scholarly journals PASEMAYAN PAWIWAHAN DALAM PERKAWINAN HUKUM ADAT BALI

2021 ◽  
Vol 16 (2) ◽  
pp. 193
Author(s):  
Dewa Krisna Prasada
Keyword(s):  
Customary Law ◽  
Legal Action ◽  
Preventive Action ◽  
Marriage Law ◽  
Legal Research ◽  
Research Type

<p><em>Marriage in Balinese customary law is known as pawiwahan or wiwaha.  Marriage in national law is regulated in Law Number 1 of 1974. The biggest problem in marriage is divorce which ends in conflict over property, both congenital and collective assets.  Preventive action to prevent the above problems is by making a marriage agreement.  This research focuses on normative legal research type that puts emphasis on the vagueness of norms in the marriage law regarding marriage agreements and explores more clearly the form and content of the marriage agreement in Balinese customary law.  The result of this research is a form of marriage agreement, which is a written agreement made and legalized by a notary before the marriage is conducted.  The contents of the marriage agreement include the classification of inherited and joint assets of the parties.  In the making of this marriage agreement, good consequences are considered legally, psychologically, sociologically and culturally by the existence of this marriage agreement legal action.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: <em>Agreement, Marriage, Property</em></p><p> </p>

scholarly journals Perkawinan Yang Dicatatkan Pada Kantor Catatan Sipil Tanpa Melakukan Upacara Keagamaan

2020 ◽  
Vol 2 (1) ◽  
pp. 109-124
Author(s):  
A.A Poetri Paraniti
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Main Principle ◽  
Marriage Law ◽  
Legal Research ◽  
Male And Female ◽  
Legal Marriage

Marriage is one of the important events in human life. Every person orpartner (male and female) if they have married then there is a bond of obligationand rights between them and children born from the marriage. Article 2 paragraph(1) of the marriage law that a marriage carried out according to each religion isthe main principle of a legal marriage. The formulation of the problem in this studyis a. What is the authority of the Desa Adat Institution in Bali in determining themarriage conditions before being registered. b. What are the Terms of MarriageAccording to Customary Law of Bali. that method. by using empirical legalresearch methods, namely legal research conducted because of the gap between theory and reality. In order for marriage to be considered legal as customary, itmust carry out Tri Upa Witness, namely Manusa Witness, Buta Witness, and Godof Witness. And administration must be recorded in the civil registry office.

scholarly journals Reinforcement of the Papuan Traditional Communal Rights for the Control of Land and Natural Resources

2021 ◽  
pp. 17-23
Author(s):  
Alwiyah Sakti Ramdhon Syah Rakia ◽  
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Research Method ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Research ◽  
Legal Norms ◽  
Long Time ◽  
Customary Rights ◽  
Research Type

The ulayat rights of Papuan customary law communities over control of land and natural resources are rights granted by laws and regulations with a number of special powers. This study aims to analyze and provide a conception of strengthening the customary rights of the Papuan customary law community to control over land and natural resources. This research method uses a normative-juridical legal research type, which refers to the legal norms of legislation (statute approach), as well as legal theories and principles as supporters. This research is descriptiveanalytical, using qualitative analysis methods. The results of this study indicate that although the regulation of the customary rights of the Papuan customary law community has been in place for a long time, there are some basic things that need to be considered. Several regulations in the Perdasus do not represent the Papua Special Autonomy Law and tend to be contradictory. These provisions raise a number of problems for the Papuan indigenous peoples with regard to land ownership and the use of natural resources.

The Concept and Characteristics of a Legal Action in Civil Law

2021 ◽  
Author(s):  
E.V. Titov ◽  
Keyword(s):  
Critical Analysis ◽  
Civil Law ◽  
Critical Assessment ◽  
Legal Action ◽  
Huge Number ◽  
Early 19Th Century ◽  
Legal Literature ◽  
Relevant Field ◽  
Legal Fact

The purpose of the article is a critical assessment of the established in the legal literature and practice the concept and characteristics of a legal action and criteria for distinguishing legal actions and events. The main problem identified by the author is that, despite the huge number of sources on this subject, jurisprudence has not progressed in the study of this phenomenon since the early 19th century. The definition and characteristics of a legal action «migrate» from one work to another, as a rule, without any critical analysis at all and are taken by lawyers as a given, which leads to stagnation in the development of the relevant field. At the same time, studies of specific varieties of legal actions often reach a deadlock precisely because of the incorrectly defined general characteristics of a legal action. The author defines the classification criterion of differentiation of legal facts, and argues the necessity of two-member division of legal facts into events and actions. It is proved that facts-states cannot be distinguished within the classification of legal facts on the volitional ground and they are not legal facts at all. The concept of legal action and its characteristics are given. The concept of will as a key element of legal action is discussed in the article and it is substantiated that «involuntary» actions are not legal facts. The author analyzes the classification of events into absolute and relative, and offers an algorithm for determining whether a certain legal fact refers to events or actions.

