scholarly journals Pembuatan dan Pengesahan Perjanjian Perkawinan Melalui Penetapan Pengadilan dan Notaris Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

2019 ◽  
Vol 4 (1) ◽  
pp. 93
Author(s):  
Hеndhy Timex ◽  
Suhariningsih Suhariningsih ◽  
Rаchmі Sulіstyаrіnі
Keyword(s):  
Legal Protection ◽  
Constitutional Court ◽  
Legal Certainty

This article aims to examine the issuance marriage agreement based on the Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015. This study is a normative research with statute and cases approach. The Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015 provides that the marriage agreement which has been made either through a court or notary request must still be recorded and passed to the Population and Civil Registry Office. It aims to provide legal certainty and legal protection for every side.

scholarly journals Implementation Agreement By Mixed Marriage Based On Act No. 1 of 1974 Concerning Marriage After Constitutional Court Ruling No. 69 / PUU-XIII / 2015 (Study of Notary Role)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 829
Author(s):  
Riyanto Riyanto ◽  
Arief Cholil
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
Court Ruling ◽  
Legal Certainty ◽  
Mixed Marriages ◽  
Legal Implications ◽  
Ownership Rights

Abstract. The bride and groom's candidate before the marriage takes place, can make a "Marriage Agreement" to provide legal certainty related to property and for legal protection against third parties. Primarily for mixed marriages, the bride and groom are subject to two different legal systems according to their nationality. , the agreement made by the Marriage Agreement has been amended by the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 dated October 27, 2016. The positive implication for the intermarriage is that it can have land rights in the form of Ownership Rights (HM) and Right to Build (HGB) without having to divorce first. Then, this research intends to discuss the practice of the Implementation of Mixed Marriage Agreements based on Act No. 1 of 1974 concerning Marriage after the decision of the Constitutional Court Number: 69 / PUU-XIII / 2015. The purpose of this study was to describe the role of the notary in the deed Mating Agreement and its implementation after the decision of the Court in question, and to know the legal implications of the couples in mixed marriages. The method in this research is juridical empirical research methods.Keywords: Mating Agreement; Marriage Commingling; Deed; Decision of the Constitutional Court; Marriage Act.

scholarly journals LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Study Approach ◽  
Credit Agreement ◽  
Wheeled Vehicles ◽  
Legal Consequences

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

scholarly journals TRANSFORMASI PRINSIP DASAR JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

2021 ◽  
Vol 5 (2) ◽  
pp. 236
Author(s):  
Izzy Al Kautsar ◽  
Ahdiana Yuni Lestari
Keyword(s):  
Crucial Role ◽  
Legal Protection ◽  
Secondary Data ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Fundamental Condition ◽  
Notary Public

