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All Journal Reformasi Hukum Trisakti
Muriani Muriani
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS ANAK BELUM DEWASA SEBAGAI TURUT TERGUGAT DALAM SENGKETA WARIS (STUDI PUTUSAN PENGADILAN AGAMA SUKABUMI NOMOR 0371/PDT.G/2017/PA.SMI) Intan Justiasari; Muriani Muriani
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (279.429 KB) | DOI: 10.25105/refor.v3i1.13257

Abstract

The Sukabumi Religious Court Decision Number 0371/Pdt.G/2017/PA.Smi concerns. It has to do with the legal subject being a minor and the exception being slander. The question put forth is: Can a immature child be dropped as a co-defendant in a case brought before the court? And what justifies the Sukabumi Religious Court's panel of judges rejecting the defendant's exception to the inheritance claim for obscenity libel? The research is descriptive in nature, uses secondary data, is processed in a qualitative manner, and draws findings based on deductive reasoning. The research approach is juridical-normative. Decision Number 0371/Pdt.G/2017/PA.Smi, which was based on the findings of the investigation, discussion, and conclusions, found that the because there were parties who were immature and who were not being represented by their legal adult, the lawsuit had formal flaws and was not legally valid. This was determined by a judge. The claim is therefore unacceptably false as a result. The reason for the judge's consideration breaches the process for modifying a case, thus it is not in compliance with the applicable law.
ANALISIS YURIDIS PENETAPAN PERKAWINAN BEDA AGAMA ANTARA KEVIN SANGIAN HENDRIK RUMIAP DENGAN NUR REZKI ANGGRAENI AKHBAR MENURUT HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (STUDI PENETAPAN PENGADILAN NEGERI MAKASSAR NOMOR 622/PDT.P/2018/PN.MKS) Praditya Arrahim Pahlevi; Muriani Muriani
Reformasi Hukum Trisakti Vol. 3 No. 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5546.307 KB) | DOI: 10.25105/refor.v3i1.13297

Abstract

Interfaith marriage exists between Kevin Sangian Hendrik Rumiap and Nur Reski Anggraeni Akhbar. The issue is whether interfaith marriage is allowed under Indonesian marriage law that is in force, and if the provision of Number 622/Pdt.P/2018/PN.Mks that authorizes interfaith marriage complies with that law. The normative legal research method uses secondary data and is descriptive in character. analysis of qualitative data. Conclusion by deductive result. The findings of the study, discussion, and conclusion show that interfaith marriage agreements are strictly regulated in the Compilation of Islamic Law (in Article 40 letter (c) and Article 44, which states that every man is forbidden from marrying a woman who is not Muslim, and every woman is forbidden from marrying a man who is not Muslim. The District Court's decision to allow interfaith marriages, District Court No. 622/Pdt.P/2018/PN.Mks, does not follow the Compilation of Islamic Law or Law No. 1 of 1974, but rather Article 2 paragraph (2) of Government Regulation No. 9 of 1975 and Supreme Court Decision Number 1400K/Pdt/1986.
ANALISIS YURIDIS TERHADAP PUTUSAN HAKIM YANG MENGABULKAN EKSEPSI TERGUGAT (STUDI KASUS PUTUSAN NO. 74/PDT.G/2021/PN.BKS) Biyanda Rizky; Muriani Muriani
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (234.072 KB) | DOI: 10.25105/refor.v4i2.13600

Abstract

The people who suffered losses as a result of the evictions carried out by the Bekasi City Government filed a lawsuit with the District Court. Bekasi with the argument that the Municipal Government of Bekasi has committed an unlawful act (PMH). However, in the trial of the Panel of Judges PN. Bekasi grants the Defendant's exception regarding the Absolute Authority of the Court, taking into account PERMA No. 2/2019 which resulted in this case ending before entering the process of examining the main case. The formulation of the problem is: is the consideration of the judge who granted the exception in accordance with the statutory regulations? And what legal remedies can be made against this decision? The normative research method, with reference to secondary data, namely library materials, while to analyze the data is done qualitatively, and conclusions are made deductively. Research results, discussion and conclusions: Panel of Judges PN. Bekasi, which granted the defendant's exception, was not careful in looking at the nature of the lawsuit and ignored SEMA No. 2/2019, against the final decision stating that the District Court is not authorized to examine and adjudicate, an appeal can be made to the High Court.
TINJAUAN YURIDIS ANAK BELUM DEWASA SEBAGAI TURUT TERGUGAT DALAM SENGKETA WARIS (STUDI PUTUSAN PENGADILAN AGAMA SUKABUMI NOMOR 0371/PDT.G/2017/PA.SMI) Intan Justiasari; Muriani Muriani
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.13257