scholarly journals Peralihan Harta Bersama Melalui Hibah Tanpa Izin Salah Satu Pihak Berdasarkan Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam

2019 ◽  
Vol 3 (1) ◽  
pp. 81-94
Author(s):  
Agustina Dewi Putri ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Other ◽  
Legal Action ◽  
Legal Research ◽  
Shared Property ◽  
Legal Consequences ◽  
Husband And Wife

Menurut Pasal 36 ayat (1) Undang-Undang Nomor 1 tahun 1974, mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak. Adanya ketentuan Pasal tersebut di atas, menunjukkan bahwa jika seorang suami atau isteri, bermaksud melakukan perbuatan hukum yang objeknya terkait dengan harta bersama (misalnya menjual, menghibahkan dan lain-lain), baik itu berupa barang bergerak atau barang tidak bergerak, maka perbuatan hukum tersebut harus didasarkan pada persetujuan kedua belah pihak (suami dan isteri). Untuk mengetahui dan menjelaskan akibat hukum dari peralihan harta bersama melalui hibah tanpa izin dari salah satu pihak. Metode Penelitian yang digunakan adalah penelitian hukum yuridis normatif dan Ketiadaan persetujuan baik suami atau isteri memberi akibat hukum bahwa peralihan harta bersama tersebut menjadi batal demi hukum.As for article 36 paragraph (1) mentions that anything regarded to the shared-property should be with the consent of both parties. It is in line with Article 92 about Compilation of Islamic Law which mentions that either husband or wife without any consent of the other partner is not allowed to sell or transfer the ownerships of the shared-property. Provisionsof the article indicate that if the husband or wife intends to carry out a legal act whose object is related to a common asset (for example selling, granting, etc). whether it is movable or immovable property, the legal action must be based on agreement of both parties (husband and wife). To figure out and explain the legal consequences of share assets transfer throght a grant without permission from one of the parties. Research method used in this is normative juridical legal research. To find out and explain the comparison of provisions on the transfer of property with husband and wife based on Law Number 1 Year 1974 and Compilation of Islamic Law Absence of approval from both husband and wife gives legal consequences that transfer of shared property becomes null and void by law.

scholarly journals Wanprestasi dalam Perjanjian Kredit pada Lembaga Perkreditan Desa (LPD) di Desa Bebetin Kecamatan Sawan Kabupaten Buleleng

2021 ◽  
Vol 2 (2) ◽  
pp. 223-227
Author(s):  
Kadek Dwinta Pradnyasari ◽  
Johannes Ibrahim Kosasih ◽  
Desak Gde Dwi Arini
Keyword(s):  
Decision Making ◽  
Data Collection ◽  
Field Research ◽  
External Factors ◽  
Economic Factors ◽  
Legal Research ◽  
Internal Factors ◽  
Type Data ◽  
Research Type

Agreement is the most important source that gives birth to the engagement. One form of engagement in the sources of the agreement is the extension of credit from the bank. This research uses empirical legal research type, data collection techniques in this study using field research. The procedure for granting credit consists of several stages, namely the credit application stage, the location survey stage for prospective debtors, the analysis stage, the decision-making stage, and the credit disbursement stage. The results of the analysis found that the factors that cause default are internal factors and external factors. Internal factors are caused by debtors who are not credible and also unstable economic factors in the midst of the Covid-19 pandemic which caused debtors to be unable to pay arrears in the LPD. External factors from the LPD take a persuasive approach to further handling problematic debtors. The purpose of this study is the procedure for granting credit and binding credit agreements carried out in the LPD Desa Pakraman Bebetin, Sawan District, Buleleng Regency, how are the factors that cause default in LPD Desa Pakraman Bebetin, District of Sawan, District of Buleleng.

scholarly journals Perempuan dan Hukum dalam Masyarakat Hukum Adat Lampung Sebatin

2018 ◽  
Vol 10 (2) ◽  
pp. 197-125
Author(s):  
Zuhraini Zuhraini
Keyword(s):  
Women's Rights ◽  
Indigenous Communities ◽  
Customary Law ◽  
Women’S Rights ◽  
Gender Analysis ◽  
Marriage Law ◽  
Inheritance Law ◽  
Biological Determinism ◽  
Fair Principles

The interpretation of the Qur'an is often disputed. The terms of custom, culture and ideology is not one thing that descends from the sky. It is shaped by humans and socialized from one generation to other. Biological determinism has also reinforced the view. In such situations, the differences, discrimination, and injustice resulting from mistakes in understanding and interpreting the universal doctrine, create injustices against women, including the women’s rights and position in Lampung Sebatin customary law community. This article discusses the rights and position of women in Lampung Sebatin customary law community and the form of injustice for women in the society. The conclusion shows that, firstly, women's rights and position in Lampang Sebatin customary law community are far from fair principles. Not fair either in marriage law or inheritance law. Second, the form of injustice for women in indigenous communities of Lampung Sebatin, from gender analysis is marginalization, penomorduaan and labeling, violence, and excessive workload. 

