IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 64/PUU-X/2012 TERHADAP KEMASLAHATAN DALAM PEMBAGIAN HARTA BERSAMA

NABILA RAHMA ROIHANI, S.H., NIM. 18203010094 (2021) IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 64/PUU-X/2012 TERHADAP KEMASLAHATAN DALAM PEMBAGIAN HARTA BERSAMA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 64/PUU-X/2012 TERHADAP KEMASLAHATAN DALAM PEMBAGIAN HARTA BERSAMA) 18203010094_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 64/PUU-X/2012 TERHADAP KEMASLAHATAN DALAM PEMBAGIAN HARTA BERSAMA) 18203010094_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB)

Abstract

The decision of the Constitutional Court No. 64/PUU-X/2012 was born due to judicial review of Article 40 Paragraph (1) and (2) of the Banking Law to the Constitutional Court. The Banking Law has not accommodated the interests of divorce, especially regarding the distribution of joint property held in the form of deposits and savings. Bank confidentiality does not include exceptions to the provisions of shared assets whose objects are stored in the bank, while shared assets are constitutional rights guaranteed in Article 28 G paragraphs (1) and 28 H paragraph (4) of the 1945 Constitution. The judge granted the application to Article 40 paragraph (1) and rejected the application against Article 40 paragraph (2) of the Banking Law. Formulation of the problem on the theme of this study, namely: 1) How is the legal argument of the Constitutional Court Judge in the Decision of the Constitutional Court no. 64/PUU-X/2012?; 2) How is the analysis of the Decision of the Constitutional Court No. 64/PUU-X/2012 in the perspective of Maqāşid Asy-syarī'ah?; 3) What are the implications of the Decision of the Constitutional Court no. 64/PUU-X/2012 on the benefit in the sharing of joint property? This thesis uses the method of literature research (library research). Research in this thesis is normative law research that is research conducted by analyzing the applicable legislation on certain problems. This thesis examines the implications of The Decision of the Constitutional Court No. 64/PUU-X/2012 using the Maqāşid asy-syarī'ahapproach, because maqāşid asy-syarī'ah's goal is to realize the welfare of mankind as a whole. According to Ash-Syāţibī, human benefit will be realized when the five main elements of human life, namely religion, soul, reason, descendants and property are preserved. The Constitutional Court in determining the decision no. 64/PUU-X/2012 explicitly does not use the Maqāşid asy-syarī'ahapproach, but of course the decision of the judicial review results also brings different benefits from the previous regulation because all legal provisions must be oriented towards the benefit of man, which is in line with the objectives of Maqāşid asy-syarī'ah. After the research, Maqāşid asy-syarī'ah in looking at the Decision of the Constitutional Court No. 64/PUU-X/2012 on the benefit in the case of the division of property can be included as the benefit of the ύar riyāt. In this case, the Decision of the Constitutional Court No. 64/PUU-X/2012 is in line with the aspects of hifύ al-māl (keeping property) and hifύ an-naṣl (keeping offspring). The implications of the Decision of the Constitutional Court No. 64/PUU-X/2012 that arises against the benefit in the sharing of shared property are for the welfare of the wife and the welfare of children. Accordingly, the Applicant may retain his constitutional right to protect the Applicant's personal property.

Share this knowledge with your friends :

Actions (login required)

View Item