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AHLI WARIS SAUDARA DAN ANAK KANDUNG MENURUT HUKUM WARIS ISLAM Nanda Septianingtyas; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Qur'an, Hadith, and Ijtihad serve as the foundation for Islamic inheritance law. Ijbari-based inheritance in Islam places children, parents, widows or widowers, and siblings among the heirs. creation of the issue 1) How does Islamic inheritance law treat siblings inheriting alongside their biological children? 2) How acceptable is the Majalengka Religious Court's ruling on the identification of the deceased person's heirs, Majalengka Religious Court Number 0457/Pdt.P/2020/PA.Mjl? Islamic Inheritance Law in Cuminah? Normative research is the kind of study that researchers employ. Descriptive research is the type that was used. With primary and secondary legal resources, secondary data is utilised. Data is qualitatively evaluated, and deductive reasoning is used to reach conclusions. Conclusion: You will not be able to obtain an inheritance if the heir still has biological children and the Judge's Determination is not in accordance with the Al-Qur'an Surah An-Nisa verse (176) in conjunction with Articles 174 and 182 KHI.

ANALISIS PEMBAGIAN WARIS DARI HARTA BAWAAN MENURUT KUHPER & UUP 1974 Mellisa Valencia; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Asset division is one of the effects of marriage. Assets that were acquired throughout the marriage by each party as well as assets that were inherited make up marital assets. When a death occurs, the marital assets turn into an inheritance that is transferred to the heirs. 1) How are inherited assets divided in the distribution of inheritance in accordance with the Civil Code and Law Number 1 of 1974 about Marriage? 2) In light of the Civil Code and Law Number 1 of 1974 regarding Marriage, is Decision Number 79/Pdt.G/2020/PN.Rap appropriate? This study is normative in character and has a descriptive and analytical tone. In addition to secondary data, this study also used primary and secondary legal sources. The data were analyzed qualitatively by deductively drawing conclusions. The conclusion is: 1) With the occurrence of death, inherited assets become inherited assets. So according to the Civil Code and the Marriage Law, related to the case, the inheritance as Hua Sin's inheritance was given to his wife as the heir of the first class. 2) Decision Number 79/Pdt.G/2020/PN Rap is not in accordance with Article 852 of the Civil Code jo. Article 35 to Article 37 of the Marriage Law.

PERAN BP4 KECAMATAN TEBET PADA PELAKSANAAN PERKAWINAN DI INDONESIA SAAT PANDEMI COVID-19 Hafidhah Aurelia Afrah; Khairani Bakri
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Advisory Board for the Development and Preservation of Marriage (BP4) was formed as a partner of the Ministry of Religion in creating a sakinah, mawaddah, warahmah family. The problems are: what were the problems faced by BP4 Tebet District, South Jakarta regarding the implementation of marriages in Indonesia during the Covid-19 pandemic? And what is the role of BP4 in dealing with legal issues related to the implementation of marriages in Indonesia during the Covid19 pandemic? This research is normative, descriptive analytical research, using secondary and primary data, and using qualitative analysis with deductive conclusions drawn. Conclusion: there are 6 legal issues related to unregistered marriage, underage marriage, kafa'ah, medical examination for the bride and groom, violation of sighat taklik divorce, and divorce pronounced outside the court. The role that BP4 Tebet District has to carry out with this problem is to continue to follow the efforts and efforts that have been listed in the AD/ART BP4 results. Suggestions from this research: legislators so that the Marriage Law and KHI are updated by adding health check requirements and BP4 need to add other parties such as the parents of the prospective bride and groom to attend marriage guidance.

