Towards Legal Justice: Expanding Criteria for Obligatory Bequests in Unregistered Wives in Polygamous Marriages

Rethinking Polygyny: Co-Wives, Codes, and Cultural Systems [and Comments and Reply

This article outlines the system approach in solving the problem without court permission polygamous marriage with normative and sociological approaches. The results obtained by the understanding that the discussion of problem solving polygamous marriage without court permission, not only handled / disconnected by using a normative approach, but must be completed / decided by other considerations, such as solving / conflict with empirical and philosophical approach as a complete system, so that a decision completed / solved by law enforcement and justice (judge) promoting a sense of justice for the people / society. Mistake in making decisions, will lead to bad consequences in the lives of families / households and communities.

The research problem is why the perpetrator committed the criminal act of insulting Jokowi, the President of the Republic of Indonesia through social media. How to implement criminal sanctions against perpetrators of criminal acts of insulting Jokowi, the President of the Republic of Indonesia through social media. According to the results of the research on the factors causing the perpetrator to commit hate speech crimes on social media, among others, the psychological factors of the individual itself can cause crimes such as emotional power, low mental health, hurt with the victim, revenge, the public's ignorance factor is also the cause of hate speech crimes. especially the insults committed on social media. The implementation of criminal sanctions for cases in this study is that after paying attention to the criminal elements the defendant has been convicted of a criminal act of insulting the President according to the prosecutor's demands. The defendant was proven to have fulfilled the elements of Article 207 of the Criminal Code. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying norms or rules, while the empirical approach is carried out by interviewing the sources. Efforts to further examine the Crime of Insulting the President, for example the Articles of President Defamation which can be aggravated. The quality of the crimes of humiliation of the President continues to increase. Therefore, it is necessary to improve facilities and infrastructure in law enforcement. This includes improving the capacity of law enforcement officers, namely: Police, prosecutors, judges and advocates, for example in mastery of information technology. To be able to anticipate or at least minimize criminal acts of insulting the President, the government, especially Judges, must firmly impose sanctions in the form of heavier penalties for each perpetrator of the president's insult so that the sanctions given can actually have a clear effect on those who have done them and can make fear for a person who has not committed a criminal act of insulting the President.
 The research problem is why the perpetrator committed the criminal act of insulting Jokowi, the President of the Republic of Indonesia through social media. How to implement criminal sanctions against perpetrators of criminal acts of insulting Jokowi, the President of the Republic of Indonesia through social media. According to the results of the research on the factors causing the perpetrator to commit hate speech crimes on social media, among others, the psychological factors of the individual itself can cause crimes such as emotional power, low mental health, hurt with the victim, revenge, the public's ignorance factor is also the cause of hate speech crimes. especially the insults committed on social media. The implementation of criminal sanctions for cases in this study is that after paying attention to the criminal elements the defendant has been convicted of a criminal act of insulting the President according to the prosecutor's demands. The defendant was proven to have fulfilled the elements of Article 207 of the Criminal Code. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying norms or rules, while the empirical approach is carried out by interviewing the sources. Efforts to further examine the Crime of Insulting the President, for example the Articles of President Defamation which can be aggravated. The quality of the crimes of humiliation of the President continues to increase. Therefore, it is necessary to improve facilities and infrastructure in law enforcement. This includes improving the capacity of law enforcement officers, namely: Police, prosecutors, judges and advocates, for example in mastery of information technology. To be able to anticipate or at least minimize criminal acts of insulting the President, the government, especially Judges, must firmly impose sanctions in the form of heavier penalties for each perpetrator of the president's insult so that the sanctions given can actually have a clear effect on those who have done them and can make fear for a person who has not committed a criminal act of insulting the President.


 
 
 The practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study aims to find the main issues that underlie the occurrence of the practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study is field research. The research method used is descriptive qualitative research, namely a type of research that provides a systematic and factual description of situations and events regarding factors, characteristics and relationships between phenomena, with theoretical, normative and empirical juridical approaches. This study concluded that the implementation of polygamy without a permit in East Bacan District was carried out through cases of premarital pregnancy and coupled with low public awareness regarding the importance of marriage procedures. The limited budget and human resources owned by the East Bacan District KUA in conducting outreach to the people of East Bacan District have triggered the lack of attention from the Office of the Religious Affairs Office of Bacan District to minimize the incidence of polygamy without a permit in East Bacan District. The implementation of polygamy without a permit in East Bacan District had legal impacts, including the weak legal status of marriage, the absence of birth certificates for children born in polygamous marriages without permission.
 
