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TINJAUAN YURIDIS PERKAWINAN ANTARA MASYARAKAT ADAT BADUY DALAM DENGAN MASYARAKAT ADAT BADUY LUAR: Juridical Review of Marriage Between The Inner Baduy Indigenous Community and TheĀ  Outer Baduy Indigenous Community Destiamara; Ning Adiasih
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24007

Abstract

The term marriage in Baduy society is called Rukun Hirup, where if marriage is not carried out, then a person is considered to have violated his or her nature as a human. There are two marriage processes, namely Inner Baduy and Outer Baduy. The marriage process of the Baduy Dalam community still involves matchmaking and is followed by three stages of application. However, the identification problem is not on the marriage process, but on how to deal with marriages between the Inner Baduy and Outer Baduy communities. This research was conducted to answer the main problem, namely what is the practice of marriage between the Inner Baduy and Outer Baduy communities, and what are the legal consequences of this marriage. This research uses empirical legal research which is supported by empirical data with qualitative data management using nonprobability sampling techniques with accidental sampling methods, and conclusions are drawn deductively. The results and conclusiom of the research show that marriage practices between the Inner Baduy and Outer Baduy communities follow the implementation rules of the Outer Baduy. In the marriage between the two, there are legal consequences for the Inner Baduy community, namely that they have to leave and change their status to become Outer Baduy citizens.
MASALAH PELAKSANAAN EKSEKUSI HARTA PERKAWINAN MENURUT SISTEM HUKUM INDONESIA DAN MALAYSIA: The Problem of Executing Marital Property According to the Indonesian and Malaysian Legal System Geraldus Thenys Kurnia Manik Raja; Ning Adiasih
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23672

Abstract

The regulation of polemics regarding the division of post-divorce joint property is different in the jurisdictions of Indonesia and Malaysia. This study discusses the procedure and the advantages and disadvantages of executing marital property in both legal systems. Using a normative legal research method with a comparative legal approach, this study qualitatively analyzes secondary data to produce descriptive data and draw deductive conclusions. The results show that Indonesia has a structured execution procedure in the Religious Court, though it is constrained by the complexity of customary land practices and issues. Meanwhile, Malaysia's Syariah Court offers diverse enforcement mechanisms and emphasizes mediation; however, it faces jurisdictional fragmentation and difficulties proving non-financial contributions. In conclusion, both systems have unique advantages and challenges in ensuring the fairness of post-divorce property division.
ANALISIS PENOLAKAN PERMOHONAN UJI MATERIIL PERATURAN KOMISI PEMBERANTASAN KORUPSI NOMOR 1 TAHUN 2021 Gilang Narawangsa Namara; Adiasih, Ning; Narawangsa Namara, Gilang
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15291

Abstract

The Supreme Court's existence is inextricably linked to its status as the highest court in the land, with the power to physically examine and assess legal rules to determine whether a product is legal in terms of content (material) that is incompatible with a higher or higher level. The issue is how the judge's considerations in the Supreme Court decision No. 26/P/HUM/2021 in light of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 regarding the Corruption Eradication Commission (KPK) and its decision Constitutional Court Number 70/PUU-XVII/2019 and the authority of the KPK after the issuance of Supreme Court Decision Number 26/P/HUM/2021 on the Eradication of Corrupt Practices in Indonesia. The research is normative, using secondary data, analyzed qualitatively, deductive conclusions. The results of the research and discussion are that the plaintiff's request must be accepted by the panel of judges who tried the case without changing the permit. The author has opinion that the Supreme Court decision is inconsistent with the applicable laws and regulations. Conclusion: there are differences in interpretation and meaning regarding the national vision test and there is no change in authority before and after decision 26/P/HUM/2021 which is attached to the national vision test of Law No. 19 of 2019.
PENERAPAN SISTEM PEWARISAN PATRILINEAL MASYARAKAT ADAT BATAK TOBA (PUTUSAN NOMOR 3494 K/PDT/2016) Maria Raissa Sofia Rantan; Adiasih, Ning
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16548

