scholarly journals The Legal Aspect of Cancellation of a Marriage Due To Formed Identity (Case of Decision Number 586 / PDT.G / 2014 / PN. JAKSEL)

2021 ◽  
Vol 4 (2) ◽  
pp. 2658-2663
Author(s):  
Riki Afri Rizki ◽  
Sriono Sriono ◽  
Risdalina Risdalina
Keyword(s):  
Government Regulation ◽  
Legal Aspect ◽  
Civil Law ◽  
Legal Aspects ◽  
District Court ◽  
Mixed Marriage ◽  
Marriage Law ◽  
Marriage Problems ◽  
Legal Consequences ◽  
Laws And Regulations

This article examines the legal aspects of the cancellation of marriage due to identity forgery based on the case of the South Jakarta District Court Decision Number 586 / PDT.G / 2014 / PN.JAKEL , this is regulated in Law number 1 of 1974 concerning Marriage. This research uses normative juridical research, which refers to the provisions of positive laws and regulations in Indonesia among the laws and regulations on Marriage by knowing the procedures of the marriage law and making it a guide in resolving problems in society. The results of the study found indicators of legal aspects between husband and wife that arise because of marriage between them. AThere are different nationalities, so that it becomes a study of International Civil Law and mixed marriage problems in Indonesia between Jessica Iskandar and Ludwig Frans Willibald regarding the validity of the marriage certificate so that it can be canceled and legal consequences after marriage cancellation. So there are important things that need to be considered if there is someone foreigners or non-citizens of Indonesian citizens who will conduct a mixed marriage with an Indonesian citizen. The marriage procedure is regulated in the Implementation Regulation of the Marriage Law, namely Government Regulation No. 9 of 1975 So that there are important things that need to be considered in the applicable marriage law, it should be known about the legal aspects and legal consequences according to the legal aspects in Indonesia. 

scholarly journals ASPEK HUKUM TERHADAP TRANSAKSI PINJAMAN ONLINE

2021 ◽  
Vol 2 (1) ◽  
pp. 25-40
Author(s):  
Wahyuni Wahyuni
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Legal Aspects ◽  
Comparative Approach ◽  
Legal Analysis ◽  
Case Study Approach ◽  
Study Approach ◽  
Legal Consequences ◽  
Laws And Regulations

Abstract Online loans are currently being discussed a lot, especially regarding the legality underlying. Where there is no clarity regarding the transaction mechanism and the legal consequences of the achievements made by both parties, and also not a few who end it through criminal law. In this regard, the authors would like to emphasize several legal aspects of this online loan transaction by conducting a normative-empirical legal analysis, using several approaches, including the approach to related laws and regulations, a case study approach related to online loan cases and a comparative approach or comparison to compare loan transactions made online and loan transactions made offline. Because the transaction mechanism is carried out online, this agreement cannot be separated from the principles adopted in civil law as well as the conditions for the validity of an agreement, so that even though online loan transactions are carried out online, they must be subject to applicable laws and regulations. and carry out the process of validating data and information for each party so that in the event of a default by one of the parties it can be resolved without harming one of the parties in the transaction. Abstrak Pinjaman Online saat ini sedang banyak diperbincangan terutama mengenai payung hukum yang mendasarinya. Dimana belum ada kejelasan terkait bagaimana mekanisme transaksinya serta bagaimana akibat hukum dari prestasi yang dilakukan oleh kedua belah pihak, dan pula tidak sedikit yang mengakhirinya melalui jalur hukum pidana. Berkaitan dengan hal tersebut, maka penulis ingin menegaskan beberapa aspek hukum terhadap transaksi pinjaman online ini dengan melakukan analisis secara hukum normatif-empiris, dengan menggunakan beberapa pendekatan, antara lain pendekatan peraturan perundang-undangan terkait, pendekatan studi kasus yang berkaitan dengan kasus pinjaman online dan pendekatan komparasi atau perbandingan untuk membandingkan transaksi pinjaman yang dilakukan secara online dan transaksi pinjaman yang dilakukan secara offline. Oleh karena mekanisme transaksi yang dijalankan secara online, maka perjanjian ini tidak terlepas dari prinsip-prinsip yang dianut dalam hukum keperdataan serta yang menjadi syarat sahnya suatu perjanjian, sehingga transaksi pinjaman online tersebut sekalipun dilakukan secara online, namun harus tunduk pada perundang-undangan yang berlaku serta melakukan proses validasi data dan informasi masing-masing pihak sehingga ketika terjadi wanprestasi oleh salah satu pihak dapat diselesaikan tanpa merugikan salah satu pihak dalam transaksi tersebut.