 

This article examines the legal conflicts associated with marriage validation (isbat nikah) in the context of polygamous marriages, particularly in relation to the Supreme Court Circular Letter (SEMA) No. 3/2018 and its implications for biological justice. SEMA No. 3/2018 mandates the rejection of isbat nikah applications based on informal or unregistered marriages to uphold legal certainty. The study employs normative research methods, incorporating conceptual, statutory, case, and comparative approaches. The conceptual approach is utilized to explore theories of biological and procedural justice. The statutory approach analyzes relevant legal provisions, with a focus on SEMA No. 3/2018 and marriage law. The case approach provides an in-depth analysis of two pivotal court decisions: the Cilacap Religious Court Decision No. 0430/Pdt.P/2019/PA.Clp and the Supreme Court Decision No. 223/K/Ag/2020. The comparative approach evaluates how these cases illustrate differing applications of the law. Data are analyzed qualitatively and descriptively to uncover and understand disparities in the application of justice. The study critically assesses the implications of SEMA No. 3/2018 on biological justice, highlighting the need for not only legal recognition of marriages but also robust protection of all parties' rights. The findings reveal significant deficiencies in the current legal framework, advocating for a more nuanced approach that reconciles legal recognition with the protection of biological rights. The research offers comprehensive recommendations for policymakers and legal practitioners aimed at enhancing legal provisions for individuals in unregistered polygamous marriages. These recommendations emphasize the importance of fostering dialogue among legal experts and updating regulations to ensure both procedural and substantive justice. Theoretical implications suggest that procedural and biological justice may conflict in the realm of isbat nikah in polygamous marriages, necessitating a more integrated and holistic legal approach to achieve substantive justice for all involved parties.

This article aims to analyze the regulations regarding compulsory bequests (wasiat wajibah) in the Islamic inheritance system in Indonesia, particularly concerning non-Muslim heirs. The primary focus is to understand how Indonesian jurisprudence and regulations respond to and accommodate the inheritance rights of heirs of different religions. The methodology used in this research is a normative juridical approach, encompassing legislative analysis, case law, and examination of legal documents such as the Compilation of Islamic Law (KHI) and Supreme Court decisions. The findings reveal that although traditional Islamic legal sources like the Quran, Sunnah, Ijma, and Qiyas have not yet accommodated compulsory bequests for non-Muslim heirs, the development of Indonesian jurisprudence has begun to recognize these rights. Supreme Court rulings, such as Decision Number 368 K/Ag/1995 and Number 51 K/Ag/1999, have paved the way for the acknowledgment of compulsory bequests to non-Muslim heirs. These decisions indicate the judges' efforts to balance justice and equality in a pluralistic society. The regulation of compulsory bequests in Indonesia has experienced significant development by including non-Muslim heirs in the inheritance scheme through compulsory bequests. This reflects the adaptation of Islamic law to the evolving social context and demonstrates the commitment of Indonesian judicial institutions to interpreting the law in a more inclusive and equitable manner. This jurisprudence is crucial for providing justice to all parties, regardless of religious differences, and showcases the flexibility of Islamic law in addressing contemporary societal needs.

The government's COVID-19 measures, including a nationwide lockdown and social distancing, presented a challenge for Johane Marange Apostolic Church (JMAC) in their implementation. Unfortunately, the women in the church could not voice their concerns about the leadership's shortcomings in this area. This study utilizes Gender justice theory to investigate how JMAC's teachings on polygamous marriages impacted the mental health of women during the pandemic. Through purposive sampling, interviews, and secondary sources, it was discovered that women in polygamous marriages in JMAC struggled mentally during COVID-19 due to their roles as wives and their positions in the church. While the church allows polygamous marriages, the study suggests that women's decision-making power should be elevated, and men should take more responsibility as breadwinners. The study also recommends that the church's teachings should be more adaptable during future pandemics to improve the mental health and well-being of women. Ultimately, the study proposes that congregants should be free to choose. The implication of the study will be for a paradigm shift in the beliefs and practices of JMAC, which encourage polygamy and result in mental health challenges during pandemics like COVID-19.

