scholarly journals Analysis of The Marriage Treaty and Legal Approach Due Judging from The Draft of Civil Code

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 669
Author(s):  
Takwim Azami ◽  
Akhmad Khisni
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Men And Women ◽  
Materials Used ◽  
Marital Agreement ◽  
Source Materials ◽  
Husband And Wife

The continued development of the situation in society at large prospective marriage couples who decided to make a marriage agreement. This is because both the men and women capable of generating wealth each and there are many other reasons why it made a pact to marry. Mating agreement is the agreement made by two people (prospective husband and wife) before marriage. Mating Agreement provided for in article 29 of Act No. 1 of 1974 marriage but with the birth of the constitutional court's decision No. 69 / PUU-XIII / 2015 there are some changes in the Marriage Covenant which is still a Pro Cons in society. The problems examined in this study is: how marital agreement in terms of the book of Civil Law. The method used is a normative legal approach. Source materials used law is the source of primary legal materials and sources of secondary legal materials such as books and law legal materials collection techniques performed by the document study reading and studying the legislation regulations. The analysis of legal materials in this study, conducted by processing and analyzing qualitative and descriptive poured. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act including the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016.Keywords: Marriage Agreement; Effects; Legal Approach

scholarly journals Konsekuensi Yuridis Berlakunya Perjanjian Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

2021 ◽  
Vol 7 (1) ◽  
pp. 295
Author(s):  
Si Ngurah Ardhya ◽  
I Putu Windu Mertha Sujana
Keyword(s):  
Civil Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Way Of Life ◽  
Civil Registration ◽  
The Republic ◽  
The Right ◽  
Justifiable Reason ◽  
Husband And Wife

Philosophically PMK (Constitutional Court Decision) Nr. 69/PUU-XIII/2015 based on way of life, awareness, and legal ideals such as the mystical atmosphere and Indonesian Nation according Pancasila and The Constitutional of The Republic of Indonesia Article 28E Paragraph (2). Sociologically, based on legal needs society regarding the leniency when the marriage agreement was made that is the phenomenon of a husband and wife for some reason feels they needed to make a marriage agreement after the wedding day was held. Juridically, the issuance of PMK Nr. 69/PUU-XIII/2015 is not solely on the basis of unconstitutionality, but also on a conflict of norms between Article 29 Paragraph (1) of Act Nr.  Year 1974 with general provisions of the ageement in Book III Code of Civil Law. Referring to PMK No.69/PUU-XIII/2015 which was strengthened by Act Nr. 2 Year 2014, Notary has the right to ratified the marriage agreement into an authentic deed so that there is no justifiable reason for the Department of Population and Civil Registration and Office of Religious Affairs rejects the authentic nature of the deed which is validated bay notary. 

scholarly journals MARRIAGE AGREEMENT FOR THE JOINT ASSETS IN MIXED COUPLE MARRIAGE ACCORDING IN INDONESIA BOOK OF CIVIL LAW NUMBER 1 OF 1974 POST DECISION OF THE COURT OF CONSTITUTION NUMBER 69/PUU-XIII/2015

2021 ◽  
Vol 9 (1) ◽  
pp. 290-301
Author(s):  
Titik Triwulan Tutik
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Court Decision ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
Equal Rights ◽  
The Status ◽  
Joint Property ◽  
Husband And Wife

This study aims to analyze the position of the Marriage Agreement for Joint Treasures in Mixed Marriage from three sides of the law, namely Civil Law, Law Number 1 of 1974, and Constitutional Court Decree Number 69/PUU-XIII/2015. Hypothesis: Decision of the Constitutional Court Number 69/PUU-XIII/2015 in line with Islamic law that prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in marriage. The method: used is normative (dogmatic) legal research, which is intended to find and formulate legal arguments, through analysis of the subject matter. While the approach used in this study there are 4 (four) types, namely: the statutory approach, comparative approach, conceptual approach, and case approach. The results: of the study show that the Constitutional Court Decision Number 69/PUU-XIII/2015 has provided a practical solution in overcoming the problems of a Marriage Agreement on Joint Assets: First, a marriage agreement can be made before, during and after the marriage is implemented. Second, ratification of a marriage agreement may be by a notary public, and effective from the date of the marriage agreement, and may be revoked. Third, marriage agreements are binding on third parties, especially related to the position of joint property in the marriage. This means that, Indonesian citizens have the right to joint property in a mixed marriage as long as the marriage agreement states that. The ruling is in line with Islamic law that prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in a marriage. Conclusion: The legal consequences of the Constitutional Court Decision Number 69/PUU-XIII/2015 on the status of joint property made a marriage agreement after marriage which began since the marriage took place followed by the status of shared property becomes separate if both parties wish in the agreement, as well as assets to be obtained in the future remain the property of each party, without having to obtain a court decision regarding the separation of assets. This ruling is in accordance with Islamic law which prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in marriage.

