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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Tahkim (Jurnal Peradaban dan Hukum Islam) Usroh: Jurnal Hukum Keluarga Islam JUSTISI: Journal of Law Al-Syakhsiyyah : Journal of Law and Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Bayani COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Syakhshiyyah Jurnal Hukum Keluarga Islam Mawaddah: Jurnal Hukum Keluarga Islam
Abdulah Pakarti, Muhammad Husni
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

 1 
The Position of the Van Dading Deed in the Settlement of Joint Property Disputes: Study of Decision 901/Pdt.G/2023/PA. Tmg Julisa Sistyawan, Dwanda; Abdulah Pakarti, Muhammad Husni; Kurniawan, Lexy Fatharany; Judijanto, Loso; Makkawaru, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8811

Abstract

This study aims to analyze the use of Van Dading deed in decision 901/Pdt.G/2023/PA. Tmg. Departing from the problem that the Van Dading Deed plays an important role in the settlement of joint property disputes in Indonesia, by providing legal certainty and an efficient settlement mechanism. This research is a doctrinal study with a case approach. This approach is used to analyze court decisions on Van Dading deeds. Legal materials are obtained from court decisions and to strengthen the analysis, this research also uses several scientific articles and research results related to this research issue in order to produce a sharp analysis. This study explores the legal position of Akta Van Dading in the Indonesian legal system, particularly in the context of joint property disputes. This deed, which is produced through mediation, has the same executorial power as a court judgment, ensuring that the agreement reached will be implemented without the need for additional litigation. A case example in this study is Decision 901/Pdt.G/2023/PA.Tmg, which demonstrates the effectiveness of Akta Van Dading in achieving an amicable and binding settlement. Through mediation facilitated by a mediator, the parties to the dispute were able to reach a fair and sustainable agreement. Thus, the Deed of Van Dading not only reduces the court's workload but also encourages faster settlements and lower costs. This research confirms the importance of Akta Van Dading as an essential legal instrument in achieving justice and legal certainty in the settlement of joint property disputes in Indonesia.
Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia Husain, Husain; Abdulah Pakarti, Muhammad Husni; Kadir, Taqyuddin; Noor, Tajuddin; Saputra, Edy
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.8996

Abstract

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a statute and case approach. Primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.
Co-Authors Abdurrohman, Yusup Banaesa, Iba Basuni, Ilyas Diana Farid Edy Saputra Elly Lestari Farid, Diana Fathiah, Iffah Hendriana Hendriana Hendriana, Hendriana Hilal Nu'man, Mohamad Husain Husain Iffah Fathiah Judijanto, Loso Julisa Sistyawan, Dwanda Kadir, Taqyuddin Kemal Al Kautsar Mabruri Kurniawan, Lexy Fatharany Kusmardani, Alex Mabruri, Kemal Al Kautsar Mukhlas, Oyo Sunaryo Noor, Tajuddin Nurdin, Rahmat Nuryamin Nuryamin, Nuryamin Nu’man, Mohamad Hilal Pian, Happy Ridwan, Ahmad Hasaan Saebani, Beni Ahmad Sofyan Mei Utama Sofyan Mei Utama, Sofyan Mei Syuhada, Otong Tajul Arifin Wahidin, Jenal Zulkifli Makkawaru