Pengaruh Perma No 3 Tahun 2017 Terhadap Perkara Perceraian Di Pengadilan Agama (Tinjauan Putusan Perceraian di Pengadilan Agama Kabupaten Kediri)

Supreme Court has published PERMA No.3 Tahun 2017 about guidelines adjudicate, the case is Women dealing with the law that also reach divorcement in the religious courts that one of it is women. The shape of the case of this observation is about the difference decision who has made by umpire in this divorcement before and after set of PERMA No.3 Tahun 2017, also the problem in the implementation of PERMA No.3 Tahun 2107 decide the case of divorcement in the religious courts. The methods that used in this observation is yuridis-normatif (doctrinal). The result showed that this request of divorce’s decision there are some difference, after set of PERMA No.3 Tahun 2017 in request of divorce’s decision there are injunction to pay a living iddah, mut’ah, and madiyah before pledge of divorce. Meanwhile the decision lawsuit of divorce before and after enactment PERMA No.3 Tahun 2017 nothing difference. In this case umpire has many problem, so it cant be maximum to apply it

Perlindungan Hukum Terhadap Tenaga Kerja Outsourcing Berdasarkan UU No.13 Tahun 2003 Tentang Ketenagakerjaan (Studi Kasus di Koperasi Maju Bersama Klaten)

Legal protection can be interpreted as protection by law or protection by using legal institutions and advice to realize the legal objectives of justice, benefit, and legal security. This study aims to determine the legal protection provided by Maju Bersama Coopeative to the labour outsourcing. The legal protection of labour is regulated in Article 67-98 on Act of the Republic of Indonesia number 13 year 2003 concerning Manpower. This research uses descriptive Juridical Empiric method. Sources of data derived from the primary data that is direct interviews with the executive board of Maju Bersama Cooperative and secondary data derived from primary legal materials and secondary legal materials. Based on the results of the study, it can be concluded that: in providing legal protection 2 Maju Bersama Cooperative in collaboration with Tirta Investama (Ltd Company) and JAMSOSTEK (Social Security). There are 3 kinds of legal protection provided by Maju Bersama Cooperative namely: 1. Economical protection in the form of wages, 2. Social protection in the form of healthcare benefits, old-age benefits, death benefits, welfare program. 3. Technical protection in the form of occupational-injury benefits and occupational-security or occupational-safety benefits. In the recruitment of labour, Maju Bersama Cooperative uses a written agreement which contains agreements approved and signed by labour outsourcing and Maju Bersama Cooperative. In employing the labour, there is no specific agreement about working period in Maju Bersama Cooperative, but Maju Bersama Cooperative only gives the age limit for the labour that is 55 (fifty five) years, so for the labour who has reached the age of 55 (fifty five) years will be stopped

Vasektomi dan Tubektomi pada Keluarga Berencana dalam Perspektif Hukum Islam

This study aims to (1) identify and describe the implementation of vasectomy and tubal ligation in the view of Islamic law (2) to describe the view of Islamic law on the implementation of family planning (3) determine the MUI efforts to address the implementation of vasectomy and tubal ligation in the view of Islamic law. The research is descriptive using empirical normative approach. The data obtained through research around the Muhammadiyah University of Surakarta. Data were collected through the study of literature and data analysis wawancara.Teknis this study is a qualitative method. RESULTS: (1) perform vasectomy surgery and Tubektomi fatwa Indonesian Ulema Council is allowed but with the proviso, in principle permissible in Islam it is set within a descendant not disconnected. (2) Breakthrough for Vasectomy and Tubektomi is (a) should be counseling family planning followed by the rest of society so that all people can understand (b) before performing vasectomies is expected to consider the benefits and mudharatnya and consent by the husband / wife and famil

Proses Penyelesaian Pembatalan Perkawinan Karena Status Wali Nikah Yang Tidak Sah (Studi Kasus di Pengadilan Agama Karanganyar)

