scholarly journals “A Juridical Review Towards The Land Rights Ownership In Mixed Marriage”

2020 ◽  
Vol 3 (1) ◽  
pp. 1-18
Author(s):  
Rahmia Rachman ◽  
Erlan Ardiansyah ◽  
Sahrul Sahrul
Keyword(s):  
Qualitative Method ◽  
Land Rights ◽  
Mixed Marriage ◽  
Constitutional Rights ◽  
Legal Research ◽  
Civil Registration ◽  
The People ◽  
Marriage Contract ◽  
Marital Property ◽  
Joint Property

Mixed marriage causes a legal impact on Indonesian citizens marrying foreign citizens. They cannot have land rights since it is a part of joint property in marriage based on laws and regulations on land in Indonesia following the nationalism principles. The problem involved the guarantee of constitutional rights in land rights ownership is for the Indonesian citizens having a mixed marriage and the requirements for property/assets division agreement in a mixed marriage. This used normative legal research using the legislative approach and case approach. The legal materials consisted of primary legal materials, secondary legal materials, and tertiary legal materials that were then analyzed and concluded using the descriptive-qualitative method. The result was that the Indonesian citizens, having a mixed marriage with foreign citizens, had similar constitutional rights to other Indonesian citizens for land rights provided that the land was not included in joint property and proven by a marriage contract containing property/assets division. The marital property division agreement can be made at the time of or before the wedding, or during the marriage in the form of a Notarial Deed, and be legalized by a marriage registrar. For Moslems, it is registered in the Office of Religious Affairs, while for non-Moslems, it is registered in the Civil Registration Office. If the contract has been legalized, the content in the contract will bind the people who make it (husband and wife).

scholarly journals The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

2021 ◽  
Vol 28 (1) ◽  
pp. 75-89
Author(s):  
Perwitiningsih Perwitiningsih ◽  
Rikardo Simarmata
Keyword(s):  
Qualitative Method ◽  
Land Rights ◽  
Land Law ◽  
Legal Research ◽  
Regional Finance ◽  
Marital Property ◽  
Land Titles ◽  
The One ◽  
Collection Practice ◽  
Descriptive Qualitative

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.

scholarly journals DAMPAK PERNIKAHAN BEDA AGAMA TERHADAP KETERLIBATAN HIDUP MENGGEREJA SEBAGAI UMAT BERIMAN KRISTIANI

2019 ◽  
Vol 19 (2) ◽  
pp. 15-27
Author(s):  
Hendri Kusnadi ◽  
Albert I Ketut Deni Wijaya
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Mixed Marriage ◽  
Negative Effects ◽  
Interfaith Marriage ◽  
Positive Effects ◽  
The People ◽  
Church Life ◽  
Definition Of ◽  
The Church

Marriage is a partnership between man and woman who have been baptized. It is monogamous and inseverable in nature. Dealing with the characteristic of catholic marriage, the church forbids the mixed marriage to occur. The prohibition is an attempt of the church to protect the Catholics’ faith from the risk of mixed marriage. In the other hands, the church creates a policy which is in the form of permission for mixed marriage. Further, this kind of marriage has impacts towards the church life. One of the impacts is causing intolerance in which the Catholics become inactive in the church life. Regarding the effect of interfaith marriage towards the involvement of church life as Christians, some problems are formulated such as : 1) what is the definition of interfaith marriage? 2) how is the church life of the people who commit interfaith marriage as Christians3) What are the effects of interfaith marriage towards their church life? In this research, Qualitative method is applied. Mean while, the method of interviewing (structural) is used to collect the data. The direct interviews are conducted privately between the parties. Moreover, the respondents of this research are the Catholics who undertake a mixed marriage at chapelry of Saint Vincentius A Paulo Jenangan. Based on the result of the research, there are three things which are found. First, people have lack of understanding about interfaith marriage. They are unable to differentiate between mixed marriage of different religion or church. Besides, they do not really understand the process of gaining permission to undertake the marriage. Second, people are not active in doing the activities in the church. They said that they only involved in 2 fields out of 5 church duties. Furthermore, there are negative effects of interfaith marriage, that is the intolerance of a party who is not catholic. In the case, the intolerance itself is the different opinion which causes anger and always be brought up. However, there are also some positive effects which appears from interfaith marriage. One of them is the tolerance of a non-Catholic party who always reminds his or her partner to go to the church.