scholarly journals Hukum Pernikahan di Kesultanan Melaka Abad ke-15 dan ke-16 M

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 1-32
Author(s):  
Ayang Utriza Yakin
Keyword(s):  
Research Finding ◽  
Islamic Law ◽  
Common Law ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Marriage Contract ◽  
Marriage Laws

This article examines legal aspects of Marriage law in the Sultanate of Malaka in the 15th and 16th centuries. It focuses on some legal aspects of Undang-undang Melaka (a text of laws of Melaka) represented by Liaw Yock Fang, regarding the issues of marriage such as wali (marriage guardian), ijāb-qabūl (consent of both parties), witness(es), t\alāq (repudiation), faskh (broken marriage contract), interfaith marriage and marrying slave. This study aims to know the source of the marriage laws of Undang-Undang Melaka (UUM). It shows that UUM was a collection of common law in Melaka and consisted of Islamic law. One aspect of Islamic laws was marriage law. In UUM, the legal aspect was based on fiqh of several schools (madhhab), particularly the al-Shāfi‘ī school derived from al-Iqnā’ written by al-Sharbini. This finding also refuses the previous research finding stating that it was derived from al-Taqrīb by Abū Shujā‘. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1248

scholarly journals Penyelesaian Perselisihan Hubungan Industrial melalui Putusan Perdamaian di Pengadilan Hubungan Industrial Pengadilan Negeri Padang Kelas I (A)

2020 ◽  
Vol 6 (1) ◽  
pp. 35
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona ◽  
Efa Laela Fakhriah
Keyword(s):  
Dispute Settlement ◽  
Low Cost ◽  
Legal Aspect ◽  
Industrial Relations ◽  
Civil Procedure ◽  
District Court ◽  
Employment Service ◽  
The Past ◽  
Laws And Regulations ◽  
Legal Force

Industrial relations disputes can be resolved through court (litigation) and out of court (non litigation) as stipulated in Law Number 2 of 2016 concerning Industrial Relations Dispute Settlement (PPHI). From the formal legal aspect governing the settlement of industrial relations disputes is the Law Civil Procedure that applies in the General Court, which is usually complicated and long. Usually for litigation at the District Court level, at least the workers/litigants must meet for 8 to 10 days. Padang District Court in the IA Class in order to achieve the principle of Civil Procedure Law Fast, Simple and Low Cost made a breakthrough with the success in bringing a decision on peace in industrial relations disputes in the past 4 years. The author is interested whether this Peace ruling does not contradict Article 4 of PERMA Number 1 of 2016 and does not confl ict with statutory regulations and has permanent legal force. The method used in this research is normative juridical analysis of facts that exist systematically. The results of the research and discussion showed that Article 4 of PERMA Number 1 of 2016 is doubly meaningful, so that the Peace Decision in the Padang District Court of Class IA is not in confl ict with the laws and regulations and has permanent legal force. The factors causing peace in the Padang Industrial Relations Court, namely Article 4 PERMA Number 1 of 2016 has a double meaning, so that the Padang Industrial Relations Court refers to Article 130 HIR, there is pressure on the bipartite process, mediation in the employment service is less than optimal, the parties those who disputed want peace to be carried out in the industrial relations court, the panel of judges considered that disputes were very possible to be carried out peacefully, and to reduce the accumulation of cases in the court.

scholarly journals Pengaturan Pendaftaran Secara Online Single Submission terhadap Usaha Kecil dan Menengah di Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 289-295
Author(s):  
Zaini Munawir ◽  
Sri Hidayani
Keyword(s):  
Government Regulation ◽  
Legal Aspects ◽  
Business Activity ◽  
Legal Research ◽  
Is Research ◽  
Library Research ◽  
Laws And Regulations

The OSS system is aimed at accelerating and increasing investment and making efforts and making it easier for Business Actors, both individuals, and non-individuals. To simplify the registration/management of business activity licenses, for example, the purpose of this study is to determine the background of OSS registration for MSMEs in Indonesia and its implementation in Indonesia. This research is normative legal research. Normative legal research is research that discusses legal aspects, by conducting library research that is oriented towards applicable laws and regulations. Registration is the registration of businesses and/or activities by Business Actors through OSS. Business Actors as referred to in Article 6 of Government Regulation Number 24 of 2018 shall register for business activities by accessing the OSS page as stipulated in Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services.

scholarly journals Efektivitas Undang-Undang Nomor 16 Tahun 2019 Terhadap Pernikahan Di Bawah Umur

2021 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Aulil Amri ◽  
Muhadi Khalidi
Keyword(s):  
Child Protection ◽  
Legal Aspects ◽  
Child Marriage ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Legal Subjects ◽  
Legal Consequences