This study aims to determine the consideration in determining the evidence and the verdict on the case of cancellation of marriage because of the status of guardians are not valid and the consequences that arise after the marriage was canceled. The method used method normative approach with descriptive approach. Types and sources of data consists of primary data in the form of interviews and secondary form of literature. Data were collected through library research and field studies that create a list of questions and interview, then analyzed by qualitative analysis method. The results showed the judge in determining the verdict is based on evidence and facts the trial in accordance with Article 22 of Law No. 1 of 1974 and Article 21 paragraph (1) Compilation of Islamic Law (KHI), the judge decided to cancel the marriage issued by the Office of Religious Affairs Jumapolo Karanganyar not legal force, so that the marriage null and void. While the legal consequences after the marriage was canceled by Judgments Religion Karanganyar Number: 0004/Pdt.G/011/PA.Kra, is the marriage null and void and the marriage is deemed never existed, but not retroactive to the children who are born, husband or wife in good faith, except to the joint property when a marriage annulment based on the existence in the first marriage, and three other people as long as they acquire rights in good faith before a decision on the cancellation of the law has remained

Tinjauan Yuridis Terhadap Putusan Warisan Oleh Pengadilan Agama Surakarta

Penelitian ini merupakan suatu metode ilmiah yang dilakukan melalui penyelidikan dengan seksama dan lengkap terhadap semua bukti-bukti yang dapat diperoleh mengenai suatu permasalahan tertentu sehingga dapat diperoleh melalui suatu permasalahan itu. Tujuan penelitian yaitu (1) untuk mengetahui faktor apa saja yang mendorong terjadi sengketa warisan antara penggugat dan tergugat serta (2)memperoleh gambaran tinjauan hakim Pengadilan Agama Surakarta dalam memutus perkara warisan No : 0016Pdt.G/2009/PA.Ska. Berdasarkan pada penelitian diperoleh kesimpulan bahwa (1) faktor yang menjadi sengketa warisan adalah Salah satu dari pihak ahli waris menguasai harta warisan tanpa epengetahuan dari ahli waris lainnya, yang kemudian dalam hal ini disebut sebagai tergugat dan mengingat tergugat beragama kristen, dimana menurut ketentuan hukum Islam yang berlaku tergugat tidak berhak untuk mendapatkan warisan atau bukan merupakan ahli waris karena tergugat telah berbeda agama dengan si pewaris. Maka dengan sendirinya pihak tergugat ini gugur menjadi ahli waris dari si pewaris. (2) Tinjauan hakim Pengadilan Agama Surakarta dalam memutus perkara warisan adalah berdasarkan fakta yang ada tergugat bisa mendapatkan warisan dari ayahnya, karena mengingat tergugat pindah dari Agama Islam ke Agama Kristen sebelum tergugat menikah dengan istrinya yang kemudian ia menjadi murtad, Sedangkan tergugat tidak menjadi ahli waris dari ibunya karena ibu tergugat meninggal setelah tergugat menikah dan dikarunia anak yang sekarang sekolah disekolah kriste

Akad Utang Piutang Bahan Material Bangunan Prespektif Hukum Islam (Studi Kasus TB Karya Maju)

Akad is a bond or strengthening between several parties in certain respects, the bond can be concrete or abstract between the two parties who form a bond and there are pillars and legal requirements of the contract that must be fulfilled. To avoid conflicts in the future, the contract should be done in writing in this study. the author met the debt contract system verbally at the Karya Maju store. In the implementation of the contract, a legal relationship arises between the two parties, namely the rights and obligations that must be fulfilled by both parties. The approach method used in this research is qualitative, with the type of field research. The results of the research and discussion show that, 1) There are two factors that influence the number of defaults at the Karya Maju store, namely internal arising from within the store system itself and external ones that come outside the store's control, in handling receivables from the Karya Maju store, applying a tolerance system , deliberation and release. 2) seen from the perspective of the compilation of sharia economic law in chapter II, article 21, the implementation of the contract at the Karya Advance shop is not in accordance with the principles of the Al-kitabah (written) even though the pillars and conditions are met and when viewed positive law does not violate existing regulations because in article 1320 The Civil Code does not explain that the agreement must be carried out in writing or verbally. The number of notes that have not been collected is of course the main problem, so there needs to be legal certainty with the implementation of written agreements and the provision of guarantees or the transfer of the receivable system to third parties such as banks so that cases of default that cause many uncollectible notes can be avoided

