scholarly journals PEMBAHARUAN HUKUM PERJANJIAN PERKAWINAN DAN AKIBAT HUKUMNYA TERHADAP HARTA DALAM PERKAWINAN

2018 ◽  
Vol 33 (3) ◽  
pp. 365
Author(s):  
Rilda Murniati
Keyword(s):  
Legal Status ◽  
Third Party ◽  
Constitutional Court ◽  
Marriage Law ◽  
Personal Property ◽  
Legal Provisions ◽  
Test Suit ◽  
Ownership Rights ◽  
Legal Consequences ◽  
Husband And Wife

Every marriage will give birth the union of assets that can be obtained by husband and wife during the marriage if not excluded by the marriage agreement. However, the Marriage Law explicitly and clearly stipulates that the marriage agreement must be made before the marriage takes place or at the time the marriage takes place. The existence of these legal provisions, in fact, is not entirely known by every prospective husband and wife and raises new problems related to land law that limits ownership rights to land and buildings for Indonesian citizens who marry other citizens without marriage agreements. This is the reason for the birth of a material test suit against the provisions of the Marriage Law contained in the Decision of the Constitutional Court No. 69 / PUU-XII / 2015. This decision forms the basis and legal basis for new arrangements as a source of legal renewal on the procedures for marriage agreements and their legal consequences for joint assets acquired in marriage. The born of legal renewal is the marriage agreement that can be made any time during the marriage in the form of an authentic deed at the notary and can be retroactive from the date the marriage takes place as long as the husband and wife agree and bind as a law to the parties. For this reason, the legal consequences of the legal status of joint assets acquired during marriage are the personal property of each husband and wife and their contents are binding on third parties as long as the third party has an interest.

scholarly journals Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015

2021 ◽  
Vol 2 (1) ◽  
pp. 207-211
Author(s):  
Putu Trisna Witariyani ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Court Decision ◽  
Constitutional Court ◽  
The Third ◽  
The Third Party ◽  
Legal Consequences ◽  
Husband And Wife

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals National Legal Reforms about Unofficial Marriage

2017 ◽  
Vol 5 (1) ◽  
pp. 41-58
Author(s):  
Dwiyana Achmad Hartanto
Keyword(s):  
Negative Impact ◽  
Law Reform ◽  
Constitutional Court ◽  
Marriage Law ◽  
Biological Father ◽  
Legal Reforms ◽  
Progressive Development ◽  
The Republic ◽  
The Relationship ◽  
Legal Consequences

The legal consequences of Constitutional Court Decision Number 46/PUU-VIII/2010 perspective of national law reform are a progressive development of the law. The ruling granted part of the petition for judicial review of Article 2 (2) and Article 43 (1) of Law Number 1 in 1974 concerning Procurement of Articles 28B (1) and (2), and Article 28 D (1) of the 1945 Constitution of the Republic of Indonesia. The review of Article 2 (2) of the Marriage Law is not granted because the Constitutional Court is of the opinion that marriage registration is not a marriage restriction, but an orderly form of administration. Material review Article 43 (1) of the Marriage Law is granted by the Constitutional Court so that the child is a legal child. The Constitutional Court's decision on the unofficial marriage has positive and negative implications. One of the positive implications is the recognition of the child's relationship status with his biological father as long as it can prove the relationship and have a negative impact because it creates a sense of calm for the offender unofficial marriage (nikah sirri) and increase the quantity.  Akibat hukum putusan MK No.46/PUU-VIII/2010 perspektif pembaharuan hukum nasional merupakan pembangunan hukum progresif. Putusan tersebut mengabulkan sebagian permohonan pengujian materiil pasal 2 (2) dan pasal 43 (1) UUP terhadap pasal 28B (1) dan (2), serta  pasal 28D (1) UUD NRI tahun 1945. Pengujian materiil pasal 2 (2) UUP tidak dikabulkan karena Mahkamah Konstitusi berpendapat pencatatan perkawinan bukan pembatasan perkawinan, melainkan bentuk tertib administrasi. Pengujian materiil pasal 43 (1) UUP dikabulkan MK, sehingga anak tersebut berstatus  anak sah. Fenomena nikah sirri menurut penulis, putusan MK mempunyai implikasi positif dan negatif. Berdampak positif adanya pengakuan status hubungan anak dengan ayah biologisnya sepanjang dapat membuktikan hubungan tersebut dan berdampak negatif karena menimbulkan rasa tenang bagi pelaku nikah sirri dan bertambah kuantitasnya. DOI: 10.15408/jch.v5i1.4691

