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PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.

PEMBATALAN PERKAWINAN KARENA KAWIN PAKSA MENURUT HUKUM KELUARGA ISLAM DI INDONESIA : Marriage Cancellation Due To Forced Marriage According To Islamic Family Law In Indonesia Nur Afni Husen; Setyaningsih
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19642

The Tangerang Religious Court has decided to cancel marriage due to forced marriage with Number 2801/Pdt.G/2018/PA.Tng where the husband requests to cancel the marriage because the marriage was carried out by force. The 2 (two) main issues raised are whether forced marriages can be used as a reason for annulment of marriages based on Islamic family law in Indonesia and whether the decision of the Tangerang Religious Court is in accordance with Islamic family law in Indonesia or not. The research was conducted normatively with the nature of descriptive-analytical research and drawing conclusions using deductive logic methods. Forced marriage causes disputes in the household, so it can be a reason for filing an annulment of marriage. Tangerang Religious Court Decision No. 2801/Pdt.G.2018/PA.Tng states that the marriage annulment is granted so that, in this case, the marriage annulment has fulfilled the reasons according to the provisions of Article 71 letter (f) Compilation of Islamic Law which was caused by coercion. Thus, the decision is appropriate based on a review of Islamic family law in Indonesia.

ANALISIS YURIDIS TERHADAP PENCATATAN PERKAWINAN BEDA AGAMA DITINJAU DARI HUKUM PERKAWINAN DI INDONESIA (STUDI PUTUSAN PENGADILAN NEGERI SURABAYA ANTARA RIZAL ADIKARA DAN EKA DEBORA SIDAURUK): Juridical Analysis of Interreligious Marriage Registration in View from Marriage Law in Indonesia (Study of Surabaya District Court Decisions Between Rizal Adikara and Eka Debora Sidauruk Muhammad Hafidz Ashidiqi; Setyaningsih
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19817

Interfaith marriage is controversial in society due to the absence of regulation according to the Marriage Law. Based on Article 2 paragraph (1) of Law No. 1 of 1974, however, in fact, there are still many interfaith marriages in society, one of which is in the decision of the Surabaya District Court. With the study of the decision no 916/Pdt.p/2022/PN.Sby. The 2 main issues are whether the determination of interfaith marriages can be registered according to the marriage law in force in Indonesia and whether in court decision No. 916/Pdt.P/2022/PN.Sby.Hakim who has decided to grant permission for interfaith marriages is in accordance with the rules of marriage law in Indonesia. The research method used is a normative juridical type, with the nature of the research being descriptive and concluding using deductive logic. Registration of marriages for interfaith marriages cannot be recorded, and the judge's decision is not by the provisions of

PEMBATALAN PERKAWINAN YANG DALUWARSA MENURUT UNDANG-UNDANG PERKAWINAN DAN KHI (PUTUSAN NOMOR 406/PDT.G/2020/PA.BATG) Hartanti Widiastuti; Setyaningsih
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14108

A marriage may be dissolved if it does not adhere to the pillars and legal conditions, according to Article 22 of the UUP. In the Bantang Religious Court Decision Number 406/Pdt.G/2020/PA, not all requests for annulments of expired marriages are turned down.Syamsir bin H. Harsa did not adhere to Article 9 UUP, so the judge concurred. The question is whether the Judge in his decision said in the Decision Number 406/Pdt.G/2020/PA that a marriage that has been in existence for a longer period of time than specified in that decision can be dissolved. Concerning cancellation, BTG Do the Compilation of Islamic Law and Law No. 1 of 1974 both apply to marriage? Normative law research methods are descriptive and analytical. Results of the study, discussion and findings; a marriage that has been legally consummated after the deadline in this decision has passed cannot be canceled because it does not comply with Article 2 UUP because the marriage was not registered at the KUA with Article 2 UUP. Regarding the deadline for filing an annulment, the judge's ruling in this case does not follow Article 27 paragraph (3) UUP and Article 72 paragraph (3) KHI.