This article examines the barriers to inheritance in the context of the science of roses, with a specific focus on the impact of religious differences between heirs. Utilizing a normative juridical approach and employing library research, the study analyzes Islamic law's position on non-Muslim heirs' right to inherit property from Muslim heirs. The research findings reveal that Islamic law emphasizes the principle that non-Muslim heirs are generally excluded from inheriting assets as outlined in the Qur'an, Hadith, and Compilation of Islamic Law. Furthermore, the article explores a case study decision by the East Jakarta Religious Court (case number 1578/PDT.G/2010/PA. JT) that upheld the exclusion of non-Muslim heirs based on formal legal provisions, including the principle of Islamic personality and the nebis in idem case. The judge's decision has raised normative concerns as it appears to contradict the rules stated in the religious texts. The implications of this study shed light on the intersection of religious differences and inheritance rights within the Islamic legal framework.

The Islamic inheritance system has not fully accommodated the problem of inheritance distribution in the reality of society, especially the rights of non-Muslim heirs. Therefore, in several of its decisions, the Supreme Court of the Republic of Indonesia grants rights to non-Muslim heirs through wasiat wajibah. This study discusses wasiat wajibah in Islamic Law and Positive Law and the method of finding law used by Supreme Court judges in rulings on non-Muslim heirs. The research method uses normative juridical with a legislative, conceptual and case approach. The results of the study show that Islamic law (Quran, Hadith and Fiqh) has expressly regulated the provisions for the settlement of inheritance between heirs, the procedure for the division and transfer of the heir's property to the heirs, as well as the reasons for obtaining a share of the inheritance as well as the reasons that hinder the heirs. The method of legal discovery used by the Supreme Court Judges in the decision of non-Muslim heirs uses an extensive interpretation with a deepening of the Compilation of Islamic Law concerning wasiat wajibah for adopted children and adoptive parents. Wasiat Wajibah are a way out to get a share for non-Muslim heirs, because the recipients are not hindered due to religious differences. This decision is an extension of the Compilation of Islamic Law on wasiat wajibah . The Supreme Court's decision can be used as a reference for the Religious Court in deciding the same case.

This study discusses the civil rights of children outside the mating due to confirmation of marriage polygamy, Problems taken author in this thesis is how the legal protection of children outside marriage related his civil rights especially on custody of marriage and inheritance rights to men as fathers biological, because the Indonesian Constitution the Act of 1945 and other regulations related to children's rights requires such a case, article 28 B (2) the result of amendments to the Act of 1945 states Every child has the right to live, grow and develop and is entitled to protection from violence and discrimination, as well as the norms of Islamic law every child born in the holy predicate attached to him ( Fitrah ), so that the civil rights of Islam also guaranteed, regardless of whether the child was born out of and / or as a result of a legal marriage or a result of Sirri Marriage. The research method used by writer is a normative juridical approach where the study was conducted based on legal materials main by way of studying the theories, concepts, principles of law, rule of law, court decisions and legislation relating to this study. The results showed that based on the decision number: 99 / Pdt.G / 2018 / PA.Rbg, in the case of confirmation polygamous marriage, civil rights children outside marriage (polygamy) or Sirri equal to the rights of children born and / or result polygamous marriage is official, so that the legal rights of children outside marriage in the decision on child custody and inheritance rights equal to other biological children were born of the first marriage. thus based on the decision of the civil rights of children protected by law, to get justice, and the certainty of the status and civil rights. Keywords: Civil Rights of Children Outside Marriage; Sirri Polygamy; Rights of Guardianship And Inheritance.

This research highlights the legal complexity related to the division of joint assets in marriage, both in the context of monogamy and polygamy, with a focus on the provisions of Article 35 paragraph 1 of Law No. 1 of 1974 and Article 65 paragraph (1) point (b) of Law No. 16 2019. Through a normative juridical approach and analytical descriptive methods, this research examines how assets obtained during marriage are recognized as joint assets without considering individual contributions, as well as the implications of the division of assets in polygamous marriages where each wife is entitled to a fair share according to Islamic law. Implementation of this law requires in-depth understanding and consistent enforcement from the relevant parties to ensure justice and harmony within the family.Keywords: Joint Property, Polygamy, Islamic Law

