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Sewa Menyewa Tanah Warisan Tanpa Izin Ahli Waris Yang Lain Julkipli Sameth; Merry Tjoanda; 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.v1i1.10829

ABSTRACT: Therefore, if one of the heirs makes a transaction on the inheritance, they must obtain permission or approval from the other heirs. However, in reality there are still heirs who carry out transactions on inheritance without permission or approval from other heirs, as happened in the case of land leases carried out by Johanis Salamahu and Mrs. Magdalena Peilaouw with PT Haka Aston, where Johanis did not involve heirs. Other, The method used in this paper is a normative juridical method with a statutory approach and a conceptual approach. The results of the study show that there is no regulation that specifically regulates the procedure for leasing land which is jointly owned by the heirs. However, in general, the things that should be considered are that the agreement must be known to all heirs, the existence of a power of attorney for the heirs for someone who is given the right to lease the inherited land, the existence of the area, address and location of the object of the agreement, the time period, the agreed price, and land use. While the legal consequences arising from the existence of an Inherited Land Lease Agreement by one of the heirs with PT Haka Aston without the knowledge of the other heirs, namely the agreement must be declared null and void because objective conditions are not met, namely a certain matter. One thing is certain, namely the rights and obligations of the other heirs are not fulfilled, because the land which is the object of the lease is jointly owned by the heirs, so to be able to lease it, you must obtain permission or approval from the other heirs.

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.

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.

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