scholarly journals Economic Losses of the Russian Budgetary System

2021 ◽  
Vol 8 (2) ◽  
pp. 47-52
Author(s):  
Marina V. Karaseva
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Economic Losses ◽  
Constitutional Court ◽  
Physical Damage ◽  
Property Relations ◽  
Single Complex ◽  
Law And Justice

The article analyzes a new legal trend, the essence of which is to consider property relations as a single complex, whereby the boundaries of certain segments of property and legal regulation complement and replace each other. The analysis of jurisprudence and, above all, case law and justice gives examples of such phenomena. The article analyzes the rulings of the Constitutional Court of the Russian Federation, which show a connection between tax and civil law. First of all, this resolution of the Russian Constitutional Court of December 08, 2017 No. 39-П, which was to some extent a turning point, because it introduced the possibility of the subsidy of state coercion and confirmed the new content of delita liability, provided for by Article 1064 of the Russian Civil Code. Delicate liability began to transform and became not only a means of reparations to the holder of absolute right, but also an expanded reimbursement of purely economic losses. The latter are defined as physical damage not resulting from physical injury to a person or property. From these positions, the article analyzes the Rulings of the Russian Constitutional Court of 05.03.2019 No. 14-П and from 02.07 2020 No. 32-П. The two above-mentioned rulings are united by the fact that the possibility of recovering purely economic losses under Article 1064 of the Russian Civil Code in these decisions is assumed, i.e., it indirectly stems from the content of the decision. In the article the author concludes that the widespread use of tort liability situations involving public relations shows that, thanks to the expansion of its content, it tends to go beyond civil law and the article by the institution of inter-industry.

scholarly journals Civil-legal institutions in tax law enforcement.

2017 ◽  
Vol 1 (3) ◽  
pp. 42-49
Author(s):  
Marina Karaseva (Sentsova)
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The State ◽  
Constitutional Court ◽  
Legal Institutions ◽  
The Russian Federation ◽  
Property Losses ◽  
Civil Order

The subject. The enforcement of civil-legal institutions, such as liability for damage and unjustenrichment in tax disputes.The purpose of the paper is to identify how the civil-legal institutions may help in interpretationand enforcement of tax legal rules.The methodology. The methods of analysis and synthesis are used. The focus of the scientificanalysis concerns the decisions of the Constitutional Court of the Russian Federation,the Supreme Court of the Russian Federation and the courts of general jurisdiction.Results and scope of application. Damage (harm) caused to the state by tax arrears is fundamentallydifferent from the harm (damage) caused to the civil order, responsibility forwhich is provided by Art. 1064 of the Russian Civil Code. Concerning the damages to stateby tax arrears, these arrears don’t affect the initial assets of the state and couldn’t be reimbursedusing to the civil order (Art. 1064 of the Russian Civil Code).Concerning property deduction on personal income tax, it can't be equaled to tax (arrears)by using the legal fiction. Because the underestimation of the tax base for personal incometax leads to property losses of the budget, this situation is subject to the application of civillaw institutions.Conclusions. Today the law enforcement practice creates a situation of substitution of legalityby expediency. The essence of this situation is that, if it is not possible to solve a situationby using tax legal rules, the situations is solved by civil law, although the applicationof the civil law to these situations is not possible on the merits.

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 THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 71-77
Author(s):  
Arinie Sherlita Cholis
Keyword(s):  
Science And Technology ◽  
Civil Law ◽  
Court Decision ◽  
Constitutional Court ◽  
Biological Father ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Legal Standing ◽  
Biological Parents ◽  
The Relationship

The problems regarding the legal standing of an out-of-wedlock child that demands inheritance rights from both biological parents. The purpose of this thesis are to find out about the legal standing regarding the relationship between out-of-wedlock children and how the inheritance rights of an out-of-wedlock child in the distribution of inheritance by both biological parents are related to the Constitutional Court Decision Number 46/PUU-VIII/2010 in terms of civil inheritance law. The type of research used in this journal is Normative Juridical. The problem approaches used in writing this paper are the Statutory Approach and the Conceptual Approach. The legal material used is primary legal material and secondary legal material. This research of the problem after the Constitutional Court's Decision Number 46/PUU-VIII/2010 can be concluded that the out-of-wedlock child has not only a civil relationship with his mother but also with his biological father if he/she can prove it with science and technology and in inheritance issues, the child out of wedlock in terms of civil law must be recognized by his biological father so that he/she can become an heir, but with the Constitutional Court Decision Number 46/PUU-VIII/2010, the out-of-wedlock child can get not only a share of the inheritance from his mother who is without recognition but also inheritance from his/her biological father if it is proven to have a civil relationship as evidenced by science and technology

scholarly journals IMPLEMENTASI YURIDIS PERJANJIAN KAWIN DALAM SISTEM HUKUM POSITIF DI INDONESIA