Article 35 of the Marriage Law paragraph (1) states: Community property is property acquired by a couple during marriage. KHI article 94 states that community property in polygamous marriages is separated and independent. However, there is an opinion stating that article 94 is unfair for first wife, because they received the least portion among the other wives. In fact, first wife accompanied her husband for a longer time, and continued to accompany him in the next marriage. Of course it is considered unfair because first wife suffer the most, especially in terms of mental condition, because no woman is actually willing to share her husband with other women. The technical administration and technical guidelines for the Religious Courts are applied in the Religion Court based on the decision of the Chair of the Supreme Court of Republic of Indonesia Number: KMA/032/SK/IV/2006 concerning the implementation of "Book II Guidelines for Implementation of Duties and Administration of Religious Courts". It has been revised in 2006, 2010, and 2013. It was incomplete norm because Marriage Law does not explain the division of community property in polygamous marriages. It only contains the requirements of polygamy, so that it is not legal and could not protect the wife. The research method used by the author in this study was normative or doctrinal legal research. It was concluded that division of community property is the absolute requirement in polygamy, in order to protect the rights of wives. It is based on Marriage Law, Compilation of Islamic Law and Supreme Court Decision of the Republic of Indonesia Number KMA/032/SK/IV/2006. In terms of polygamy, Religious Courts also provide a verdict in the form of stipulation of community property. This is in line with the concept of legal protection which provides protection through legal certainty and guarantees justice for wives. Keywords: legal protection, polygamy, community property. DOI : 10.7176/JLPG/94-23 Publication date : February 29 th 2020

The general rule regarding the validity of foreign marriages followed by most US courts is that a marriage if validly performed is valid everywhere. But there are exceptions based on public policy. Thus, while a non-incestuous, monogamous marriage performed in a Muslim country between consenting adults would be recognized in the United States, a polygamous marriage most likely will not. Bigamy is a crime in all states, although the husband is rarely prosecuted unless there are other factors, e.g., spousal abuse or fraud. The U.S. Constitution’s protection of an individual’s religious rights might be asserted as a basis for allowing Muslim men to have more than one wife but it seems unlikely to succeed as the Supreme Court rejected a similar argument in a case involving a Mormon man who had several wives as permitted by his religion. However, several state supreme courts have recently held that a State cannot constitutionally ban same sex marriages; this article explores the possibility that similar bans on polygamous marriage might be held to be unconstitutional. The article also explores the difficulties encountered in attempting to have a US court give effect to a Ṭalāq divorce, especially where the Ṭalāq is not confirmed by a court or other judicial body.

Indonesia as a constitutional state and has a state foundation, namely Pancasila, which is the basis for various countries in determining policies for the state. Protection of children as the nation's next generation should be improved considering that in the current era there are more and more cases of violence, sexual harassment, and other crimes that make children the object of violence itself. One form of prevention is by issuing policies in the form of laws and regulations that provide strict sanctions against the perpetrators. This study uses a Normative and Empirical Juridical approach. The normative approach is carried out on matters that are theoretical in legal principles, while the empirical approach is an attempt to obtain clarity and understanding of research problems based on existing realities or case studies. The results of the research obtained related to the implementation of the restitution rights of children victims of sexual crimes must go through 3 stages, namely the first, the formulation stages have been carried out properly with the passing of PP No.43 of 2017. The second stage of application has not been carried out optimally because many law enforcement officers do not understand Regarding the implementation of restitution and the limitation on the economic capacity of the perpetrator to pay restitution, it is also an obstacle in its execution. The three stages of execution are maximal because the execution by the prosecutor has been carried out after the decision has permanent legal force (incracht). The implication can be seen from the victim's point of view that their rights are fulfilled from the existence of this policy. The suggestions that can be conveyed in this research are that the restitution execution process should be regulated as well as the execution of replacement money in a Corruption Crime Case. So if the perpetrator who is determined to pay restitution does not want to voluntarily pay the restitution, the prosecutor's office can find assets owned by the perpetrator to be confiscated instead.

Application of Obligatory Wills for the non-Muslim Heirs (Study Case No.16K/AG/2010). The basic consideration for the Supreme Court for giving the obligatory wills to the non-muslim heirs is based on case No. 16K / AG / 2010 are based on the principles of justice, where husband and wife have long been fostering harmony and peace within a family; Relevance of obligatory wills against the contemporary reality is very relevant for the creation of peace-oriented to the benefit, which means that the enforced of obligatory wills for the non-Muslim heirs will give a bit of space in the fulfillment of their rights that are blocked according to Islamic law. This means that the discovery of the law by judges more oriented to justice and legal values in society, so that the jurisprudence of the Supreme Court to be a barometer on the court and appeal in the provision of obligatory wills for non-Muslim heirs. It is expected that the government to create legislation for obligatory wills more comprehensive as necessary in answering the demands of the times, especially for non-Muslim heirs.