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All Journal Unes Law Review GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Eduvest - Journal of Universal Studies
Tunggu, Rafael
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Aerospace Engineering Humanities Computer Science & IT Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences

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DISPARITAS PENETAPAN PENGADILAN TERHADAP PERMOHONAN PERKAWINAN PASANGAN BERBEDA AGAMA Tunggu, Rafael
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 10 No. 3 (2024): 2024 Maret
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v10i3.153

Abstract

The title of the research is Disparity in Court Determinations Regarding Marriage Applications for Couples of Different Religions. The problem to be answered is how the District Court responds to marriage requests from couples of different religions in Indonesia, whether all requests are rejected or whether there is a disparity, namely some are rejected and some are granted. Apart from that, we also want to know the judge's considerations in both rejecting and granting marriage requests for couples of different religions. The method used in this research is a normative legal research method, namely legal research on principles, doctrines (teachings), norms, rules of statutory regulations, and court decisions. The analysis was carried out descriptively-qualitatively by criticizing the judge's considerations using several approaches, namely conceptual, statutory and comparative. The results of the research show that there is disparity in court decisions regarding marriage applications between couples of different religions. In the Surakarta District Court's decision Number 403/Pdt.P/2019/PN Skt, the judge rejected the application of a couple of different religions on the grounds that the parties did not enter into a marriage based on religion in accordance with the orders of Article 2 paragraph (1) of Law Number 1 of 1974 in conjunction with Number 16 of 2019 concerning Marriage. In the Determination of the Surakarta District Court Number: 278/Pdt.P/2019/PN.Skt, the judge granted the marriage request of a couple of different religions on the basis that the parties had entered into a marriage according to the procedures of the Catholic Church, which shows that the Muslim parties had submitted to voluntarily comply with Catholic marriage procedures, which thus fulfills the demands of Article 2 paragraph (1) of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. These two court decisions are guided by the Letter of the Registrar of the Supreme Court of the Republic of Indonesia Number 231/PAN/HK.05/1/2019 dated 30 January 2019 in response to the letter of the Director General of Population and Civil Registration of the Ministry of Home Affairs Number 472.2/18752/DUKCAPIL dated 10 October 2018 concerning Marriage Registration different religions, which in essence allows registration if a marriage has taken place according to one of the religions adhered to by the parties. With the issuance of SEMA Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, judges are not permitted to grant applications for registration of marriages between people of different religions.
Implikasi Yuridis Dianutnya Causal Stelsel Terhadap Kekuatan Mengikat Sertifikat Tanah Objek Hak Tanggungan Tunggu, Rafael
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1650

Abstract

This research was conducted to determine and analyze the juridical implications of adopting causal stelsel on the binding strength of land certificates obtained from the auction results for the execution of mortgage rights. The legal problem is how the juridical implications of adopting causal stelsel have on the binding force of land certificates obtained from auction results for the execution of mortgage rights. To achieve the research objectives, a document study of the Makassar District Court Decision Number: 278/Pdt.G/2018/PN-Mks has been carried out using three approaches, namely the conceptual approach, legislation and legal objectives. The results of the research show that in his legal considerations the judge stated that the land certificate obtained from the auction for the execution of mortgage rights does not have binding force if it can be proven that from a historical perspective the certificate was issued for the first time on the basis of an unlawful act, namely the party who sold the land for the first time had no right. act freely on the object of buying and selling. As a result, auction buyers who are not aware of hidden defects in the auction object do not receive legal protection.
Legal Protection of Good Faith Buyers in Resolution of Land Rights Disputes Tunggu, Rafael
Eduvest - Journal of Universal Studies Vol. 4 No. 1 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i1.1012

Abstract

This research was carried out to determine and analyze legal protection for buyers in good faith in resolving land rights disputes. To achieve the research objectives, a document study has been carried out on the Decision of the Makassar District Court Number: 318/Pdt.G/BTH/2014, with three approaches, namely the conceptual approach, legislation and legal objectives. The research results show that in his legal considerations the judge stated that if the land sale and purchase transaction does not fulfill the "halal cause" element in accordance with the provisions of Article 1320 paragraph (4) of the Civil Code, then the buyer cannot be categorized as a buyer in good faith and therefore does not receive legal protection. The judge's consideration was seen as wrong because it did not take into account the element of the buyer's ignorance of the existence of hidden defects in the object of sale and purchase, that the object of sale and purchase was in the status of "dispute and court confiscation".
Implikasi Yuridis Dianutnya Causal Stelsel Terhadap Kekuatan Mengikat Sertifikat Tanah Objek Hak Tanggungan Tunggu, Rafael
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1650

Abstract

This research was conducted to determine and analyze the juridical implications of adopting causal stelsel on the binding strength of land certificates obtained from the auction results for the execution of mortgage rights. The legal problem is how the juridical implications of adopting causal stelsel have on the binding force of land certificates obtained from auction results for the execution of mortgage rights. To achieve the research objectives, a document study of the Makassar District Court Decision Number: 278/Pdt.G/2018/PN-Mks has been carried out using three approaches, namely the conceptual approach, legislation and legal objectives. The results of the research show that in his legal considerations the judge stated that the land certificate obtained from the auction for the execution of mortgage rights does not have binding force if it can be proven that from a historical perspective the certificate was issued for the first time on the basis of an unlawful act, namely the party who sold the land for the first time had no right. act freely on the object of buying and selling. As a result, auction buyers who are not aware of hidden defects in the auction object do not receive legal protection.
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