- PENGAKUAN ANAK LUAR KAWIN BERDASARKAN HUKUM PERKAWINAN YANG BERLAKU DI INDONESIA (Studi Putusan Nomor 119/Pdt.P/2022/PN.Njk) : - Mochammad Maldini Agustian; Setyaningsih
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18402

Recognition of children out of wedlock is a difference in society related to the absence of regulation on the recognition of children out of wedlock according to the Marriage Law. Based on Article 43 paragraph (1) Law No. 1 of 1974, the fact is that in society there are still cases of recognition of illegitimate children, one of which is in the decision of the Nganjuk District Court on decision number 119/Pdt.P/2022/PN.Njk. The main problems in this study are (1) How is the recognition of children out of wedlock according to the marriage law in force in Indonesia? and (2) Is it in Court decision No. 119/Pdt.P/2022/PN.Njk. Regarding the recognition of children out of wedlock according to the rules of marriage law that apply in Indonesia? This study uses a normative type that is descriptive, uses secondary data obtained from literature studies, and the data is processed qualitatively by drawing deductive logical conclusions. The conclusion of this research is that the recognition of children out of wedlock must comply with the Constitutional Court decision Number 46/PUU-VIII/2010. The suggestion of this research is that the parties who are going to get married should be carried out in accordance with the laws and regulations that apply in Indonesia so that the marriage that takes place is declared valid in the eyes of the law so that the children born in the marriage have a clear position in the eyes of the law.

ANALISIS YURIDIS HADHANAH AYAH MENURUT HUKUM KELUARGA ISLAM (STUDI KASUS PUTUSAN PENGADILAN AGAMA MOJOKERTO NOMOR 833/ Pdt.G/ 2021/ PA. Mr). Sherien Defrinanda; Setyaningsih
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18535

For minor children, the mother is legally entitled to custody. The author focuses on the conditions for a father to be entitled to Hadhanah privileges. The formulation of the problem in this research is whether a father is entitled to hadhanah if the father prevents a child who is not yet mumayyiz from his biological mother according to Indonesian Islamic Family Law and whether the decision of the religious court number 833/Pdt.G/2021/PA. Mr. is in accordance with Islamic family law. The research method was carried out using a normative juridical type with a descriptive analytical approach. Primary, secondary and tertiary legal sources were questioned to obtain secondary data. Qualitative investigation and the application of deductive reasoning are components of the literature analysis process. Based on the results of research and discussion, children under the age of 12 have the right to their mother in accordance with the Hadhanah rules as outlined in Article 105 of the Compilation of Islamic Law (KHI). The child must be raised by the mother because the mother is not crazy and is capable and does not behave badly. In conclusion, the judge actually gave Hadhanah rights to the father rather than the mother.

- RESTRUKTURISASI KREDIT USAHA RAKYAT KECIL DI MASA PANDEMI COVID-19 DITINJAU DARI PRINSIP KEHATI-HATIAN (STUDI KASUS BANK BRI KCP SRIWIJAYA MATARAM): - Fiona Khairunnisa; Setyaningsih
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18679

During the COVID-19 pandemic, the Government implemented relaxation rules as a National Economic Recovery ("PEN") for People's Business Credit ("KUR") debtors which are regulated in POJK 11/2020 and Permenko Perekonomian 19/2020, one of BRI KCP Sriwijaya's Small KUR debtor customers who received credit relaxation and failed to restructure will be reviewed from the Prudential Principles. The formulation of the problem discussed, how is the implementation of KUR relaxation at BRI KCP Sriwijaya Mataram during the COVID-19 pandemic in terms of the Prudential Principles of the Banking Law and whether there are obstacles for BRI KCP Sriwijaya Mataram in implementing Small KUR relaxation during the COVID-19 Pandemic in terms of Prudential Principles. The research method used is normative, analytical descriptive research nature and the type of data used is secondary data supported by primary data, qualitative analysis with deductive inference. The conclusion in this study is that default is caused by the non-fulfillment of the Capacity aspect of both the debtor and the bank in predicting the business prospects of Small KUR debtors and BRI KCP Sriwijaya Mataram debtors, the majority of whom have businesses in the tourism sector.

PERWALIAN TERHADAP CUCU BERUSIA DI ATAS 18 TAHUN DI TAKALAR SULAWESI SELATAN: Guardianship For His Above 18 Years Old Grandchild In Takalar, South Sulawesi Fadhillah Balqis Dasril; Setyaningsih
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19163

An unhappy marriage can lead to guardianship of children. The formulation of the problem Can a grandchild over the age of 18 be asked for guardianship according to the Marriage Law and the KHI? And is the judge's decision in accordance with the Marriage Law and the KHI? The research was carried out normatively, the descriptive nature of the analysis, sourced from secondary data, analyzed causatively and drew conclusions with deductive logic. The result is guardianship under the Marriage Law and KHI, there are significant differences. Where in the Marriage Law, guardianship applies if the age of the child is under 18 years old or unmarried or not under the power of his parents. The conclusion is that the pleading for the guardianship regarding the grandchild whose age above 18 years old using the Article 50 Number 1 of Marriage law is not precisely applied 2) The verdict that have been ruled out by the judge is not accordance with Article 50 Number 1 of Marriage Law.

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