Jaminan Terhadap Nafkah Anak Akibat Dari Perceraian PNS (Studi Putusan Nomor 0742/Pdt.G/2012/Pa.Ska)

Judges have absolute freedom in deciding a case. The judge in deciding a divorce case based on the consideration of evidence in accordance with the Civil Code and PP 9 Year 1975 on Implementation of Law No. 1 of 1974 About Marriage. In this research using empirical juridical legal approach descriptive type of research. Conclusion of the study explained: (1) Consideration of the judges in favor of divorce done by civil servants based on the recognition of the evidence in accordance with Article 19 letter f PP 9 In 1975 and the evidence of witnesses pursuant to Article 1907 of the Civil Code. (2) Consideration of the judge in determining the rights of children living contained in the convention of children's rights and the consideration of judges under Article 229 of the Civil Code regarding the ability of ex-husband or ex-wife who care for children

Perlindungan Hukum Oleh Negara Terhadap Penyediaan Produk Pangan Halal

Halal food is food that meets the Islamic Sharia both in terms of raw materials or additional ingredients used and how to produce them, so that these foods can be consumed safely by Indonesian people who are predominantly Muslim consumers. The purpose of this study is to find out how the legal protection and supervision carried out by the government for the supply of halal food products in circulation. The approach method used is empirical juridical, to study the application of legislation related to halal food with the results of interviews that have been conducted. The results of this study indicate that as businesses must carry out their duties and obligations properly in accordance with applicable regulations in order to provide services to consumers to obtain their rights, and the government as a supervisory institution must optimize its duties in overseeing every food product circulating in Indonesia

Pemanfaatan Lahan Terlantar Dalam Upaya Mendukung Ketahanan Pangan Tinjauan Hukum Positif Indonesia dan Hukum Islam

In this writing, I am linking abandoned land for the sake of food security. Indonesia as a country that is called an agrarian country it’s not able to meet all the food needs of the Indonesian people. Indonesia is big enough to import food items which impact on price fluctuations the food. One solution could be offered in support of food security is by utilizing the existing land abandoned well. Research purposes, first, to know the management of food security related land abandoned by Indonesian laws. Second, to know the management of abandoned land related food security according to Islamic law. This study uses normative doctrinal approach is data obtained were analyzed based on the applicable law in Indonesia. According to the Indonesian positive law, the management of abandoned land in the hands of the National Land Agency, while according to Islamic law abandoned land management is highly recommended by anyone who wants to manage or in Islam is also called the Ihya 'al-Mawat, in some way mukharabah or muzara'ah. Keywords: Abandoned land, Food security, Ihya’al-mawa

Efektivitas Badan Penasehat Pembinaan Dan Pelestarian Perkawinan (BP4) Dalam Upaya Mencegah Perceraian (Studi Kasus KUA Kecamatan Alla Kabupaten Enrekang)

The Advisory Board for the Guidance and Preservation of Marriage (BP4) is an institution that has the main function and duty to provide advisors and reconcile married couples in whose household there is a dispute and provide guidance to couples who will enter into marriage. BP4 which was established on January 3, 1960 recognized that the BP4 is the only agency engaged in marriage advisory, reducing divorce rates and improving the quality of marriages. This study aims to determine the effectiveness of the BP4 at the Office of Religious Affairs, implementation and obstacles in preventing divorce in Alla District. This research uses descriptive qualitative method. This research was conducted by analyzing the data that had been collected using an empirical juridical appoach as primary data and using laws and previous research as secondary data. The conclusion of this study is to show that the effectiveness of BP4 which was taken over by the head of the Office of Religious Affairs has been running optimally