scholarly journals Perjanjian Kawin yang Tidak Didaftarkan dalam Perkawinan Campuran

2020 ◽  
Vol 1 (2) ◽  
pp. 271-275
Author(s):  
Desak Putu Kania Pratiwi ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Third Party ◽  
Mixed Marriage ◽  
Legal Certainty ◽  
Legal Research ◽  
Mixed Marriages ◽  
Legal Problems ◽  
The Status ◽  
Legal Position ◽  
Legal Consequence ◽  
Happy Family

Humans are naturally born as individual and social beings, destined to have a life partner to have offspring and made a happy family. In marriages, both marriages between countries or different nationalities have legal problems regarding injustice in exercising the rights and obligations of the husband or wife. The existence of a marriage promise is very important to protect these rights and obligations. This research explains how legal the status of the marriage agreement in marriage and the responsiveness the law of an agreement that is not registered. This research used normative legal research and analysis uses interpretative, systematic, and argumentative methods. Sources of data in this study are sources of primary and secondary legal materials. The result of the research is the legal position of the marriage agreement in mixed marriages, which is to provide legal certainty in carrying out legal actions on assets under control, either inherited or acquired after or during marriage, as well as providing protection for the rights and obligations of each party in managing the house stairs. Second, the legal consequence of a marriage agreement that does not register in a mixed marriage is that the marriage agreement is still binding on both parties, but the marriage agreement does not bind a third party or there is a legal action committed against the property under their respective control.

scholarly journals Perlindungan Hukum Bagi Kreditur Bank pada Perjanjian Kawin dalam Perkawinan Campuran

2020 ◽  
Vol 1 (1) ◽  
pp. 37-43
Author(s):  
Kadek Megah Bintaranny ◽  
I Nyoman Putu Budiartha ◽  
I Wayan Arthanaya
Keyword(s):  
Research Method ◽  
Married Couple ◽  
Legal Protection ◽  
Third Party ◽  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
Legal Consequences ◽  
Joint Property

The problem faced by the couple of a mixed marriage in Indonesia is that there are provisions in Indonesian law regarding the incorporating of assets immediately into joint property after the marriage. But on the other hand, there are laws regulating that foreigners may not own property rights in Indonesia, so joint property involving a number of properties in the form of movable or immovable property will be impossible for foreigners to own. This study examines two issues: the legal protection for third party, the bank creditors relating to the status/property status of a married couple in mixed marriages in a marriage agreement and the legal consequences of non-performing loans related to the couple’s property if they commit defaults. To uncover these two matters, the study was conducted using the normative legal research method. The results show that creditors are protected in a preventive and repressive manner. Legal consequences for husband or wife property for bank creditors if the debtor is bound in the mixed marriage defaults depend on the form of the marriage agreement made. A husband or wife who is an Indonesian citizen as a debtor is permitted to guarantee the material security of his assets freely and can be taken as collateral for repayment by the bank’s creditors if the debtor is in default.

PROBLEMATIKA HUKUM PERKAWINAN CAMPURAN BERDASARKAN KASUS PERNIKAHAN JESSICA ISKANDAR DENGAN LUDWIG FRANS WILLIBALD DALAM PERSPEKTIF HUKUM PERDATA INTERNASIONAL

2019 ◽  
Vol 7 (1) ◽  
pp. 43
Author(s):  
Rosa Kisworo , ◽  
Dona Budi Kharisma ,
Keyword(s):  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
Legal Problems ◽  
Husband And Wife

<p>Abstract<br />This article examines the legal problems of mixed marriages, this is set out in Law No. 1 of 1974 on <br />Marriage in chapters 57-62. But beforehand concerning this mixed marriage has been set in Regeling op <br />de Gemenvie Huwelijeken Stb. No. 1898. 158 which is famous for its GHR abbreviation. This research <br />includes normative legal research with legislation approach and case approach. The results of the study <br />found an indicator of legal problems between husband and wife that arise because of the marriage <br />between them. So there are important things to consider if there is a foreigner or non Indonesian citizen <br />who will perform a mixed marriage with an Indonesian citizen, should have to know about legal problems <br />later if a husband or wife of an Indonesian citizen.<br />Keywords: Mixed Marriage; Legal Problems; Foreign.</p><p>Abstrak<br />Artikel ini mengkaji mengenai problematika hukum mengenai perkawinan campuran, hal ini di atur dalam <br />Undang-Undang nomor 1 tahun 1974 Tentang Perkawinan dalam pasal 57-62. Namun sebelumnya <br />mengenai perjkawinan campuran ini telah di atur dalam Regeling op de Gemenvie Huwelijeken Stb. <br />1898 No. 158 yang terkenal dengan singkatan GHR. Penelitian ini termasuk penelitian hukum normatif <br />dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian menemukan indikator <br />problematika hukum antara suami-istri yang timbul karena adanya perkawinan antara mereka. Sehingga <br />ada hal-hal penting yang perlu diperhatikan apabila ada seorang asing atau bukan warga warga negara <br />Indonesia  yang  akan  melakukan  perkawinan  campuran  dengan  seorang  warga  negara  Indonesia, <br />hendaknya sudah harus mengetahui mengenai problematika hukum nanti apabila menjadi suami atau <br />isteri dari seorang warga negara Indonesia. <br />Kata kunci: Perkawinan Campuran; Problematika Hukum; Asing.</p>

scholarly journals KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA

2018 ◽  
Vol 3 (2) ◽  
pp. 247-263
Author(s):  
Adhitya Dimas Pratama
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
Community Property ◽  
Separating Property ◽  
The Status ◽  
Legal Consequences

Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance agreement treasure to land ownership and settlement of land ownership issues arising from mixed marriage without separation agreement treasure. The method used is a normative legal research, namely legal research done by researching library materials or secondary law while in locating and collecting data is done by two approaches, namely legislation and conceptual approaches. The results showed that the legal consequences of intermarriage in the absence of agreement separating property to the ownership rights to the land after the enactment of Law No. 1 of 1974 About the marriage, property acquired during the marriage is community property as engaging joint property so that if it is not made an prenuptial agreement the property rights to land shall be released within a period of one (1) year or the land falls to the state. The resolution attempts to do to the problems of land ownership arising from mixed marriages without the agreement split the treasure is in the form of drafting of a treaty mate after marriage or reduction of land rights from property rights into rights of use in accordance with the provisions of that kind of tenure, which may possess by someone follow the status of their land rights subjects in accordance with the provisions of the legislation

scholarly journals PERJANJIAN DALAM PERKAWINAN MENURUT PUTUSAN MAHKAMAH KONSTITUSI RI NO. 69/PUU-XIII/2015 DAN PENETAPAN PENGADILAN NEGERI TANGERANG NO.269/PEN.PDT.P/2015/PN.TNG

2019 ◽  
Vol 2 (1) ◽  
pp. 1239
Author(s):  
Veren Abigail ◽  
Abdul Gan Abdulilah
Keyword(s):  
Research Method ◽  
Third Party ◽  
District Court ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
The Third ◽  
Mixed Marriages ◽  
The Law

According to the Marriage Law Article 29 the marriage agreement is made before or at the time of marriage. But in October 2016 the Constitutional Court passed verdict No.69 / PUU-XIII / 2015 as a material test of Article 29 of the Marriage Law which with the ruling of the constitutional court the marriage agreement can be made before, at the time of marriage, even throughout the marriage. However, before the constitutional court issued the verdict, the Tangerang District Court issued a ruling stipulating the marriage agreement throughout the marriage, namely the decision No. 269 / PEN.PDT.P / 2015 / PN.TNG which the parties were mixed marriages couple. The problem discussed is what the judge considers in deciding the marriage agreement when there is no provision that the marriage agreement can be made throughout the marriage. The legal research method used is a normative research method. Based on the research’s result, the judge granted and stipulated the marriage agreement based on the Marriage Law Article 4 which states that the marriage agreement is possible to be changed as long as there is agreement between the two parties and does not harm the third party In conclusion, the judge did not decide in accordance with the law regulating at the time. The suggestion is that it is expected that the judge as a law enforcer can make a decision in accordance with the law regulating at that time. Because ideally the judge's decision must contain justice, legal certainty, and expediency.

scholarly journals Mechanism for collective property sharing in mixed marriage

2020 ◽  
Vol 5 (1) ◽  
pp. 70-80
Author(s):  
Siti Alfisyahrin Lasori
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Mixed Marriages ◽  
The Status ◽  
Ownership Rights

This research discusses the mechanism of sharing joint assets for mixed marriage partners. The results of the study illustrate the applicable provisions with the facts that occur in the community regarding land ownership for Indonesian husbands or wives in mixed marriages. The research method used in this research is normative research method. The statutory approach and the conceptual approach The statutory approach is an approach using legislation and regulations. And the conceptual approach is to refer to legal principles. These principles can be found in scholarly views or legal doctrines . This study aims to analyze the mechanism for sharing joint assets in marriage, is based on the prevailing laws and regulations and provides legal certainty for the husband or wife of Indonesian citizens regarding the status of land ownership in joint assets for mixed marriages. Based on the results of the research, a conclusion is obtained that land ownership for Indonesian citizens due to mixed marriages without being equated with land rights for their foreign partners, which is only limited to use rights. Legal certainty for current Indonesian citizens to be entitled to land with ownership rights.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals THE STATUS OF MATRIMONIAL PROPERTY OWNERSHIP IN MIXED MARRIAGES

2015 ◽  
Vol 27 (1) ◽  
pp. 145
Author(s):  
Sonny Dewi Judiasih
Keyword(s):  
International Law ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Private International Law ◽  
Property Ownership ◽  
State Laws ◽  
Mixed Marriages ◽  
The Status ◽  
Ownership Rights ◽  
Joint Property