Abstract

The Sukabumi Religious Court Decision Number 0371/Pdt.G/2017/PA.Smi concerns. It has to do with the legal subject being a minor and the exception being slander. The question put forth is: Can a immature child be dropped as a co-defendant in a case brought before the court? And what justifies the Sukabumi Religious Court's panel of judges rejecting the defendant's exception to the inheritance claim for obscenity libel? The research is descriptive in nature, uses secondary data, is processed in a qualitative manner, and draws findings based on deductive reasoning. The research approach is juridical-normative. Decision Number 0371/Pdt.G/2017/PA.Smi, which was based on the findings of the investigation, discussion, and conclusions, found that the because there were parties who were immature and who were not being represented by their legal adult, the lawsuit had formal flaws and was not legally valid. This was determined by a judge. The claim is therefore unacceptably false as a result. The reason for the judge's consideration breaches the process for modifying a case, thus it is not in compliance with the applicable law.
ANALISIS YURIDIS PENETAPAN PERKAWINAN BEDA AGAMA ANTARA KEVIN SANGIAN HENDRIK RUMIAP DENGAN NUR REZKI ANGGRAENI AKHBAR MENURUT HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (STUDI PENETAPAN PENGADILAN NEGERI MAKASSAR NOMOR 622/PDT.P/2018/PN.MKS) Praditya Arrahim Pahlevi; Muriani Muriani
Reformasi Hukum Trisakti Vol 3 No 1 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i1.13297

Abstract

Interfaith marriage exists between Kevin Sangian Hendrik Rumiap and Nur Reski Anggraeni Akhbar. The issue is whether interfaith marriage is allowed under Indonesian marriage law that is in force, and if the provision of Number 622/Pdt.P/2018/PN.Mks that authorizes interfaith marriage complies with that law. The normative legal research method uses secondary data and is descriptive in character. analysis of qualitative data. Conclusion by deductive result. The findings of the study, discussion, and conclusion show that interfaith marriage agreements are strictly regulated in the Compilation of Islamic Law (in Article 40 letter (c) and Article 44, which states that every man is forbidden from marrying a woman who is not Muslim, and every woman is forbidden from marrying a man who is not Muslim. The District Court's decision to allow interfaith marriages, District Court No. 622/Pdt.P/2018/PN.Mks, does not follow the Compilation of Islamic Law or Law No. 1 of 1974, but rather Article 2 paragraph (2) of Government Regulation No. 9 of 1975 and Supreme Court Decision Number 1400K/Pdt/1986.
ANALISIS YURIDIS TERHADAP PUTUSAN HAKIM YANG MENGABULKAN EKSEPSI TERGUGAT (STUDI KASUS PUTUSAN NO. 74/PDT.G/2021/PN.BKS) Biyanda Rizky; Muriani Muriani
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13600

Abstract

The people who suffered losses as a result of the evictions carried out by the Bekasi City Government filed a lawsuit with the District Court. Bekasi with the argument that the Municipal Government of Bekasi has committed an unlawful act (PMH). However, in the trial of the Panel of Judges PN. Bekasi grants the Defendant's exception regarding the Absolute Authority of the Court, taking into account PERMA No. 2/2019 which resulted in this case ending before entering the process of examining the main case. The formulation of the problem is: is the consideration of the judge who granted the exception in accordance with the statutory regulations? And what legal remedies can be made against this decision? The normative research method, with reference to secondary data, namely library materials, while to analyze the data is done qualitatively, and conclusions are made deductively. Research results, discussion and conclusions: Panel of Judges PN. Bekasi, which granted the defendant's exception, was not careful in looking at the nature of the lawsuit and ignored SEMA No. 2/2019, against the final decision stating that the District Court is not authorized to examine and adjudicate, an appeal can be made to the High Court.
Co-Authors Biyanda Rizky Intan Justiasari Praditya Arrahim Pahlevi