scholarly journals Pandemi Corona Sebagai Dalil Force Majeure Dalam Pembatalan Suatu Kontrak

2021 ◽  
Vol 4 (2) ◽  
pp. 1096-1104
Author(s):  
Viderina Khotaro ◽  
Vania Zelin Lawrence Simanjorang ◽  
Ronald Hasudungan Sianturi
Keyword(s):  
Secondary Data ◽  
Legal Research ◽  
Government Action ◽  
Force Majeure ◽  
Business Contract ◽  
Research Type

This article aims to analyze the corona pandemic categorized in Force Majeure in a contract. This problem is focused on the existence of the Corona pandemic, which can make debtors delay in fulfilling achievements or canceling contracts. How to claim Force Majeuree in a business contract. In order to approach this problem, a normative juridical legal research type is used with a descriptive-analytic nature of research aimed at describing it systematically, factually. Data - data collected through secondary data and analyzed qualitatively. Covid-19 can be categorized as force majeure, used as an excuse for the debtor not to fulfill the contract. Force majeure conditions cannot be used as a reason for canceling a contract, but renegotiation can be carried out to cancel or change the contents of a previously agreed contract. With Covid-19 being able to make debtors delay in fulfilling their achievements or canceling contracts, Covid-19 is considered to be a force majeure depending on the meaning of force majeure if it is included in the contract. As long as the affected party is able to prove that the force majeure conditions have been met. How to claim force majeure in a business contract in the Covid-19 era, claim force majeure based on appropriate legal references. The claiming parties must analyze whether a pandemic, disaster or government action applies certain provisions including the scope of force majeure accommodated in the contract.

scholarly journals THE PRINCIPLE OF SELF SUBMISSION IN DIVORCES CASES FROM THE PERSPECTIVE OF LEGAL CERTAINTY

2020 ◽  
Vol 2 (1) ◽  
pp. 63-78
Author(s):  
Haqqiyah Uthlufah
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Analytical Tool ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Divorce Law ◽  
Islamic Family Law ◽  
Materials Used

The problem of the principle of submission in the divorce law in the Religious Court by a non-Muslim couple occurs because the couple's marriage is based on Islamic law. What cannot be separated from Islamic law is Islamic family law because it is related to the faith of a Muslim. Islamic family law can only apply to Muslims and cannot apply to non-Muslims. The problem of the principle of submission to the divorce law was incomplete (incomplete norm) or the existence of a legal vacuum (vacuum of norm) in marriage law in Indonesia. This research is a legal research and is normative in nature. The approach used is statutory, case, and conceptual. The legal materials used are primary, secondary and tertiary. The method of collecting legal materials is first to qualify the facts and then to qualify the law. The analytical tool used is legal interpretation in the form of principal, systematic and grammatical interpretation.

Putusan Serta Merta dalam Perkara Hadhanah di Pengadilan Agama dalam Rangka Perlindungan Anak

2021 ◽  
Vol 15 (1) ◽  
pp. 67-82
Author(s):  
Asni Asni
Keyword(s):  
Child Custody ◽  
Legal Action ◽  
Best Interest ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Opposing Party ◽  
Special Strategy

Child custody cases processed in the Religious Court often cause certain problems. Therefore, a special strategy is needed by the judge in resolving child custody cases. This paper describes the opportunities for implementing decisions immediately as one of the strategies that can be taken by judges in resolving child custody cases in the Religious Court. A decision immediately is a decision that can be immediately executed even if the opposing party submits legal action. Methodologically, this study uses normative legal research so that it applies a juridical normative approach. The research was conducted by adapting a literature study combined with interviews with Religious Court judges. The results of the study confirm that a decision immediately is one of the strategies that a judge can take if in a case it is feared that the losing party will make negative efforts that can harm the winning party. However, the most important consideration for the judge in this matter is for the best interest of the child and the realization of the benefit of society.

Producing Urban Space

2021 ◽  
pp. 83-112
Author(s):  
Dolly Kikon ◽  
Duncan McDuie-Ra
Keyword(s):  
Urban Space ◽  
Urban Politics ◽  
Contentious Politics ◽  
Customary Law ◽  
Municipal Elections ◽  
Constitutional Protection ◽  
Village Level ◽  
The Village ◽  
The City

This chapter analyses the efforts to make Dimapur more city-like. Beginning with attempts to hold municipal elections with reserved seats for women in 2017, we navigate the deeply contentious politics around the classification and re-classification of space in the city. As the largest city in a tribal state, Dimapur is an experiment in the production of legible urban space in areas with customary law and constitutional protection. At present the experiment is provoking deep anxieties. Producing legible urban space from the collection of settlements, villages, barracks, commercial zones, ceasefire camps, encroached tracts, and wastelands under various socio-legal regimes is rarely coherent and often chaotic. We argue that the city is a space to challenge and transgress customary law in ways unthinkable at the village level. However, transgression was a catalyst for crisis, a scenario likely to remain constant in urban politics for the conceivable future.

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