scholarly journals Tinjauan Yuridis Terhadap Perceraian Bagi Pegawai Negeri Sipil

2020 ◽  
Vol 2 (2) ◽  
pp. 14-18
Author(s):  
I Made Gede Adi Palguna
Keyword(s):  
Civil Servants ◽  
Conceptual Approach ◽  
Materials Analysis ◽  
Custody Of Children ◽  
The Law ◽  
Materials Used ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Marriage is a bond the inner and outer man and woman as husband and wife with the aim offorming a family or household that is happy and eternal based on one supreme divinity. Divorce is theelemination of the marriage with the decision of the judge or the demands of one of the parties to themarriage.Civil servants who will do the divorce or certificate in advance of the official. Issues raisedin this research is how the procedure to be followed for civil servants to obtain a permit divorce andhow the legal consequences arising from divorce for civil servants. This study is the legal normative,conceptual approach and approach the laws. Legal materials used are the primary legal material andsecondary legal materials. Collection of legal material is done by quoting, summarizing and providesreviews and documentation of primary legal materials. Analysis of legal material used are collectinglegal material which is then analyzed systematically. Procedure to be followed in obtaining permitsdivorce for civil servants is a must have permission from his superiors to those in change of civilservants. Environment, respectively the first to be attempted reconciliation between the husband andwife, if not succesful, then the officer tok the decision at the request of the divorce license with considerthe reason the reason. Legal consequences arising from divorce to civil servants is due to the law of thehusband and wife are legal consequences for children are sharing custody of children as a result ofmarital property, namely the division of joint property or possessions together.

scholarly journals Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 871
Author(s):  
Pulung Jati Kusuma ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Analysis Method ◽  
Estate Property ◽  
The Law ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

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.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

scholarly journals Tanggung Jawab Direksi atas Terjadinya Pailit Perseroan Terbatas

2020 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Antonius Faebuadodo Gea ◽  
Hirsanuddin Hirsanuddin ◽  
Djumardin Djumardin
Keyword(s):  
Limited Liability ◽  
Company Law ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
The Board Of Directors ◽  
Approach Method ◽  
Separate System ◽  
Accountability Mechanism ◽  
The Law ◽  
Legal Consequences

This research was conducted to find out how the directors' accountability mechanism caused by an error or negligence caused the limited company to go bankrupt and how the legal consequences on the bankruptcy of a limited liability company. This type of research was classified as a normative legal research or also called doctrinal research, namely research that examined the law as a separate system that was separate from various other systems in society so as to provide a boundary between the legal system with other systems. The approach method used was the statutory approach; and Conceptual Approach. In principle, the Board of Directors was not personally responsible for acts committed for and on behalf of the company based on its authority. The scope of conduct that would be personally accounted for by the directors of the company was negligence because the directors did not fulfill the contents of the agreement and mistakes because the directors commit acts against the law. Bankruptcy of a Limited Liability Company was the bankruptcy of itself, not the bankruptcy of its management, even though the bankruptcy was due to the negligence of its management. So that management should not be held liable jointly for any losses due to negligence and could only be held accountable if the company's assets were not sufficient to cover losses due to bankruptcy Article 90 paragraph (2) of the Limited Liability Company Law).

scholarly journals Perjanjian Jual Beli Buku Pemilik Kendaraan Bermotor Tanpa Kendaraan Pada Aplikasi Facebook

2020 ◽  
Vol 9 (3) ◽  
pp. 632
Author(s):  
Tyas Yuniawati Suroto ◽  
I Made Sarjana
Keyword(s):  
Motor Vehicle ◽  
Descriptive Analysis ◽  
Conceptual Approach ◽  
Book Sale ◽  
Freedom Of Contract ◽  
Analysis Technique ◽  
Legal Consequence ◽  
Materials Used ◽  
Legal Consequences ◽  
Research Show