scholarly journals KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA

2018 ◽  
Vol 3 (2) ◽  
pp. 247-263
Author(s):  
Adhitya Dimas Pratama
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
Community Property ◽  
Separating Property ◽  
The Status ◽  
Legal Consequences

Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance agreement treasure to land ownership and settlement of land ownership issues arising from mixed marriage without separation agreement treasure. The method used is a normative legal research, namely legal research done by researching library materials or secondary law while in locating and collecting data is done by two approaches, namely legislation and conceptual approaches. The results showed that the legal consequences of intermarriage in the absence of agreement separating property to the ownership rights to the land after the enactment of Law No. 1 of 1974 About the marriage, property acquired during the marriage is community property as engaging joint property so that if it is not made an prenuptial agreement the property rights to land shall be released within a period of one (1) year or the land falls to the state. The resolution attempts to do to the problems of land ownership arising from mixed marriages without the agreement split the treasure is in the form of drafting of a treaty mate after marriage or reduction of land rights from property rights into rights of use in accordance with the provisions of that kind of tenure, which may possess by someone follow the status of their land rights subjects in accordance with the provisions of the legislation

scholarly journals Siri Marriage Practices In Makmur Village Community, In Gambut, Banjar District

2020 ◽  
Vol 20 (1) ◽  
pp. 27
Author(s):  
Rahmiyati Rahmiyati ◽  
Diana Rahmi ◽  
Nadiyah Nadiyah
Keyword(s):  
Qualitative Approach ◽  
Legal Research ◽  
Village Community ◽  
Marriage Ceremony ◽  
The People ◽  
Marriage Contract ◽  
The Subject ◽  
Depth Interviews

AbstractThis research is motivated by the existence of the practice of marriage series in the Makmur Village community, Gambut  Banjar District, South Borneo. The procession of a marriage contract at a series of marriages conducted by the people of Makmur Village was carried out without the attendance of the Registrar of Marriage and the knowledge of the Religious Affairs Office (KUA). Even so, it turned out that after the marriage contract took place it was held at Siri marriage. This research is empirical legal research which is a case study, using a qualitative approach. The author delves into the data needed by conducting in-depth interviews with the subject under study. The findings of this study are that the marriage of Siri which is practiced by the people of Desa Makmur is held like the official marriage ceremony. Walimah was held openly by inviting family and surrounding communities. Holding a Siri marriage is an act that is usually done, therefore if Siri marriage is done continuously it will result in more siri marriages occurring in the community, especially in Makmur Village. AbstrakPenelitian ini dilatarbelakangi oleh adanya praktik walimah pernikahan siri pada masyarakat Desa Makmur Kecamatan Gambut Kabupaten Banjar. Prosesi akad nikah pada pernikahan siri yang dilakukan oleh masyarakat Desa Makmur dilaksanakan tanpa dihadiri oleh Pegawai Pencatat Nikah dan tanpa sepengetahuan pihak KUA. Meskipun begitu, ternyata setelah akad nikah berlangsung diadakanlah walimah pada pernikahan siri tersebut. Penelitian ini merupakan penelitian hukum empiris yang bersifat studi kasus, dengan menggunakan pendekatan kualitatif. Penulis menggali data yang diperlukan dengan melakukan wawancara mendalam terhadap subjek yang diteliti. Hasil temuan dari penelitian ini adalah walimah pernikahan siri yang dipraktikkan oleh masyarakat Desa Makmur diselenggarakan seperti walimah pernikahan yang resmi. Walimah tersebut diselenggarakan secara terang-terangan dengan mengundang keluarga dan masyarakat sekitar. Mengadakan walimah pernikahan siri merupakan suatu perbuatan yang sudah biasa dilakukan (kebiasaan), oleh karena itu apabila walimah pernikahan siri terus menerus dilakukan maka akan berakibat bertambah banyak terjadi pernikahan siri pada masyarakat, khususnya di Desa Makmur.    

scholarly journals JURIDICAL ANALYSIS OF RIGHTS REGISTRATION PROCESS ON LAND AND OWNERSHIP STATUS TO CONFIRM LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 10-25
Author(s):  
Hafiz Al Hakim ◽  
Point Aminah ◽  
Idham I ◽  
Feby Milanie ◽  
Andri Saifannur Saifannur
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Constraint Factors ◽  
Ownership Status ◽  
The People ◽  
The Status