TINJAUAN YURIDIS PEMBAGIAN WARIS TERHADAP ANAK ALM. IVAN LIMBUNAN BERDASARKAN PUTUSAN PENGADILAN Rasyaki Putri Adim; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Children from the first, second, third, fourth, and fifth marriages of the late Ivan Limbunan experience challenges of disagreements related to inheritance distribution. The roblem: what is the content of Makassar District Court Decision No. 422/Pdt.G/2020/PN.MKS and how is inheritance distributed to the offspring of the late Ivan Limbunan's first, second, third, fourth, and fifth marriages in accordance with the Civil Code? According to the Civil Code, Part Number 1 Concerning Distribution of the late. Ivan Limbunan's Inheritance to His Heirs is appropriate or not. This article uses secondary data, descriptive analysis, qualitative approach, libraries research. Research findings, analysis, and conclusions; according to Articles 832 and 852 of the Civil Code, the six children from the deceased Ivan Limbunan's first, second, third, fourth, and fifth marriages as well as the Fransiska (8/14) 1/2 the inheritance might all get inheritance. Fill in the Decision of the Makassar District Court Number 422/Pdt.G/2020/PN.MKS Part Number 1 regarding the distribution of the inheritance of the late Ivan Limbunan to his heirs not in accordance with Articles 250, 830, and 852, and Article 852a of the Civil Code. Ivan Limbunan each gets (1/14) share.

HAK PENGASUHAN ANAK DI BAWAH UMUR SEBAGAI AKIBAT PERCERAIAN Agung Pratama; Khairani Bakri
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15039

The Cases of disputes over child custody (hadhanah) due to divorce are common in society. For underage children, Article 105 (1) KHI provide hadhanah to their mothers. However, court may determine otherwise through a mediation. The research’s problem: what are the provisions regarding hadhanah as result of divorce according to the Marriage Law, and is the Decision of PA Sukadana No: 1057/Pdt.G/2019/PA. Sdn, is in accordance with marriage laws. The research conducted in normative and descriptive analytical legal research, using secondary data obtain through literature studies. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion is that the Marriage Law does not definitively regulate the hadhanah. Hadhanah is regulated in Article 105 paragraph (1) KHI, namely "A custody of a child who is not yet mumayiz or not yet 12 years old is the right of the mother". The Contents of the Amar Decision of PA Sukadana which stipulates hadhanah to the father (Defendant) and after the child is 12 years old hadhanah is determined based on the wishes of the child, are not in accordance with the provisions of KHI, but can be justified based on Supreme Court Regulation Number 1 of 2016.

HAK ASUH ANAK (HADHANAH) ADOPSI PASCA PERCERAIAN MENURUT HUKUM ISLAM INDONESIA Renata Thalyssa Kiara; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The institution of marriage serves to formalize a man and woman's connection and to create an everlasting and happy family. Child custody is one of the effects of divorce (hadhanah). Problem statement: Under Indonesian Islamic family law, how is child custody (hadhanah) for adopted children determined? And does Indonesian Islamic family law apply to the Sarolangun Religious Court's Decision Number 144/Pdt.G/2019/PA.Srl? The normative legal research type is utilized in this scientific work's study methodology. The research's descriptive nature, utilization of secondary data backed by primary data, qualitative analysis of the data, and deductive reasoning are all used to make findings. Research findings, analysis, and conclusions (Hanah) Arrangements for child custody for adoptive children have not been governed by Indonesian Islamic family law. The verdicts numbers three and four are not in conformity with the normative law contained in the KHI, as per the provisions of Article 105 letters a and b KHI. To ensure the child's welfare and that their rights are upheld, consideration is given to the child's actual living circumstances when deciding who will be responsible for caring for them.

ANALISIS YURIDIS TERHADAP PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN (PUTUSAN NOMOR 0743/PDT.G/2018/PA.LMG) Febrina Puspito Ningtyas; Khairani Bakri
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In Indonesia today, polygamy, or the union of one man with the status of a husband and multiple women with the status of wives concurrently, still frequently leads to issues. For instance, consider the incident that took place in Lamongan a while back, where the man (the applicant) was forced to marry the second wife. If it wasn't for him, she didn't want to get married. This condition was later legally granted through the Lamongan Religious Court Decision Number 0743/Pdt.G/2018/PA.Lmg. However, it becomes apparent from various angles that a number of legislative requirements have not been met. utilizing secondary sources and descriptive analytical research techniques. The outcomes of the Research, analysis, and findings demonstrate that the pertinent decisions are compliant with the law. Simply put, the applicant's arguments do not follow Law Number 1 of 1974's provisions for Article 4 Paragraph 2 Jo, Government Regulation Number 9 of 1975's provisions for Article 41 letter a Jo, or List of Compilation or Association of Islamic Laws Article 57. Specifically, polygamy is only permitted if the wife is unable to fulfill her commitments, suffers from a handicap or disease, and is sterile.

