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I Ketut Kasta Arya Wijaya
Universitas Warmadewa Denpasar
Law, Crime, Criminology & Criminal Justice

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Marriage Agreement As Legal Protection For Both Parties in Marriage Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.505

Abstract

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.
Legal Certainty On The Applicability Of The Minister Of Home Affairs Regulation No. 86/2017 in The Preparation Of Local Government Work Plans Anak Agung Ngurah Bgs Pradhana Ningrat; I Wayan Rideng; I Ketut Kasta Arya Wijaya
Pemuliaan Keadilan Vol. 2 No. 2 (2025): April : Pemuliaan Keadilan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i2.506

Abstract

This study examines Legal certainty is a crucial element in effective governance, especially in the context of laws and regulations. This research examines the enforceability of the Minister of Home Affairs Regulation No. 86/2017, which regulates the preparation of the Local Government Work Plan (RKPD). This research finds that legal certainty in the RKPD is strongly influenced by the implementation and supervision of the regulation. In addition, challenges in harmonization between central and local regulations are an important factor in ensuring effective enforcement. The results show that the ambiguity in Article 78 results in uncertainty in the integration of pokir into the RKPD, thus reducing the effectiveness of DPRD participation and potentially creating conflict between the executive and legislature. To improve legal certainty, it is suggested that further revision and explanation of the provision is needed, as well as training for local officials on more effective implementation of the regulation. The findings are expected to serve as recommendations for policymakers in drafting clearer and firmer regulations.This research recommends clarification and revision of Article 78 to create a clearer framework and support synergy between local governments and DPRDs. The findings are expected to contribute to the improvement of more inclusive and responsive regional planning policies.
Co-Authors Anak Agung Ngurah Bgs Pradhana Ningrat I Wayan Rideng Kresna Ayung Begawan