OSIGURANjE ŽIVOTA U KORIST TREĆIH LICA

2021 ◽  
pp. 535-551
Author(s):  
Zoran Miladinović ◽  
Keyword(s):  
Life Insurance ◽  
Legal Status ◽  
Insurance Contract ◽  
Third Party ◽  
Insurance Companies ◽  
Insurance Law ◽  
Legal Provisions ◽  
Insured Person ◽  
Insured Event

Insurance of life in favor of third parties is more important than the insurance of life in case of death. Moreover, in some rights this type of insurance can be contracted only in the event of the death of the insured person. There are no such restrictions in our insurance law, which means that the same can be agreed in case the isured person reaches a certain age. With this type of insurance, the insured event can be realized on the person of the insurance policyholders or on some other person. The insured person can therefore be the insurance contractor himself and it can also be another person. Considering that in this type of insurance, upon the occurrence of the insured event, the payment of the insured amount is always made to a certain third party beneficiary and that the insurance contract mentions several persons with different legal status, the insurance contract must clearly define the issues such as clear determination of the beneficiary insurance, what happens if the insurance beneficiary dies before the insured person, or the contractor assures, whether it is necessary for the insurance beneficiary to give his consent to be paid compensation, whether and until when the insurance policyholder can revoke the benefit he has contracted for a third party-beneficiary of the insured, etc. All these issues are mainly regulated by legal provisions, but of particular importance are General Conditions of life insurance of life insurance companies, as the above issues are clearly defined on the basis of experiences that have proven to be open in practice.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

scholarly journals Akibat Hukum bagi Kreditur Setelah Perjanjian Perkawinan Dibuat dan Telah Disahkan

2021 ◽  
Vol 6 (1) ◽  
pp. 55
Author(s):  
William Surya Putra Handoko
Keyword(s):  
Legal Status ◽  
Third Parties ◽  
Analysis Approach ◽  
Constitutional Court ◽  
Analysis Techniques ◽  
Personal Property ◽  
Legal Problems ◽  
The Creation ◽  
The Law ◽  
Joint Property

This study aimed to analyze legal problems due to the change in the legal status of the debtor’s property in marriage which was previously a joint property into the personal property of each husband or wife.  This study used a statutory approach and an analysis approach, while the analysis techniques used grammatical interpretation and systematic interpretation. After the decision of the Constitutional Court was issued, the creation of marriage agreements that had been ratified would result in the law of separation of property and applied to third parties. The marriage agreement should not harm third parties.

scholarly journals Talak di Luar Pengadilan Perspektif Fikih dan Hukum Positif

2021 ◽  
Vol 3 (1) ◽  
pp. 67-84
Author(s):  
M Muhsin ◽  
Soleh Hasan Wahid
Keyword(s):  
Qualitative Methods ◽  
Descriptive Analysis ◽  
Field Research ◽  
Analysis Method ◽  
Marriage Law ◽  
Positive Law ◽  
The Status ◽  
Legal Consequences ◽  
Husband And Wife