- Alasan Poligami Dan Persyaratan Izin Poligami Menurut Hukum Keluarga Islam Indonesia : - Amanda Odelia; Khairani Bakri
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16274

Polygamy is a marital principle in which a man has 2 or more wives. Because marriage law in Indonesia adheres to the principle of monogamy, polygamy can be implemented if the polygamy requirements are met in Article 5 of the Marriage Law. The subject matter studied, what is the reason for polygamy according to Indonesian Family Law? The research method used in this writing is normative, the nature of the research is descriptive, the data used are secondary data by means of literature studies, qualitative data analysis, and deductive conclusions Article 4 Paragraph (2) of the Jo. Marriage Law Article 41 Letter a PP No. 9 of 1975 concerning the Implementation of the Jo. Marriage Law Article 57 of the Compilation of Islamic Law regulates the reasons for polygamy allowed in Indonesia. The rules regarding polygamy permit requirements are contained in Article 5 of the Jo. Marriage Law Article 55 and Article 58 of the Compilation of Islamic Law. The conclusion of this study is that the reasons for polygamy and the conditions for polygamy permits are two things that must be met, in terms of applying for polygamy permits in accordance with existing laws and regulations. Verdict No. 5174/Pdt.G/2021/Pa.JT meets the requirements of polygamy permits. However, the judge did not consider the reasons for polygamy contained in Article 4 Paragraph 2 of the Marriage Law.

- ASPEK HUKUM PEMBAGIAN WARIS ALM. SAMIR MENURUT HUKUM WARIS ISLAM INDONESIA Ni Made Ananda Puteri Maharani; Khairani Bakri
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16276

The transfer of property from the right of the heir to the heir is known as inheritance. When inheritance is divided, it causes issues in society. Problem statement: Whether or not Ruling No. 519/Pdt. G/2019/PA.TR complies with Indonesian Islamic Inheritance Law with regard to the legal features of Alm. Samir bin Haji Sain's inheritance distribution under Indonesian Islamic Law. The research method used normative research to examine the fundamentals of Islamic inheritance law. Descriptive research methodology is used. Secondary data sources are consulted in this study. The findings of this investigation and discussion relate to legal facets of inheritance distribution for the deceased. Samir Bin Haji Sain includes the following in accordance with Indonesian Islamic Inheritance Law: Samir Bin Haji Sain includes the share of siblings, more than one wife and the obligatory will and the suitability of Decision Number 519/Pdt. G/2019/PA.TR with Indonesian Islamic Inheritance Law, including determining siblings to inherit, determining the share of 2 wives and children out of wedlock. The conclusion of this article: the legal aspects involved in this case: the part of the brother, the obligatory will, the share of more than one wife. Decision no 519/Pdt. G/2019/PA.TR judges are not in accordance with Indonesian Islamic inheritance law, which originates from the Al-Qur'an, Hadith and Presidential Instruction (Inpres) Number 1 of 1991 concerning Compilation of Islamic Law.

- Analisis Itsbat Nikah Terhadap Perkawinan Kedua Yang Masih Dalam Masa Iddah Berdasarkan Hukum Keluarga Islam Indonesia : - Dewi Maharani; Khairani Bakri
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16481

Itsbat marriage is the legalization of marriage which is carried out in series and submitted to the local religious court. Marriage which was originally only legal before religion became legal before the law by filing itsbat marriage. Formulation of the problem 1. Can itsbat marriage be filed for a second marriage that is still in its infancy Iddah based on Indonesian Islamic Family Law? 2. Is the decision of the Religious Court Number 176/Pdt.P/2022/PA.TNG in accordance with Indonesian Islamic Family Law? This writing was done using normative methods and the nature of descriptive research. The type of data used is secondary data through library research. Data management is carried out in a qualitative way. Drawing conclusions is done in a deductive way. Conclusion that itsbat marriage cannot be filed for a second marriage that is still in its term Iddah because he violated the provisions of Indonesian Islamic Family Law, especially Article 11 of Law Number 1 of 1974 concerning Marriage in conjunction with Article 39 paragraph (1) letter (b) of Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 Jo 153 paragraph (2) letter (b) Compilation of Islamic Law. The decision of the Tangerang Religious Court Number 176/Pdt.P/2022/PA.TNG is not in accordance with Indonesian Islamic Family Law.

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