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All Journal ARBITER: Jurnal Ilmiah Magister Hukum Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Syaddan Dintara Lubis
Universitas Islam Negeri Sumatera Utara Medan
Law, Crime, Criminology & Criminal Justice Social Sciences

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Pernikahan Beda Agama Berdasarkan Hukum Islam dan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Analisis Penetapan No. 42/Pdt.p/2014/PN.Unr) Syaddan Dintara Lubis
ARBITER: Jurnal Ilmiah Magister Hukum Vol 5, No 1 (2023): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v5i1.1685

Abstract

In practice, interfaith marriages are declared valid if they have received a permit decision from the court so that they can be registered. Even though in Law no. 1 of 1974, interfaith marriages are still experiencing a legal vacuum. In the event that the registration of marriages in interfaith marriages cannot be carried out because they are not in accordance with Article 2 paragraph (1) of Law No. 1 of 1974, but if accompanied by a permit decision from the court, interfaith marriages can be registered even though they are contrary to religious law, customary law and UU no. 1 of 1974. Consideration of freedom to embrace religion as a human right contained in the 1945 Constitution, in fact the principle of human rights returns the marriage law to the religious law adhered to by each religion. This study uses a normative study with a decision analysis approach No. 42/Pdt.P/2014/Unr based on the considerations of Islamic law and Law Number 1 of 1974. The aim is legal certainty in interfaith marriages and examines judges' considerations in granting permits for interfaith marriages. The results of the study show that normatively it is prohibited because it is not in accordance with Law No. 1 of 1974, if marriage is legalized because of a court decision to be registered so that it is considered valid, then it can weaken the position of Islamic law as a source of law for adherents of Islam, in principle the law Marriage refers to religious law. 
Sanksi Hukum Anak Yang Membunuh Ibu Tirinya Dalam Perspektif Hukum Pidana Islam Dan Hukum Pidana : ( Studi Putusan Nomor 823/Pid.B/2019/PN Kis ) Nur Kemala Dewi Lubis; M. Rizal; Syaddan Dintara Lubis
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 4 (2023): November : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v1i4.654

Abstract

This research discusses the legal sanctions for children who kill their stepmother which occurred in Pulo Bandring District, Asahan Regency. This research will analyze the Kisaran District Court Decision Number.823/Pid.B/2019/PN.Kis, which aims 1. To find out what the provisions are for legal sanctions for children who kill their stepmother from a criminal law perspective, 2. What are the provisions for legal sanctions for children who killing his stepmother according to the perspective of Islamic criminal law, and 3. What are the legal considerations of the judge in making a decision regarding the child who killed his stepmother (Decision Study Number.823/Pid.B/2019/PN.Kis). This research uses Normative Law, which is research that examines document studies, namely using legal source materials. The results of the research in this study are: 1. A person can be said to be the perpetrator of the crime of murder and has fulfilled the elements of the crime of murder, and has been proven to have committed the crime of murder with supporting evidence, which states clearly that the person has committed the crime. criminal act of murder. 2. Not only criminal law, Islamic criminal law also regulates sanctions for perpetrators of criminal acts of murder. The crime of murder by intentionally taking another person's life in Islamic criminal law is categorized as Al-Qatlu. 3. When formulating a case, a judge must first consider the creation of fair law in society. In Decision No. 823/Pid.B/2019/PN.KIS in considering the law the judge made a decision using alternative charges. Although the alternative indictment consists of several layers, only one will be proven. Proof does not need to be carried out sequentially according to the layers, but directly to what is deemed proven. Because Article 338 of the Criminal Code has been clearly proven, based on the element of who and the element of intentionally taking another person's life, then in decision No. 823/Pid/B/2019/PN.KIS the judge decided that the defendant was caught in the second alternative charge, namely Article 338 of the Criminal Code, namely intentional murder, to which evidence was attached which was obtained at the scene of the crime. So the judge decided that the defendant was subject to imprisonment for 10 (ten) years.
Co-Authors M. Rizal Nur Kemala Dewi Lubis