A Treatise on the Law of the Domestic Relations, Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and Servant

Ardemus Stewart; James Schouler

doi:10.2307/3305626

Cases on the Law of Persons and Domestic Relations

Harvard Law Review ◽

10.2307/1331562 ◽

1934 ◽

Vol 47 (5) ◽

pp. 897

Author(s):

George B. Eager ◽

William E. McCurdy

Keyword(s):

Domestic Relations ◽

The Law

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Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

VISA: Journal of Vision and Ideas ◽

10.47467/visa.v1i1.761 ◽

2021 ◽

Vol 1 (1) ◽

pp. 68-77

Author(s):

Puspa Fitriyah

Keyword(s):

Legal Protection ◽

Legal Liability ◽

Legal Certainty ◽

Citizenship Status ◽

Credit Guarantees ◽

Personal Status ◽

The Will ◽

The Law ◽

Joint Property ◽

Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

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PREWEDDING PHOTO PROCESSION AND THE ROLE OF THE FAMILY IN THEM

Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial ◽

10.22373/dusturiyah.v10i2.8251 ◽

2020 ◽

Vol 10 (2) ◽

pp. 246

Author(s):

Aulil Amri

Keyword(s):

Islamic Law ◽

Religious Values ◽

Religious Knowledge ◽

The Family ◽

Marriage Contract ◽

The Law ◽

Husband And Wife ◽

As If

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.

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SETTINGS OF INNATE AND JOINT ASSETS IN DIVORCE CASE BY LAW NUMBER 1 OF 1974 OFMARRIAGE IN THE IMPLICATIONS OF RELIGIOUS COURTS DECISION CLASS IA OF BENGKULU CITY NUMBER: 0289/PDT.G/2016/PA.BN

Bengkoelen Justice : Jurnal Ilmu Hukum ◽

10.33369/j_bengkoelenjust.v9i2.9985 ◽

2020 ◽

Vol 9 (2) ◽

pp. 252-271

Author(s):

Widya Eka Putri ◽

Akhmad Muslih ◽

Adi Bastian Salam

Keyword(s):

External Factors ◽

Research Results ◽

Domestic Relations ◽

Marriage Ceremony ◽

Internal And External Factors ◽

Religious Courts ◽

Descriptive Method ◽

Husband And Wife

Marriageraisesrights and obligations to husband and wife. The rights and obligations existing before the divorce are created from their marriage ceremony. The rights and obligations are contained in the provisions of Qur’an. To avoid conflict divorce is not an easy thing, it is motivated by several factors that cause a domestic relations be cracked even ended in divorce. The purpose of this research is to understand and analyze the factors that hinder the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu. Analyzing theproblems in this study, researchers used a analysis descriptive method to produce the research results showingfactors that inhibit the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu consisted of internal and external factors.

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Urgensi Penyerapan Nilai Hukum Islam dan Hukum Adat dalam Pengaturan Tindak Pidana Perzinaan

Undang Jurnal Hukum ◽

10.22437/ujh.4.1.125-157 ◽

2021 ◽

Vol 4 (1) ◽

pp. 125-157

Author(s):

Usman Usman ◽

Sri Rahayu ◽

Elizabeth Siregar

Keyword(s):

Marital Status ◽

Criminal Code ◽

Basic Form ◽

Living Together ◽

Customary Laws ◽

Itu Model ◽

The Law ◽

Definition Of ◽

The Impact ◽

Husband And Wife

Reflecting on the impact of adultery, adultery is a despicable act that deserves to be criminalized. Even so, the prohibition on adultery in Article 284 of the Criminal Code does not cover every form of adultery as in the view of the law that lives in society as reflected in Islamic and customary laws. The model for the formulation of the criminal act of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it does not yet view the perpetrator's marital status and pregnancy as burdensome elements. Likewise, it does not criminalize women who with their consent commit adultery because of trickery, and lightly penalize the perpetrators of living together as a family without being married. Therefore, the model for the formulation of the criminal act of adultery in the upcoming Criminal Code Bill should take into account: a) the marital status of the perpetrator and pregnancy as elements that are burdensome for the crime; b) a woman who with her consent commits adultery because of a trick is both a victim and a perpetrator so that she can be convicted; c) persons who live together as husband and wife outside of marriage should receive a heavier punishment than the basic form of adultery. Abstrak Bercermin dari dampak perzinaan, maka perzinaan merupakan perbuatan tercela yang pantas dikriminalisasi. Meskipun demikian, larangan perzinaan dalam Pasal 284 KUHP belum mencakup setiap bentuk perzinaan sebagaimana dalam pandangan hukum yang hidup dalam masyarakat yang tercermin dari hukum Islam dan hukum adat. Model perumusan tindak pidana perzinaan dalam RUU KUHP tahun 2019 telah mengadopsi definisi zina dari hukum yang hidup dalam masyarakat, meskipun belum memandang status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan. RUU juga tidak mengkriminalisasi perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat, dan memidana ringan pelaku hidup bersama sebagai keluarga tanpa nikah. Oleh karena itu model pengaturan tindak pidana perzinaan dalam RUU KUHP mendatang sebaiknya memerhatikan: a) status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan pidana; b) perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat merupakan korban sekaligus pelaku sehingga dapat dipidana; c) orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan seharusnya mendapat pidana lebih berat dibanding jenis perzinaan dalam bentuk pokok.

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Analisis Atas Keabsahan Perkawinan Beda Agama

Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat ◽

10.30743/jhk.v19i1.1909 ◽

2019 ◽

Vol 19 (1) ◽

pp. 85-93

Author(s):

Hamdan Nasution

Keyword(s):

Marital Status ◽

Legal System ◽

Marriage Law ◽

Interfaith Marriage ◽

Interfaith Marriages ◽

The Law ◽

Husband And Wife

Marital status of different religions in the legal system in Indonesia is illegitimate. Marriage Law Number 1 of 1974 in Article 2 paragraph 1 reveals that marriage is legal if it is carried out according to the law of each religion and belief. It means that marriage can only take place if the parties (future husband and wife) follow the same religion. From the formulation of Article 2 paragraph 1, there are no marriages outside their respective laws and beliefs. Interfaith marriages are held abroad. Keywords: Analysis, Legitimacy, Interfaith Marriage

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KEDUDUKAN HARTA PERKAWINAN SETELAH PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM

Res Judicata ◽

10.29406/rj.v2i2.1750 ◽

2019 ◽

Vol 2 (2) ◽

pp. 288

Author(s):

Iskandar Laka

Keyword(s):

Marriage Law ◽

Marital Property ◽

The Law ◽

Definition Of ◽

Husband And Wife

The definition of property in marriage according to Law Number 1 of 1974 concerning marriage is abbreviated (Law No. 1 Year 1974) in Article 35 states that the property obtained in marriage becomes a joint asset, while the subordinate assets of each husband or wife and property acquired by each husband or wife as a gift or inheritance under their respective supervision insofar as the parties do not determine otherwise. According to Article 37 of Law Number 1 Year 1974 concerning abbreviated marriage (Law No. 1 Year 1974), it is explained that: "If marriage breaks out due to divorce, joint assets are regulated according to their respective laws, while for legal matters this marriage property often gets less attention in a marriage. The law of marital property has only recently received attention after a dispute between husband and wife who have broken up in marriage, so that in order to solve the problem of the marriage property an institution which is in it is needed to solve the problem, namely the Religious Court.

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