Land registration aims to guarantee legal certainty and certainty of land rights. By holding land registration, the parties concerned can easily find out the status of the legal status of the particular land they are dealing with, their location, area and boundaries. And also as a condition for the implementation of orderly land administration. The purpose of this study is to find out the legal arrangements regarding the process of registering land rights and ownership status in order to confirm legal certainty and how to implement, constraint factors and solutions to problems that occur in the community. This research uses normative legal research methods. The normative method is writing that uses primary materials or data. In normative legal research, library materials in the form of basic data which in the study are classified as secondary data. Secondary data can include primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the legal arrangements regarding the responsibilities of the Batam City National Land Agency in the process of registering land rights have been carried out well by the Batam City National Land Agency in order to realize legal certainty for the people of Batam City. However, in carrying out their duties there are still obstacles in the process of registering land rights in Batam City because of the imbalance of authority with the Batam Concession Agency as the holder of land management rights in Batam City. So, the solution is expected to have special regulations regarding this so that the process of registering land rights in Batam City can run in accordance with the laws and regulations.

scholarly journals Perlindungan Hukum Bagi Kreditur Bank pada Perjanjian Kawin dalam Perkawinan Campuran

2020 ◽  
Vol 1 (1) ◽  
pp. 37-43
Author(s):  
Kadek Megah Bintaranny ◽  
I Nyoman Putu Budiartha ◽  
I Wayan Arthanaya
Keyword(s):  
Research Method ◽  
Married Couple ◽  
Legal Protection ◽  
Third Party ◽  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
Legal Consequences ◽  
Joint Property

The problem faced by the couple of a mixed marriage in Indonesia is that there are provisions in Indonesian law regarding the incorporating of assets immediately into joint property after the marriage. But on the other hand, there are laws regulating that foreigners may not own property rights in Indonesia, so joint property involving a number of properties in the form of movable or immovable property will be impossible for foreigners to own. This study examines two issues: the legal protection for third party, the bank creditors relating to the status/property status of a married couple in mixed marriages in a marriage agreement and the legal consequences of non-performing loans related to the couple’s property if they commit defaults. To uncover these two matters, the study was conducted using the normative legal research method. The results show that creditors are protected in a preventive and repressive manner. Legal consequences for husband or wife property for bank creditors if the debtor is bound in the mixed marriage defaults depend on the form of the marriage agreement made. A husband or wife who is an Indonesian citizen as a debtor is permitted to guarantee the material security of his assets freely and can be taken as collateral for repayment by the bank’s creditors if the debtor is in default.

scholarly journals Population and Civil Registration Service of Bandar Lampung City’s Digital Bureaucratic System in Realizing an Effective and Efficient Government

2021 ◽  
Vol 2 (2) ◽  
pp. 109-120
Author(s):  
Sondika Ragani ◽  
Adrian E. Rompis ◽  
Santi Hapsari Dewi Adikancana
Keyword(s):  
Human Activity ◽  
Secondary Data ◽  
Community Services ◽  
Online Service ◽  
Legal Research ◽  
Civil Registration ◽  
The People ◽  
Technological Developments ◽  
The Government ◽  
Registration Service

Nowadays, technological developments cannot be avoided. Technological developments in this era are to facilitate every human activity. The development of technology today is marked by the number of applications that can facilitate the community's affairs. An example is the application of the Community Online Service from the Population and Civil Registry Office of Bandar Lampung City called Pelayanan Online Masyarakat Duduk Manis (Permen Manis). This application is expected to help community services to help manage population documents and realize an effective and efficient government. The problem identified is the application of digital bureaucracy in the Population and Civil Registration Office, or Dinas Kependudukan dan Pencatatan Sipil (Disdukcapil) of Bandar Lampung City realizes an effective and efficient government? The research uses normative legal research by collecting and analyzing secondary data. by looking to the public's comments, especially on Permen Manis application users in Bandar Lampung’s Civil Registry Office. By this article the researcher hope the government in Bandar Lampung could improve the services towards the people in Bandar Lampung.

scholarly journals Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

2021 ◽  
Vol 2 (3) ◽  
pp. 590-596
Author(s):  
Anak Agung Istri Altia Dwi Widaswari ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Equitable Distribution ◽  
Secondary Sources ◽  
Marital Property ◽  
The Law ◽  
Materials Used ◽  
Joint Property ◽  
Husband And Wife