Legal certainty and firmness must exist in a law or regulation. Because without legal certainty, the rights of legal subjects will be taken away and neglected. Likewise, without strictness in the law, it will make legal subjects feel worried and insecure because they feel that the law does not provide protection for them. Law Number 16 Year 2019 concerning Amendments to Law Number 1 Year 1974 is deemed not to have legal certainty and firmness, because the stipulation of the age limit for marriage in this law only considers and is based on Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection. Furthermore, Law Number 16 Year 2019 still provides an opportunity for the Indonesian people to carry out child marriage. Law Number 16 Year 2019 must look at various other legal aspects and have clear legal consequences, so a comprehensive revision of this law is required. Even if possible, Law Number 1 Year 1974 must be reviewed and adjusted to the current and future legal problems. By applying the concept of benefit and rejecting harm in a law or regulation, the objectives of the law or regulation will be achieved and become effective.

scholarly journals ANALISIS PENETAPAN HAKIM DALAM PEMBERIAN IZIN PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI MAKASSAR

2019 ◽  
Vol 2 (1) ◽  
pp. 13-17
Author(s):  
Cornelis Hendra Watungadha ◽  
Muhammad Arfah P ◽  
Yulia A Hasan
Keyword(s):  
Field Research ◽  
Legal Aspects ◽  
District Court ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Community Environment ◽  
The Family ◽  
Key Informant ◽  
Interfaith Marriages ◽  
Legal Marriage

Penelitian ini bertujuan untuk mengidentifikasi pemberian izin perkawinan beda agama.  Penelitian menggunakan metode kualitatif, yang bersumber dari data informan kunci, dokumen-dokumen dan wawancara serta bahan-bahan dari pustaka yang berlaku dan berkaitan dengan pemberian izin nikah beda di Pengadilan Negeri Makassar. Hasil penelitian menun-jukkan bahwa fenomena perkawinan beda agama yang terjadi di kalangan masyarakat Indonesia bisa menimbulkan berbagai macam permasalahan dari aspek hukum dan lingkungan masyarakat. Perkawinan beda agama menurut Undang-Undang No 1 Tahun 1974 adalah perkawinan yang sah, karena berdasarkan Pasal 2 ayat (1) Undang-Undang Perkawinan No 1 Tahun 1974, perkawinan yang sah adalah perkawinan yang dilakukan menurut hukum masing-masing agama dan kepercayaan. Dari Pasal 2 ayat (1), berbunyi bahwa undang-undang perkawinan menyerahkan sahnya suatu perkawinan dari sudut agama, jika suatu agama memperbolehkan perkawinan beda agama maka perkawinan agama boleh dilakukan, tetapi jika suatu agama melarang perkawinan beda agama, maka tidak boleh melakukan perkawinan beda agama. Berda-sarkan hasil penelitian lapangan menunjukkan bahwa setiap agama di Indonesia melarang untuk melakukan perka-winan beda agama. Oleh karena itu, perkawinan beda agama adalah perkawinan yang tidak sah menurut undang-undang perka-winan, serta Hakim juga harus melihat bagaimana rumah tangga pelaku perkawinan beda agama ke depannya, karena sulit terjadi keharmonisan dalam keluarga jika masing-masing pasangan tunduk pada agama yang berbeda, dan rentan perse-lisihan antar pasangan dalam hal mengasuh anak.  This study aims to identify the licensing of interfaith marriages. The study uses qualitative methods, which are sourced from key informant data, documents and interviews as well as material from applicable libraries and are related to granting different marriage licenses in the Makassar District Court. The results showed that the phenomenon of interfaith marriages that occurred among Indonesian people could cause various kinds of problems from the legal aspects and the community environment. Interfaith marriage according to Law No. 1 of 1974 is a legal marriage, because based on Article 2 paragraph (1) of Marriage Law No. 1 of 1974, a legal marriage is a marriage conducted according to the law of each religion and belief. From Article 2 paragraph (1), it states that the marriage law gives up the validity of a marriage from the point of religion, if a religion allows interfaith marriages then religious marriages are permissible, but if a religion prohibits interfaith marriages, then no marriages may be of different marriages. religion. Based on the results of field research shows that every religion in Indonesia forbids interfaith marriages. Therefore, interfaith marriages are illegitimate marriages according to marriage law, and the Judge must also look at how households of interfaith marriages in the future, because harmony in the family is difficult if each partner is subject to different religions, and prone to disputes between partners in parenting.

scholarly journals Pencantuman Hak Opsi Perpanjangan Jangka Waktu Sewa Dalam Perjanjian Sewa Menyewa Rumah (Studi Kasus Putusan Pengadilan Negeri Denpasar Nomor 467/Pdt.G/2014/PN.Dps)

