Dwikornida Dwikornida
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Akibat Hukum Pernikahan Siri Perspektif Hukum Islam Joni Zulhendra; Dwikornida Dwikornida
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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This article aims to a secret marriage or an unregistered marriage, whether a single marriage or polygamy, is an invalid marriage before positive law. This occurs due to a lack of legal understanding and minimal legal awareness from some people about the importance of registering their marriage. In addition, the conclusion we draw from the factors underlying the occurrence of a secret marriage itself is the high cost of marriage, obstacles during the study period, and a lack of education and understanding of religious teachings. The legal impacts that can arise from a secret marriage include; can cause conflict in the family, for example because it is not approved, interfaith marriage, polygamy and so on, economic and educational impacts, this is usually done by students, the legal impact is that a secret marriage is a violation of the law, social and psychological problems and impacts on religion, for example a secret marriage carried out by a cleric or kyai
Peranan PPAT Dalam Pendaftaraan Tanah Ulayat Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah Yevendri Yevendri; Dwikornida Dwikornida
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Land has a very important meaning and role for human life, because everyone needs land during their life until they die and considering the structure of life and the economic pattern of the majority of which is still agrarian and as a country with an agrarian system, land is a very suitable and complex livelihood for each person to achieve prosperity in various fields, where the land itself is also the basic capital in the development of a nation and its benefits must be managed as well as possible including customary land, namely rights that are inherent as a special competence in customary law communities, in the form of authority/power to manage and regulate land and its contents with internal and external validity. In connection with the ownership of rights to customary land, UUPA regulates land registration which aims to provide legal certainty as regulated in Article 19 which reads, "To guarantee legal certainty, the Government shall carry out land registration throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations". The Government Regulation in question is Government Regulation No. 24 of 1997 concerning Land Registration. In Article 37 number (1) of Government Regulation No. Law No. 24 of 1997 concerning Land Registration states: "The transfer of land rights and ownership rights to apartment units through sale, exchange, gift, investment in a company, and other legal acts of transfer of rights, except for transfer of rights through auction, may only be registered if granted by a deed drawn up by an authorized Land Deed Official (PPAT) in accordance with applicable laws." According to Article 1, number 24 of Government Regulation No. 24 of 1997 concerning Land Registration, a Land Deed Official (PPAT), hereinafter referred to as PPAT, is a public official authorized to draw up certain land deeds. Given the importance of PPAT, it is fundamentally closely related to legal acts concerning land rights. To prove legal acts concerning land rights, an authentic deed is required. A public official is someone who carries out some of the public functions of the state, particularly in the field of civil law. The public official referred to above is the PPAT.
Analisis Putusan Sela Pengadilan Negeri Padang Kelas 1A Tentang Kompetensi Absolut Pengadilan Niaga (Putusan Sela : 54/Pdt.G/2024/PN Pdg) Yunimar Yunimar; Dwikornida Dwikornida; Yudha Mardinata
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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A valid agreement based on Article 1320 of the Civil Code requires agreement, competence, a specific object, and a lawful cause, binding the debtor to fulfill the performance with the general guarantee of Articles 1131-1132 of the Civil Code. If one party does not fulfill its performance, it is called a breach of contract. The settlement of the breach of contract can be done in court and out of court. Settlement in court, the judge sees whether the dispute is within his authority in terms of relative competence or absolute competence in adjudicating. Disputes that occur by business actors, the authority of the commercial court is to resolve them. A dispute resolved in the commercial court may not be sued back to the district court. In this regard, the Interim Decision Number 54/Pdt.G/2024/Pn Pdg of the district court, the Padang district court has decided that it is not within its authority to resolve the dispute. The formulation in this research is How is the consideration of the judge of the Padang District Court Class 1A Padang in the interim decision regarding the Absolute Competition of the Commercial Court (Interim Decision: 54/Pdt.G/2024/Pn Pdg)?, How is the analysis of the Interim Decision of the Padang District Court Class 1A Regarding the Absolute Competition of the Commercial Court (Interim Decision: 54/Pdt.G/2024/ Pn Pdg)? This research uses a descriptive juridical normative legal research method, the data required is secondary data with data collection through literature studies, data processing used in this research uses editing and coding techniques. The results of this study indicate that 1. The judge's consideration in the Interim Decision 54/Pdt.G/2024/PN Pdg which granted the exception of error in persona and absolute competence because the defendant had been bankrupt since March 13, 2024, so that the plaintiff was wrong to sue an individual instead of a curator, the dispute over default of the Sale and Purchase Deed No. 06/2022 entered the realm of the Commercial Court, so that the judge stated that the Padang District Court did not have the authority to handle the dispute of the bankrupt debtor according to Law Number 37 of 2004, 2. legally, the Interim Decision Number 54/Pdt.G/2024/PN Pdg stated that the Padang District Court did not have absolute authority over the dispute over default of the bankrupt debtor, because absolute authority lies with the Commercial Court based on Article 300 paragraph (1) of Law Number 37 of 2004, so that the judge is obliged to consider the main points of the dispute and the petitum as a whole, with resolution being through akkoord or settlement of bankrupt assets by the curator. Therefore, the author suggests that plaintiffs be more discerning in submitting lawsuits to the competent courts with both relative and absolute competence.