 Tujuan dari penelitian ini adalah untuk menganalisa sejauh mana peran notaris dalam pembuatan perjanjian fidusia, serta menganalisa kepastian hukum dan keadilan dalam pelaksanaan eksekusi obyek jaminan fidusia bagi para pihak pasca putusan Mahkamah Konstitusi nomor 18/PUU-XVII/2019. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, dan menggunakan data sekunder yang terdiri dari bahan hukum primer, sekunder dan tersier. Penelitian ini bersifat deskriptif untuk menggambarkan kedudukan notaris dalam pembuatan perjanjian jaminan fidusia serta pemenuhan asas kepastian hukum dan keadilan dalam pelaksanaan eksekusi obyek jaminan fidusia dalam Undang-Undang No 42 Tahun 1999. Penelitian ini menemukan bahwa peran notaris dalam pembuataan akta otentk jaminan fidusia dan pembebanan jaminan fidusia menjadi sangat krusial, alasanya, pemahaman dan interprestasi dari negoisasi para pihak harus dituangkan secara benar dan gamblang, khususnya mengenai klausul cidera janji. Pasca putusan Mahkamah Konstitusi a quo, Undang-Undang No 42 Tahun 1999 lebih memperhatikan perlindungan hukum bagi para pihak. Dalam hal pelaksanaan eksekusi, terjadi perubahan mengenai prinsip titel eksekutorial, mengharuskan syarat sukarela pada debitur untuk menyerahkan obyek jaminan.Kata kunci: Jaminan, Eksekusi, Kepastian Hukum, Notaris The purpose of this article aims to analyze the authority of a notary public in making fiduciary deeds, legal protection, and the execution of fiduciary guarantees after the Decision of Constitutional Court number 18/PUU-XVII/2019. This article uses a normative juridical approach, This normative research used secondary data consisting of primary, secondary, and tertiary legal materials. The research describes the posisition of notary in making notarial deeds, describe how is the legal protection for the parties in law no 42 of 1999 on fiduciary guarantee, and how to do the execution of fiduciary collateral object. The results of this article show that, the notary do a crucial role in making of a fiduciary guarantee deeds to determine the default contract, and fiduciary law should provide legal certainty and protection for the parties as a fundamental condition to fulfil the basic legal values, then the voluntary of debtor becomes a matter of concern in the execution of collateral fiduciary.Keywords: Collateral, Execution, Legal Certanity, Notary

scholarly journals Limitation of Application for Cancellation of Election Results Regional Head in Justice Perspective

2021 ◽  
Vol 8 (12) ◽  
pp. 262
Author(s):  
M. Abdim Munib ◽  
Made Warka ◽  
Slamet Suhartono
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Political Ethics ◽  
Legal Research ◽  
Substantive Justice ◽  
The Difference ◽  
Election Results ◽  
The Republic

The type of research used in this research is normative legal research. The ratio of legislative norms limiting applications for cancellation of regional head election results contained in Article 158 paragraph (1) and paragraph (2) of Law no.10 of 2016 is to ensure that the cases submitted are cases that have significance with the electability of pairs of candidates for regional head and deputy regional head and to avoid the large number of dispute requests submitted by pairs of candidates for regional head and deputy regional head who feel aggrieved to the Court Constitution. Second, Article 158 paragraph (1) and paragraph (2) of Law Number 10 of 2015 is an open legal policy that forms the law as an effort to encourage the development of an increasingly mature political ethics and culture. The existence of the threshold norm of the difference in votes in reality is not in line with the principle of protecting human rights as mandated in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, because it will hinder the rights of citizens to obtain legal protection and fair legal certainty.  Not all cases of dispute over the results of regional head elections that are submitted to the Constitutional Court meet the threshold for the difference in votes in Article 158 paragraph (1) and paragraph (2) of Law no. 10 of 2016. The breakthrough made by the Constitutional Court as an effort to realize substantive justice for justice seekers, but this condition creates legal uncertainty.

scholarly journals Legal Protection for Creditors in Money Loans Agreement Lending with Constitutional Court's Decision No. 69 / PUU-XIII / 2015

2019 ◽  
Vol 12 (3) ◽  
pp. 178
Author(s):  
Daniel Hendrawan ◽  
Christian Andersen ◽  
Theodora Novia Tjasa
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Certainty ◽  
Bad Faith ◽  
The Public ◽  
Legal Development ◽  
The Government ◽  
Legal Consequences