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Hanafi Arief
Keyword(s):  
Family Law ◽  
Civil Code ◽  
Public Order ◽  
Covenant Marriage ◽  
Religious Law ◽  
Marital Agreement ◽  
Husband And Wife

Marital agreement is part of the ?eld of family law which must comply with the provisions of Book I of the Civil Code (BW) Setting of the marriage covenant in the Book of the Civil Code Act is described in Part VII of the Civil Code Article 139 s / d 154. Broadly speaking, marital agreements are binding the party / bride in case of marriage. Based on Article 139 of the Civil Code (BW), the existence of the agreement to marry is as an exception of provision of Article 119 of the Civil Code, namely when the marriage takes place then legally valid rounded unity between the wealth of the husband and wife or in other words the extent set. Article 139 of the Civil Code contains a principle that the prospective husband and wife are free to determine the contents of the marriage covenant they made. However, these freedoms are limited by some restrictions that must be considered by a prospective husband and wife who will make a covenant marriage. The substance of the agreement is not contrary to public order (openbareorde), decency, and religious law.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN

2019 ◽  
Vol 5 (2) ◽  
pp. 464-491
Author(s):  
Respati Nadia Putri ◽  
Sonny Dewi Judiasih ◽  
Nanda Anisa Lubis
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Court Decision ◽  
Constitutional Court ◽  
Normative Approach ◽  
Marriage Contract ◽  
Legal Consequence ◽  
Notary Public ◽  
Husband And Wife

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed.  The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties.  The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.

scholarly journals THE SEVERAL UNLAWFUL ACT AFTER NUPTIAL AGREEMENT IN INDONESIA

2021 ◽  
Vol 5 (2) ◽  
pp. 328
Author(s):  
Heriyanti Heriyanti ◽  
Elvira Fitriyani Pakpahan ◽  
Diana Diana
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Public Order ◽  
Constitutional Court ◽  
Research Results ◽  
The Third ◽  
Approach Method ◽  
The Moment ◽  
The One ◽  
Marital Agreement

The rule of Constitutional Court has eased on the essential interpretation inherent in the prevailing prenuptial agreement. The prenuptial agreement is understood no longer as the one drawn up prior to the marital process but thereafter as well, as long as it is not against the norms of religion, public order, morals, and third parties. Essentially, it is in accordance Act on Marriage and seemingly more comprehensive than the interpretation of marital agreement of inherence at civil law. The approach method used is a normative juridical approach, the research results obtained state that the implication that the marital agreement can be drawn up either after or before the nuptial execution. The nuptial agreement is compulsory to be legalized on the notarial deed before the execution. The nuptial agreement before or at the moment of marital execution process under the terms that it does no harm to the third part

scholarly journals La destrucción de la obra codificadora = The Destruction of the Coding Work

2020 ◽  
pp. 3
Author(s):  
Rodrigo Bercovitz Rodríguez-Cano
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
The State ◽  
Constitutional Court ◽  
Autonomous Community ◽  
Autonomous Communities ◽  
Contractual Obligations ◽  
Normative Content

<p>La competencia legislativa que la Constitución permite a las Comunidades Autónomas con propio derecho civil para desarrollarlo requiere que el desarrollo esté justificado por los principios peculiares de aquél y por tener una conexión con su contenido normativo previo. Lo que determina que ese desarrollo legislativo no puede ser ilimitado. Tal es la doctrina del Tribunal Constitucional al interpretar el artículo 149.1.8 de la Constitución. El propio Tribunal ha venido aplicando dicha doctrina con poco rigor. Pero su Sentencia 132/2019 prescinde de esa doctrina, a pesar de que aparenta respetarla, al admitir la competencia legislativa de la Comunidad Autónoma de Cataluña para regular todo tipo de contratos, sin que la competencia exclusiva del Estado para regular las bases de las obligaciones contractuales pueda impedirlo. Con lo que se permite que las Comunidades Autónomas con propio derecho civil lo desarrollen ilimitadamente, prescindiendo del valor y del significado de nuestro Código Civil.</p><p> </p><p>The legislative competence that de Constitution allows the Autonomous Communities with their own civil law to develop it requires that development be justified by its peculiar principles and by having a connection with its previous normative content. What determines that this legislative development cannot be unlimited. Such is the doctrine of the Constitutional Court when interpreting article 149.1.8 of the Constitution. The Court itself has been applying this doctrine with little rigor. But his Sentence 132/2019 disregards this doctrine, despite appearing to respect it, by admitting the legislative competence of the Autonomous Community of Catalonia to regulate all kinds of contracts, without the exclusive legislative competence of the state to regulate the bases of contractual obligations may prevent it. Thus the Autonomous Communities with their own civil law are allowed to develop it unlimitedly, regardless of the value and meaning of our Civil Code.</p>

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