Abstract

The Patrilineal Kinship System, the inheritance system chosen by the Toba Batak people, places men in a greater position than women, particularly as heirs because men pass down the clan to their kids. The issue is how the judge evaluates the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 and whether the resolution of the Toba Batak customary community's inheritance dispute in Decision Number 3494 K/Pdt/2016 is consistent with the patrilineal inheritance principle that has been applied to the Toba Batak community. The study utilizing deductive reasoning, qualitative analysis of secondary material and normative legal research approaches. The outcomes of the research, discussion and conclusion of this study are the judge's considerations in Decision Number 3494 K/Pdt/2016 considering letter evidence and witness statements, it is proven that if the disputed land was obtained by the biological mother of the Cassation Respondent who was previously purchased from the Nagari so that those who are entitled to inherit are the Cassation Respondent and the Toba Batak customary inheritance dispute settlement in Decision Number 3494 K/Pdt/2016 is not in accordance with the principle of patrilineal inheritance that has been in effect for the Toba Batak people.
ANALISIS YURIDIS PERCERAIAN PADA PENGADILAN AGAMA DI NEGARA INDONESIA DAN BRUNEI DARUSSALAM: Juridical Analysis of Divorce in Religious Courts in Indonesia and Brunei Darussalam Wahyu Saputra; Ning Adiasih
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19510

Abstract

There are differences in the settlement of divorce between Indonesia and Brunei Darussalam. The formulation of the problem is the similarities and differences in divorce arrangements according to Indonesian law and Brunei Darussalam law and how the divorce procedure in religious courts and the Sharia Court. The research was conducted normatively, descriptive analysis, sourced secondary data based on Primary and Secondary legal materials, analyzed caulitatively and drew conclusions with deductive logic. The results of the discussion found similarities in the divorce process in the Religious Court and the Sharia Court and differences in Brunei Darussalam allow for divorce to be carried out by the Sharia Court and while in Indonesia it does not regulate divorce outside the court. The conclusion is that broadly speaking the law on divorce in Indonesia and Brunei Darussalam has 2 similarities and 5 differences.
Position of a Single Judge in a Small Claim Court: Role and Responsibilities Flora, Henny Saida; Adiasih, Ning; Lumban Gaol, Selamat; Mustikarini, Indriyana Dwi; Koynja, Johannes Johny
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.903

Abstract

In the context of litigation, a simple lawsuit is one that has no legal recourse. It is an objection that is heard by judges who are senior in the field. This type of lawsuit is convenient for the community at large, encompassing companies, People's banks, and other banks whose proof is simple. The data collection methods employed in this research are observation, interview, and documentation. The subject of this research is the application of a straightforward lawsuit in the Jakarta District Court, specifically, the types of cases that may be resolved by such a suit. This is a qualitative study employing an empirical juridical approach, employing a descriptive methodology. This research provides a conclusion that a simple lawsuit based on Supreme Court Regulation Number 4 of 2019 represents a significant advancement over Supreme Court Regulation Number 2 of 2015. However, it was subsequently amended by Supreme Court Regulation Number 4 of 2019. The value of the lawsuit is set at IDR 500,000,000.00, with a case subscription period of 25 days. The categories of this simple lawsuit are default (breach of promise) and tort, with the exception of those concerning land issues. The application of this simple lawsuit at the Pekanbaru District Court is commendable, although a few obstacles remain. However, these do not impede the resolution of existing cases. With regard to the obstacles for judges in this simple lawsuit, namely the District Court, it is necessary to implement a more extensive socialization program to educate the public about this simple lawsuit. This will help to prevent any errors when filing a case resolved through a simple lawsuit.
CIVIL LAW AND CIVIL PROCEDURE EDUCATION FOR THE COMMUNITY: BUILDING LEGAL AWARENESS IN ECONOMIC TRANSACTIONS Adiasih, Ning; Kirana, Gandes Candra; Krestianto, Indra; Ningrum, Rinandu Kusumajaya; Bachry, Ramadhana
Community Development Journal : Jurnal Pengabdian Masyarakat Vol. 6 No. 2 (2025): Volume 6 No. 2 Tahun 2025
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/cdj.v6i2.42949

