Latupono, Barzah
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Akibat Hukum Pembatalan Pelaksanaan Perkawinan Secara Sepihak Bairatnissa, Zulvira Zalleh; Latupono, Barzah; Fataruba, Sabri
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1099

Abstract

Introduction: Marriage must go through a legal process and be recognized by both the community and the state.Purposes of the Research:the purpose of compiling this writing for all people who study law in the civil field, especially those related to the factors causing annulment and legal consequences of unilateral annulment of marriageMethods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of gathering legal materials carried out in this study was library research, then it was analyzed qualitatively.Results  of the Research: The laws and regulations regarding marriage do not regulate at all the legal consequences related to the unilateral cancellation of marriage (marriage) after the proposal and engagement, so people are so easy to annul it unilaterally to the detriment of the other party.However, if referring to the jurisdiction of the Supreme Court Number 3191 K/Pdt/1984 dated December 12, 1985, then the unilateral annulment of marriage (marriage) after the proposal and engagement is a violation of the norms of decency and propriety in society, and is an act against the law,where this jurisprudence is then used as the basis of legal consideration of the Supreme Court judge in Decision Number: 1644 K/Pdt/2020. Namely the decision on the unilateral annulment of marriage (marriage) after the proposal and engagement made by Agus Suyitno to his partner Sri Subur Lestari.
Legal Study of Energy Management and Environmental Conservation in the Islands Region Based on Human Rights Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah; Ariani, Nevey Varida
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/g4t56p74

Abstract

Equal distribution of energy is still not truly realized for communities in remote areas in island provinces, especially Maluku. The reality shows that recht idee is still part of the long struggle of Indonesian society, especially in eastern Indonesia. Scientific studies regarding energy justice are a relatively new object of study. In fact, legal research regarding the influence of island cluster development on energy distribution in archipelagic provinces has never been carried out before. For this reason, this research was carried out to answer legal problems related to the design of equitable energy fulfillment based on human rights. The research method used is normative juridical research. Based on the research, it was found that fair energy management in fulfilling human rights in archipelagic provinces should be based on the application of norms and the aim of establishing norms in the context of protecting human rights and humanitarian aspects based on the principles of: (1) The principle of equality; (2) Community participatory principles; (3) transparent principle; (4) principles for implementing the protection of Human Rights; (5) the principle of justice in regulations for island provinces; (6) Principles of utilizing renewable technology and resources.
Legal Certainty of Court Decisions with Permanent Legal Force: Kepastian Hukum Putusan Pengadilan yang Berkekuatan Hukum Tetap Moenandar, Revandio Hendruno; Laturette, Adonia Ivone; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3325

Abstract

Introduction: The implementation of the execution of court decisions that have acquired permanent legal force (inkracht) is one of the important aspects in upholding justice in Indonesia. However, in practice, many judgments cannot be implemented or executed in a timely manner, especially in civil disputes over land. Purposes of the Research: This research aims to analyze and explain the legal certainty of court decisions that have permanent legal force in accordance with Laws and Regulations Number 8 of 2004 concerning amendments to Law Number 2 of 1986 concerning the General Judiciary and Law Number 48 of 2009 concerning Judicial Power. Methods of the Research: This research is a normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced. The legal materials used are primary legal materials and secondary legal materials and tertiary legal materials. The problem approaches used in this study are the Statute approach, the conceptual approach and the case approach. Results Main Findings of the Research: Based on the analysis of the executory power of court decisions that have permanent legal force (inkracht van gewijsde) is a fundamental element in ensuring legal certainty, justice, and protection of rights to the object of dispute. However, in practice, many decisions cannot be implemented effectively due to various obstacles, such as resistance from the respondent, intervention from external parties, weak support from law enforcement officials, and the existence of the land mafia. This problem causes legal uncertainty, losses for the winning party, and injures the authority of the judiciary and public trust in the rule of law. This study highlights the case of Determination of Execution Number 22/Pen.Pdt.eks/2018/PN Amb Jo Number 74/Pdt.G/1989/PN Amb as a concrete example of the weak implementation of execution. The author recommends strengthening coordination between institutions, revising regulations to simplify the execution process, imposing strict sanctions on parties who obstruct the implementation of judgments (contempt of court), and legal education to the public to foster awareness of the importance of respecting court decisions. This strengthening is expected to restore public trust in the judicial system and realize real legal certainty.