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

scholarly journals PENGATURAN HUKUM CALON LEGISLATIF MANTAN NARAPIDANA

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Salim Fauzi Lubis ◽  
Ismail Ismail ◽  
Mina Mardiana
Keyword(s):  
Human Rights ◽  
The State ◽  
Constitutional Rights ◽  
Political Rights ◽  
Legal Research ◽  
The People ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Election Commission

Election or local election is a way of channeling the rights of every principle community, which means that the right to vote and vote is contained in his constitutional rights as citizens. In article 28 letter D of the Republic of Indonesia Republic of 1945 which reads that "every citizen has the right to have the same opportunity in government". The sound contained in the article contains the understanding that the State guarantees each of its citizens to obtain the rights to sit in government either as People's Representatives, regents, Mayors, Governors, or even become a President. The method used in this study is normative juridical legal research which uses a statutory approach. The issue raised by the author is How the Human Rights Perspective of Legislative Candidates in Organizing Elections and How Comparative Legal Arrangements for Former Legislative Candidates Examined From Law Number 7 of 2017 Concerning General Elections With Regulation of the Election Commission Number 20 of 2018 Regarding Nominating Members Regional Representative Council, Provincial Regional Representative Council, Regency / City Representative Council. In terms of the implementation of elections need to be held honestly, fairly and democratically based on the spirit of Democracy that has been carried out so far so as to create leaders and representatives of the people who side with their people. Speaking of Human Rights, everyone has the same rights before the State and applies to former corruption convicts who have or have the same political rights as other citizens guaranteed by the constitution.

UPAYA PENINGKATAN MUTU PENDIDIKAN DI PONDOK PESANTREN HJ. HANIAH MAROS SULAWESI SELATAN

2012 ◽  
Vol 10 (2) ◽  
Author(s):  
Abdul Muin
Keyword(s):  
Qualitative Method ◽  
Healthy Lifestyle ◽  
Boarding School ◽  
Education Quality ◽  
Quality Of Education ◽  
The People ◽  
Interest And Motivation

AbstractThe purpose of this paper is to reveal how the quality of education in this Islamic boarding school is, particularly related to education facilities, curriculum and strategies of education quality improve­ments. This study used the qualitative method. Findings of this study are: first, education infrastructure and facilities are relatively complete and adequate, which are supported by the atmosphere of the Islamic boarding school that is full of simplicity and modesty by habituation in implementing clean and healthy lifestyle. Second, the tafaqquh fi-al din (understanding of religion)-based curriculum compiled by the Islamic boarding school occupies the same degree (equal) to the curriculum prepared by the Ministry of Religious Affairs, so that both tafaqquh fi-al din (understanding of religion) studies and general studi­es have high electability, which is able to increase the quality of education and also generates interest and motivation of the people (parents) to put their children to the Islamic boarding school. Third, education in the Islamic boarding school has a strong independency because it is supported by substantial financial resources.AbstrakTujuan tulisan ini untuk mengungkapkan bagaimana mutu pendidikan di pondok pesantren ini, khususnya berkaitan dengan sarana pendidikan, kurikulum dan sterategi peningkatan mutu pendidik­an. Penelitian ini menggunakan metode kualitatif. Hasil temuan studi ini adalah: Pertama, sarana dan fasilitas pendidikan relatif lengkap dan memadai, ini didukung oleh suasana kehidupan pondok pesan­tren yang penuh kesederhanaan dan kebersahajaan dengan pembiasaan menerapkan pola hidup bersih dan sehat. Kedua, kurikulum yang berbasis tafaqquh fi-al din yang disusun oleh pondok pesantren ini menempati derajat yang sama (equal) dengan kurikulum yang disusun Kementerian Agama, sehinga baik kajian tafaqquh fi al-din maupun pelajaran umum memiliki electabilitas yang tinggi, hal ini mampu meningkatkan mutu pendidikan dan sekaligus membangkitkan animo dan motivasi masyarakat (orangtua) untuk memasukkan anaknya ke pesantren ini. Ketiga, penyelenggaraan pendidikan di pon­dok pesantren ini memiliki kemandirian yang kuat, karena didukung oleh sumber dana yang besar.

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