This study aims to analyze the validity of the Motor Vehicle Owner's Book sale and purchase agreement on the Facebook application in relation to the principle of freedom of contract and to analyze the legal consequences of the Motor Vehicle Owner's Book sale and purchase agreement on the Facebook application which is expected to be a benchmark for how it should be regulated regarding selling and buy this Motor Vehicle Owner's Book in the future. This study uses a normative legal research method with a statutory approach and a conceptual approach. The legal materials used are sources of primary legal materials, sources of secondary legal materials and sources of tertiary legal materials. The technique of collecting legal materials used is an argumentative technique and descriptive analysis technique. The results of the research show that the sale and purchase agreement for a Motor Vehicle Owner's Book without a vehicle is a valid agreement as long as the agreement meets the legal requirements of an agreement set out in Article 1320 of the Civil Code. The legal consequence of this agreement is that it can be canceled if it does not meet the subjective requirements and is null and void if the objective conditions are not met. In the BPKB sale and purchase agreement without a vehicle, it is clear that if the objective conditions are not met, then the agreement is null and void or the existence of the agreement is deemed not to exist from the start. Studi ini bertujuan ini untuk menganalisis keabsahan perjanjian jual beli Buku Pemilik Kendaraan Bermotor pada aplikasi Facebook dikaitkan dengan asas kebebasan berkontrak serta menganalisis akibat hukum dari adanya perjanjian jual beli Buku Pemilik Kendaraan Bermotor pada aplikasi Facebook yang diharapkan akan menjadi tolak ukur mengenai bagaimana seharusnya diatur mengenai jual beli Buku Pemilik Kendaraan Bermotor ini di masa mendatang. Studi ini menggunakan metode penelitian hukum normatif dengan pendekatan   perundang-undangan  dan    pendekatan  konsep. Bahan  hukum  yang digunakan  adalah  sumber  bahan  hukum  primer,  sumber  bahan hukum   sekunder   dan   sumber   bahan   hukum tersier. Teknik pengumpulan bahan hukum yang digunakan adalah  teknik argumentative serta teknik analisis deskriptif.  Hasil dari penelitian menunjukan bahwa perjanjian jual beli Buku Pemilik Kendaraan Bermotor tanpa disertai kendaraan merupakan perjanjian yang sah sepanjang perjanjian tersebut memenuhi syarat sahnya sebuah perjanjian yang tertuang di dalam Pasal 1320 Kitab Undang-Undang Hukum Perdata. Akibat hukum dari adanya perjanjian ini yaitu dapat dibatalkan apabila tidak memenuhi syarat subyektif dan batal demi hukum apabila syarat obyektifnya tidak terpenuhi. Dalam perjanjian jual beli BPKB tanpa kendaraan sudah jelas apabila syarat obyektifnya tidak terpenuhi maka perjanjian tersebut batal demi hukum atau keberadaan perjanjian tersebut sejak awal dianggap tidak ada.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

scholarly journals Akibat Hukum Pembubaran Koperasi Terhadap Hak dan Kewajiban Anggota

2021 ◽  
Vol 2 (3) ◽  
pp. 465-471
Author(s):  
Riandy Arya Satria ◽  
I Nyoman Putu Budhiarta ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Economic Situation ◽  
Business Continuity ◽  
Flow Conditions ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Materials Used ◽  
Legal Consequences ◽  
Ebb And Flow

In running a cooperative business, of course, the ups and downs of the economic situation greatly affect the profit and loss of a business, in the ups and downs the cooperative can develop and develop its business so that it gets bigger, but in the ebb and flow conditions the cooperative can also experience losses that will have an impact on business continuity to cause the cooperative to go bankrupt or dissolution of the cooperative. The dissolution of a cooperative certainly has legal consequences for both the management and the members. The purpose of this study was to determine the legal consequences of the dissolution of the cooperative on the rights and obligations of members. This study uses normative research with a statutory approach, a conceptual approach, and a case approach. Sources of legal materials used in the form of secondary, primary and tertiary legal sources and then analyzed descriptively. The results of the study reveal that the legal consequences that occur after the dissolution of the cooperative, namely the cooperative legal entity must be settled, operational transactions are terminated, employees can be terminated, members can no longer resign, the powers of the cooperative apparatus are frozen and are also replaced by liquidators, and management and supervisors can be held accountable both civilly and criminally if it is proven that due to their mistakes and negligence the cooperative has gone bankrupt. In addition, the legal entity of the cooperative will also be deleted

scholarly journals Akibat Hukum terhadap Jual Beli Rumah Harta Bersama Pasca Perceraian

2020 ◽  
Vol 1 (1) ◽  
pp. 209-213
Author(s):  
Rai Agus Dwi Ernata Putra ◽  
I Nyoman Budiartha ◽  
Luh Putu Suryani
Keyword(s):  
Social Conflict ◽  
Civil Code ◽  
Third Parties ◽  
The Status ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

A marriage in Indonesia is a matter that is considered very, very sacred which in that period of course has various consequences. Along with this period, it is not uncommon for a social conflict to become a community disease when a quarrel occurs between the two, namely divorce which will eventually spread to other problems such as childcare issues, gono-gini assets and other assets that were obtained during the marriage. . The purpose of this research is to know the status of the sale and purchase of joint property houses after divorce and to know the legal consequences of buying and selling joint property after divorce against third parties. This study uses a normative method with a statutory approach, namely by reviewing laws, books and various opinions of scholars and experts. So that the results of this study reveal that the assets between the husband and wife have been regulated and stipulated in Article 119 of the Civil Code (KUH Perdata) which explains that starting from the validity of a marriage, it also applies the unanimity of assets as long as it is not There are other rules that state and regulate their assets which are tied to marriage, which were made before the marriage took place.

scholarly journals Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

2021 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Nurainy Usman ◽  
Merry Tjoanda ◽  
Saartje Sarah Alfons
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Conceptual Approach ◽  
Research Results ◽  
Unilateral Termination ◽  
The Future ◽  
Legal Consequence ◽  
The Law ◽  
Contract Termination ◽  
Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

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