Acta Comitas ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 233
Author(s):  
Anak Agung Dalem Jagat Krisno ◽  
I Nyoman Sirtha ◽  
Dewa Gde Rudy
Keyword(s):  
Government Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Good Faith ◽  
District Court ◽  
Legal Concept ◽  
Materials Used ◽  
The Right ◽  
Legal Consequences ◽  
Lease Agreement

Indonesian Civil Code, Act Number 1 of 2011 and Government Regulations Number 14 of 2016 does not regulate firmly on the terms of the option rights. Whereas in practice, a lease agreement that includes an option lease term extension lease clause has generated a dispute between the parties in court. The formulation of the issues to be discussed in this thesis is 1). Is the Denpasar district court decision number 467 / Pdt.G2014 / PN.Dps in relation to the lease term extension option is in compliance with the principles of contract law? 2). What are the legal consequences of the extension of the lease term option in the lease agreement? The type of research in this thesis is normative legal research because it departs from the void norm in the Indonesian Civil Code, Act Number 1 of 2011 and Government Regulation Number 14 of 2016 is related to the option right to extend the lease term. The types of approaches used are legislation approach, legal concept analysis approach and case approach. Sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is done by document study. The technique of analysis of legal materials used is technique description, evaluation, and argumentation. The results of research on the issues studied are the court ruling that overrides the tenant's option rights is incompatible with the principle of contract law, the principle of pacta sunt servanda, the principle of good faith and the principle of propierty. The tenant has the option to extend the lease term as stipulated in the lease agreement and the exercise of the right option is done in good faith.

scholarly journals KEABSAHAN PENGGUNAAN KUASA MUTLAK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG DIBUAT OLEH NOTARIS

2018 ◽  
Vol 1 (2) ◽  
pp. 301
Author(s):  
Clara Vania ◽  
Gunawan Djajaputra
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Power Of Attorney ◽  
Land Registration ◽  
Absolute Power ◽  
Legal Consequences ◽  
Laws And Regulations

Absolute power of attorney is a power of attorney containing an irrevocable element by the authorizing party. Since the Instructions of the Minister of Home Affairs Number 14 Year 1982 concerning the Prohibition of Absolute Power of Attorney as the Transfer of Land Rights took effect on 6 March 1982 and Government Regulation Number 24 Year 1997 concerning Land Registration took effect on 8 July 1997, the use of absolute power of attorney has been banned. But in the practice, the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is still found. This is what often causes conflict because the use of absolute power of attorney is considered contrary to the laws and regulations in Indonesia. The formulation of the problem in this thesis is how the validity of the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land made by a public notary and how the legal consequences of the Binding Sale and Purchase Agreement of Land that use absolute power of attorney. The results of the study showed that regarding the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is legal and does not violate the laws and regulations. In addition, the legal consequences arising from the use of this absolute power of attorney in the Binding Sale and Purchase Agreement of Land are still recognized and remain valid and binding for the parties who have made them.

scholarly journals AKIBAT HUKUM PERKAWINAN BEDA AGAMA MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 TENTANG PERKAWINAN

2020 ◽  
Vol 2 (1) ◽  
pp. 75-85
Author(s):  
Andi Syamsulbahri ◽  
Adama MH
Keyword(s):  
Marital Status ◽  
Marriage Law ◽  
Marital Problems ◽  
Interfaith Marriage ◽  
Interfaith Marriages ◽  
The Status ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Religious Differences ◽  
Laws And Regulations

AbstractIn reality, in the life of the community that marriage is not a complicated issue where the couple embrace same religion. But this will be a problem if the two couples embrace different religions. This will be a problem because with religious differences, the marriage will be hindered. This study uses the normative juridical method, namely research conducted by reviewing the laws and regulations along with other regulations relevant to the problem under study. The laws and regulations that will be studied in this study are the laws and regulations that are related to marital problems of different religions.The legal consequence of interfaith marriages is that marital status of the different religions is not legal according to each religion so that it is also invalid according to Law number 1 of 1974 concerning marriage. With an illegitimate marital status, it will also have legal consequences on the status and position of the child. Children born from marriages of different religions are illegitimate or out-of-wed children. Because their parents' marriages are not legal marriages, the result is that the child has no civil relationship with his father, and the child only has a civil relationship with his mother.Keywords: Interfaith Marriage; Legal Consequence; Marriage Law.

scholarly journals Оwnership as a legal category

Legal Ukraine ◽  
2020 ◽  
pp. 15-21
Author(s):  
Oleh Ilkiv
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Legal Aspects ◽  
Roman Law ◽  
Acquisition Time ◽  
Real Right ◽  
Bona Fide ◽  
Fact Finding ◽  
Judicial Procedure ◽  
The Right

The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified. Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects. The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance. Key words: right of possession, property right, rights, acquisitive prescription.

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