Abstract: Divorce is breaking the ties of marriage and ending the husband and wife relationship. According to Fiqh law, divorce is considered legally binding when a husband pronounces the word talaq to his wife clearly and figuratively. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out before the court after the court concerned tries and fails to reconcile the two parties. The focus of the problem in this study is: (1) What is the status of divorce outside the court according to fiqh law and positive law? (2) Which is used as a guideline between the two divorce proceedings on the termination of marriage? The type of research conducted by the author is field research using qualitative methods. The analysis used is the descriptive analysis method. The number of respondents in this study was five people with the category of divorce outside the court. Based on the method used in the study, it was concluded that the divorce handed down out of court was legal, according to fiqh, so that the marriage broke up by fiqh rules. However, the divorce is not legal according to positive law in Indonesia, so that in the eyes of positive law, the marriage has not been broken, and the positive law that applies in Indonesia is used as a guide to the dissolution of marriage because the legal consequences arising after the divorce are more clearly regulated so that obligations and rights that arise after the divorce is more secure.Abstract: Talak adalah melepaskan ikatan pernikahan dan mengakhiri hubungan suami istri. Menurut hukum Fikih perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada istrinya baik secara jelas maupun kiasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak. Fokus masalah dalam penelitian ini adalah: (1) Bagaimana status talak di luar pengadilan menurut hukum fikih dan hukum positif? (2) Manakah yang dijadikan pedoman antara dua proses perceraian terhadap putusnya perkawinan? Jenis penelitian yang dilakukan penulis merupakan penelitian lapangan (field research) yang menggunakan metode kualitatif. Analisis yang digunakan adalah metode analisis deskriptif. Jumlah responden dalam penelitian ini sebanyak lima orang dengan kategori melakukan penceraian di luar Pengadilan. Berdasarkan metode yang digunakan dalam penelitian dihasilkan kesimpulan bahwa, talak yang dijatuhkan di luar pengadilan adalah sah menurut fikih, sehingga perkawinannya putus sesuai dengan aturan fikih. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.

scholarly journals Dampak Perkawinan Yang Tidak Dicatat

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Sarjiyati Sarjiyati ◽  
Yuni Purwati
Keyword(s):  
Community Service ◽  
Legal Status ◽  
Constitutional Court ◽  
Community Life ◽  
Dna Testing ◽  
Marriage Law ◽  
Technological Tools ◽  
Service Activity ◽  
Legal Force

Marriage is a very important event in community life. Because marriage does not only concern the bride and groom, but also the parents of both parties, relatives and their families. The purpose of marriage is to form a happy and eternal family. The method used in this community service activity is legal counseling and discussion about not to noted marriages. From the discussion conducted it can be concluded that. The legal status of marriage that is not to noted under the marriage law is illegal or has no legal force. The legal status of a child born from a marriage that is not to noted has a civil relationship with his mother, this has the consequence that the child born of marriage is not to noted the country of the child does not have a civil relationship with his father. But after the decision of the Constitutional Court Number 46 / PUU-VIII / 2010 in which the child can also have a civil relationship with his father as long as it can be proven by technological tools such as DNA testing.

scholarly journals Legal Consequences for Children who are Born in Unregistered Marriage in the Perspective of Christian Laws

2020 ◽  
Vol 4 (1) ◽  
pp. 47-53
Author(s):  
Ruri Setyaningsih ◽  
Tri Wahyu Anggraeni ◽  
Debora Tri Hariyadi
Keyword(s):  
Legal Status ◽  
Married Couples ◽  
Marriage Law ◽  
Legal Effect ◽  
Legal Consequence ◽  
Legal Marriage ◽  
Legal Consequences

Aim of this study is to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Indonesia law acknowledges a marriage is legal if it conducted under the religious rules of the married couples and recorded under national law. This study aims to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Base on this study can be concluded that marriage is considered valid if it has been registered so as to have a valid legal effect, one of which the legal status of a child born of a legal marriage constitutes legal status as a legal child. While unregistered marriage resulting unrecognized legal status of the child so that child does not have legal status.

1. The Scope of the Subject

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
The Subject ◽  
English Law ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

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