Many Indonesians have committed themselves into a mixed marriage, both in Indonesia and outside the country. Mixed marriage would mean that there are differing nationalities who abide under two different state laws and as consequence of this, issues of private international law in joint property would emerge. On the status of ownership on immovable assets such as land, the nationality principle must be paid attention to, because according to Indonesian law, only Indonesian citizens may have access to Land Ownership Rights. Thus, in mixed marriages, foreign spouses (husband or wife) may not have land ownership rights. Masyarakat Indonesia banyak yang melakukan perkawinan campuran, baik yang dilakukan di Indonesia maupun di luar negeri. Pelaksanaan perkawinan campuran menyebabkan adanya perbedaan kewarganegaraan dimana mereka tunduk pada sistem hukum yang berlainan sehingga melahirkan masalah hukum perdata internasional dalam pengaturan harta bersama. Mengenai status kepemilikan atas benda tidak bergerak seperti tanah, terdapat asas nasionalitas yang harus diperhatikan, yaitu hanya WNI saja yang boleh mempunyai Hak Milik Atas Tanah. Oleh karena itu, dalam perkawinan campuran, suami atau istri yang berkewarganegaraan asing tidak boleh mempunyai hak milik atas tanah.

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 Pengaturan Bidang Pengawasan dalam Rangka Memperkuat Hak Perlindungan Varietas Tanaman

2020 ◽  
Vol 9 (4) ◽  
pp. 796
Author(s):  
Kadek Sutrisna Dewi ◽  
I Wayan Wiryawan
Keyword(s):  
Research Methods ◽  
Market Economy ◽  
Negative Impact ◽  
Free Market ◽  
Free Market Economy ◽  
Legal Certainty ◽  
Legal Research ◽  
Regulatory Aspects ◽  
Legal Problems ◽  
Laws And Regulations

The development of globalization in era of free market economy has caused many problems to protection of plant varieties. Therefore, it’s deemed necessary to make specific arrangements of supervision in the protection of plant varieties in Indonesia. The writing of this article aims to examine the regulatory aspects of supervision in plant varieties and the importance of regulating of supervision in plant varieties. This article uses normative legal research methods, which research the laws and regulations that have legal problems. The results of the study shows that the aspects of supervision in regulations relating to the protection of plant varieties haven’t been regulated in detail and concretely. The absence of regulations regarding the supervision, causes supervision can’t be carried out optimally, and the supervision can’t be said to be legal according to law. Supervision is very important to regulated, because it carried out with the aim of preventing the emergence of fraudulent practices such as deception, monopolistic practices, and other activities that have a negative impact on the economy in terms of protecting plant varieties. Juridical arrangements regarding supervision related to the protection of plant varieties need to be carried out to provide a foundation for the relevant agencies in carrying out their supervisory duties as well as to increase protection or provide legal certainty for parties holding the rights to protect plant varieties. In addition, it’s also to prevent fraudulent acts committed by irresponsible persons. Perkembangan globalisasi di era ekonomi pasar bebas, menimbulkan banyak problematika terkait dengan perlindungan varietas tanaman. Oleh karena itu, dipandang perlu melakukan pengaturan secara spesifik mengenai aspek pengawasan dalam perlindungan varietas tanaman di Indonesia. Penulisan artikel ini bertujuan untuk mengkaji mengenai pengaturan aspek pengawasan dalam perlindungan varietas tanaman serta arti penting pengaturan aspek pengawasan dalam perlindungan varietas tanaman di Indonesia. Adapun metode penelitian dalam penulisan artikel ini menggunakan metode penelitian hukum normatif, berupa penelitian dengan mengkaji peraturan perundang-undangan yang memiliki kaitan dengan permasalahan hukum yang terjadi. Hasil studi menunjukkan bahwa aspek pengawasan dalam peraturan perundang-undangan yang berkaitan dengan perlindungan terhadap varietas tanaman belum diatur secara mendetail dan konkrit. Ketiaadan pengaturan mengenai pengawasan terkait perlindungan varietas tanaman  menyebabkan pengawasan tidak dapat dilaksanakan secara maksimal, serta pengawasan yang dilakukan oleh instansi terkait tidak dapat dikatakan sah menurut hukum. Pengawasan pada dasarnya merupakan hal sangat penting untuk diatur, karena pengawasan dilaksanakan dengan maksud untuk mencegah timbulnya praktik kecurangan seperti penipuan, praktik monopoli, maupun kegiatan lain yang menimbulkan dampak negatif terhadap perekonomian dalam hal perlindungan varietas tanaman. Pengaturan secara yuridis mengenai pengawasan terkait perlidungan varietas tanaman perlu dilakukan untuk memberikan landasan berpijak kepada instansi terkait dalam melaksanakan tugasnya terkait pengawasan sekaligus guna meningkatkan perlindungan maupun memberikan jaminan kepastian hukum bagi pihak yang memegang hak perlindungan varietas tanaman. Selain itu juga untuk mencegah terjadinya tindakan kecurangan yang dilakukan oleh oknum-oknum yang tidak bertanggungjawab.

scholarly journals Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing

2020 ◽  
Vol 1 (2) ◽  
pp. 7-11
Author(s):  
Agnes Geraldine Olga Supriyana ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Land Ownership ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

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