In Indonesia, the Marriage Agreement has long been valid and regulated in the legislation in Law Number 1 of 1974 concerning Marriage. Marriage Agreement regulates marriage property. In Article 29 paragraph (1) Law Number 1 Year 1974 concerning Marriage stipulates that marriage agreements must be made before the marriage takes place, but in 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 concerning changes to Article 29 paragraph (1), paragraph (3), and paragraph (4) of Law Number 1 of 1974 concerning Marriage which states that the Marriage Agreement can be made before, at the time of, and after the marriage takes place. The Constitutional Court ruling raises questions from various parties about how the legal consequences of the Marriage Agreement made after the marriage took place and what legal protection can be given to third parties on the Marriage Agreement which was made after the marriage took place. This study uses a normative juridical research method that is descriptive analytical based on the merging of primary, secondary and tertiary data acquisition. The results of this study indicate that the legal consequences of the Marriage Agreement made after the marriage took place will have legal consequences for the parties themselves, assets, and also for third parties. Legal protection that can be given to creditors is to pay attention to the element of good faith in each loan agreement making so that creditors will be protected by themselves, if one of the parties making the loan agreement has bad faith, the loan agreement will automatically be canceled law because it does not meet the objective requirements. The author's hope for this research is that the government can provide further regulation regarding the Constitutional Court Decision Number 69 / PUU-XIII / 2015 so that the public gets legal certainty in the implementation of the Decision and for the community the writer recommends restraint in carrying out the Decision until the regulation further from the government. Finally, the authors hope that this research can benefit the world of legal development in Indonesia.

scholarly journals Implementation of the Constitutional Court Decision Regarding the Execution of Fiduciary Guarantees and Inclusion of Default Clauses in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 33-38
Author(s):  
Siti Malikhatun Badriyah ◽  
◽  
R. Suharto ◽  
Marjo Marjo ◽  
Retno Saraswati ◽  
...  
Keyword(s):  
Research Method ◽  
Civil Law ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Regulations ◽  
Legal Certainty ◽  
Legal Norms ◽  
Legal Principles

The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement.

scholarly journals Rekonstruksi hukum kewarisan anak dari perkawinan sirri di pengadilan agama

2016 ◽  
Vol 16 (1) ◽  
pp. 27
Author(s):  
Supriyadi Supriyadi
Keyword(s):  
Legal System ◽  
Legal Protection ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Inheritance Law ◽  
The Status ◽  
Religious Courts

Children born out of marriage Sirri has a different position with children from other marriages. Son ofmarriage Sirri, in the perspective of religion is legitimate, but legally is not recorded in the Office ofReligious Affairs. The existence of child in the marriage Sirri must get legal certainty and the protectionof law. Decision of the Constitutional Court (MK) has provided certainty and legal protection, but ina religious court the verdict has not been granted a constitutional manner. Therefore it is necessary toreconstruct the inheritance law of children born out of marriage Sirri by incorporating Court decisionNo. 46 / PUU-VIII / 2010 as a source of law in the legal system of inheritance in religious courts. Lawshould provide protection and legal certainty to the status of a child born out of marriage Sirri andrights available to him, although the validity of the marriage is still in question.

scholarly journals PERLINDUNGAN HUKUM TENAGA KERJA KONTRAK DAN OUTSOURCING, SERTA PROBLEMATIKA IMPLEMENTASINYA

2021 ◽  
Vol 5 (2) ◽  
pp. 145-160
Author(s):  
Tri Budiyono
Keyword(s):  
Judicial Review ◽  
Legal Protection ◽  
Business Continuity ◽  
Constitutional Court ◽  
Labor Protection ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
The Law ◽  
The Relationship

The relationship between employers and workers tends to be characterized by a tension between the employers' and workers' interests. While the employers maintain business continuity to obtain optimal advantages, the workers demand to get decent wages or welfare. For example, the laborers have struggled through a constitutional way by submitting a judicial review of Law No. 13 of 2003 concerning Manpower. This research used a conceptual approach and a philosophical approach to observe the relevant legal material in the Constitutional Court's decision to obtain legal guarantees with more legal certainty. In conclusion, this research found that: (a) The phrase 'for the sake of the law' should have granted the laborers more legal protection. However, it still creates multiple interpretations that lead to the loss of certain legal protections. (b) The Constitutional Court, through its decision, has laid the basis of legality with more legal certainty through the implementation of labor protection norms gradually. (c) Even though the Constitutional Court's decision has already provided legal certainty normatively, the uncertainty of legal protection still exists in practices.

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

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