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 SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Family Law ◽  
The State ◽  
Third Party ◽  
Legal Certainty ◽  
Marriage Law ◽  
Arranged Marriage ◽  
The Third ◽  
Regulatory Aspects ◽  
The Law ◽  
The Right

Legal certainty is an indicator for a legal into good legal category, the fact about  the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations  to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by  a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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 AKIBAT HUKUM SERTA PENYELESAIAN TERHADAP HARTA BERSAMA BERDASARKAN HUKUM PERKAWINAN

2020 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Ida Ayu Putu Kristanty Mahadewi ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Perspective ◽  
Legal Consequences

Tujuan penelitian untuk mengkaji akibat hukum serta penyelesaian terhadap harta bersama berdasarkan hukum perkawinan apabila terjadi perceraian dan pemisahan harta bersama karena suatu hal. Penelitian ini menggunakan metode penelitian hukum normative, yakni suatu penelitian yang berdasarkan pada pendekatan perundang-undangan, bahan pustaka, putusan pengadilan dan ketentuan yang sebagaimana mestinya. Serta teknik pengumpulan data dilakukan dengan studi dokumen. Hasil studi menunjukkan bahwa dengan adanya suatu perjanjian dalam perkawinan maka harta benda dan harta bersama dari kedua pihak akan memiliki kepastian hukum yang tetap jika dilihat dari perspektif hukum. Penyelesaian harta bersama biasanya dilakukan dengan cara pemisahan harta benda kedua belah pihak. Penyelesaian perkara mengenai pembagian harta bersama yang terbaik adalah dilakukan dengan cara kekeluargaan. Penyelesaian permasalahan mengenai pemisahan harta bersama melalui pengadilan, juga bisa diusulkan melalui pengajuan gugatan sendiri oleh pihak yang berperkara maupun perantara melalui pengacara hukum. Dan permohonan mengenai pemisahan harta bersama tidak bisa diajukan bersamaan dengan gugatan cerai. The purpose of this study is to examine the legal consequences and the settlement of joint assets based on marriage law if the event of divorce and separation of joint assets for some reason. This study uses a normative legal research method, which is a study based on a statutory approach, library materials, court decisions and appropriate provisions. As well as data collection techniques carried out by document study. The results of the study show that with agreement in marriage, the property and joint assets of the two parties will have permanent legal certainty from a legal perspective. Settlement of joint assets is usually carried out by familial way. The settlement of problems regarding the separation of joint assets through the court, can also be proposed through filing a lawsuit by the litigant or intermediary through a lawyer. And applications regarding the separation of joint assets cannot be filed at the same time as a divorce suit.

scholarly journals Penerapan Sanksi Terhadap Pelaku Ujaran Kebencian di Pengadilan Negeri Pekanbaru

2020 ◽  
Vol 20 (1) ◽  
pp. 14-28
Author(s):  
Fahmi ◽  
Rai Iqsandri ◽  
Rizana
Keyword(s):  
Research Method ◽  
Hate Speech ◽  
District Court ◽  
Legal Research ◽  
The Law

The problems examined in this study are how to apply the sanctions against the perpetrators of hate speech in the Pekanbaru District Court and what are the obstacles faced in applying the sanctions against the perpetrators of hate speech in the Pekanbaru District Court. This research method is carried out directly in the field according to the type of sociological legal research. The results of the study show that the application of sanctions against hate speech offenders in the Pekanbaru District Court is not optimal. Factors that hinder the application of sanctions against hate speech offenders do not realize that what they are doing is a criminal act that has a fairly severe sanction in accordance with the law.

scholarly journals Penegakan Hukum Pajak Melalui Penggunaan Sandera Pajak Dalam Penagihan Utang Pajak Di Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 73-81
Author(s):  
Yeni Nur Arifin
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
State Revenue ◽  
Finance Development ◽  
The Law ◽  
The Government

Taxes make a major contribution to the source of state revenue which is used to finance development in Indonesia. However, there are still many taxpayers / tax insurer who are not compliant in paying taxes. The problems in this study are why the government uses tax hostages in collecting tax debts, how hostages are used as a means of force in collecting tax debts and how hostage-taking is viewed from a juridical aspect. The research method used in this research is normative legal research method. The result of the research is that there are several factors that become the reasons for tax hostage taking. The government (fiskus) in collecting tax debt with tax hostages has been carried out in accordance with the provisions of the law. Based on the aspect of legal certainty, tax hostages in Indonesia already have a legal umbrella, namely Law no. 9 of 2000 and several other regulations. From the aspect of justice, legal protection is provided to taxpayers / tax insurer who are subject to tax hostages. From the benefit aspect, the application of tax hostages is beneficial in increasing taxpayer compliance.

scholarly journals UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA

2016 ◽  
Vol 3 (1) ◽  
pp. 86
Author(s):  
Dzanurusyamsyi Dzanurusyamsyi
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Science And Technology ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Law

In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.

scholarly journals Tinjauan Yuridis terhadap Penggunaan Jasa Pihak Ketiga (Debt Collector) dalam Menagih Kredit Bermasalah pada PT Adira Dinamika Multifinance TBK

2021 ◽  
Vol 2 (2) ◽  
pp. 337-342
Author(s):  
Kasirinus Jee Lua ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Third Party ◽  
Legal Research ◽  
Service Company ◽  
The Third ◽  
Finance Company ◽  
The Law ◽  
The Third Party ◽  
Business Financing ◽  
Recording Techniques

The use of third party services by financing company PT Adira Dinamika Multifinance through a third party Service Company (debt couecton to perform a collection function for consumers or debtors who are difficult to collect by being declared in default. Regulations for the use of third party services by financing companies are regulated in POJK No. /POJK.05/2018 concerning the Implementation of Business Financing Companies, where financing companies can collaborate with other parties (third party services) with the aim of collecting non-performing loans., The consequences of collaboration between third party services and financing companies to collect non-performing loans that the finance company is fully responsible for the cooperation carried out if there is an act that violates the law in accordance with POJK Number 35 / POJK.05 / 2018. However, if the financing company has carried out the prescribed procedure and the third party service continues to commit acts against the law, then the liability will be borne by the third party's services in order to collect non-performing loans. This research uses normative legal research. The technique of collecting legal materials in this study is to collect from literature studies using documentary / recording techniques obtained related to primary, secondary, and tertiary legal materials

scholarly journals The Validity Of Marriages Agreement Made After Ongoing Based Marriage Law In Indonesia

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 937
Author(s):  
Intan Fajriyanti ◽  
Munsharif Abdul Chalim
Keyword(s):  
Civil Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Law ◽  
Legal Research ◽  
Research Results ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

Mating agreement has been stipulated in Article 29 of Act No. 1 Of 1974. Married to the present agreement remains in the society. The problems examined in this study is: what are the factors occurrence marriage agreement, how the validity of the agreement to marry, and the legal consequences mating agreement executed after the course of the marriage. The method used is a normative legal research. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act include the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016, and at the conclusion of research results mating agreement made after the course of a legal marriage do not violate the boundaries of the law, religion, and morality.Keywords: Agreement; Mating Agreement; Marriage Law.

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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