as legal theories, statutory regulations and can be in the form of opinions of legal scholars. Based on the provisions in the Compilation of Islamic Law, it has been explained that. The existence of joint property in marriage does not rule out the existence of property owned by each husband and wife. The assets of each in question are inherited assets. Inheritance is the property of each husband and wife which is obtained by each as an inheritance or gift. Then the position of the inheritance is to carry the mastery of each party of the husband and wife as long as the parties do not specify otherwise in a marriage agreement.

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