Abstract

The significance of legal education, particularly in the realms of civil law and civil procedure law, cannot be overstated in fostering legal awareness among the public. This paper aims to examine the role of civil law education and civil procedure law education in enhancing public legal consciousness within economic transactions. By employing a qualitative analytical approach, this study delves into the theoretical frameworks that support legal education and explores empirical evidence from various studies published in the past five years. The analysis demonstrates that a robust understanding of civil law and civil procedure law can empower individuals to navigate economic transactions more effectively, thereby reducing legal disputes and enhancing economic stability. The paper also discusses the challenges and barriers in implementing effective legal education programs and proposes recommendations for improving the public's legal awareness. Ultimately, this research underscores the necessity of integrating comprehensive legal education into public education systems to build a more legally informed society
The Influence of Civil Law on the Quality of Community Life: Case Studies in Big Indonesian Cities Achmad Fitrian; Dodi Rusmana; Ning Adiasih; , Marjan Miharja; Nabain Idrus
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2313

Abstract

This research project aims to examine the influence of civil law on the quality of life of people in big cities through a comprehensive literature review. The role of civil law in maintaining the equilibrium between the rights and obligations of individuals in a complex urban society is of great consequence. This research identifies the ways in which the application of civil law in the areas of property rights, contracts, family, and land affects various aspects of people's lives, including social stability, the economy, and individual welfare. From the literature review, it was found that legal certainty and effective access to civil justice contribute significantly to improving the quality of life of people in big cities. Conversely, ineffective civil law enforcement can lead to uncertainty, conflict, and inequality that negatively affect people's welfare.
A Critical Examination of The Legal Protection Available to Those Who Hold Land Rights Basri; Tamaulina Br. Sembiring; Ning Adiasih; Loso Judijanto; Endah Rantau Itasari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5551

Abstract

The objective of this research is to analyse the legal protection of holders of land rights in development. The research employs a normative legal research method, utilising data sourced from literature studies, including laws and regulations on mining, as well as literature, such as books related to the subject matter. First, it is the duty of the State to protect holders of land rights certificates due to the aforementioned individuals' good faith and the state's decision to issue certificates as proof of land titles. Such certificates should not be canceled by the state without compensation. In light of this, it is essential to have valid, correct, and appropriate rules of state administrative law and their effective implementation to guarantee the legal protection of holders of land rights certificates. Second, in instances where land is required for the implementation of public development, the acquisition process must be conducted expeditiously and in a transparent manner, while maintaining due consideration for the protection of legitimate rights to land. The legal basis for land acquisition for the implementation of development in the public interest as stipulated by Presidential Decree No. 55 of 1993 is no longer deemed appropriate in the current legal landscape. The issuance of Presidential Regulation No. 36 of 2005, which has been amended by Presidential Regulation No. 65 of 2006, is founded on several legal instruments. This research leads to the conclusion that the government's objective is to provide a form of protection and guarantee of legal certainty over land ownership for individuals. This is achieved through the registration of land rights as outlined in Article 19, Paragraph 1 of Law Number 5 of 1960 concerning Basic Agrarian Regulations. The form of legal protection for people's rights to land in development is to provide legal protection for holders of land rights to their land
ANALISIS YURIDIS MENGENAI TINDAKAN PENAWARAN SALING MELENGKAPI DALAM PERSEKONGKOLAN TENDER MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Afdal, Muhammad; Adiasih, Ning
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/dd2k5469

Abstract

The form of collusion that can fulfill the element of collusion is in the form of leaking bid documents by adjusting and comparing bid documents made between bidders before the submission deadline. In the decisions of the business competition supervisory commission number 25 of 2020 and number 35 of 2020, the commission panel considered that complementary offers were a form of adjusting and comparing bid documents before the submission deadline. the mechanism for prohibiting complementary offers is divided into 2 elements, namely leaking bid documents by adjusting and comparing bid documents carried out between tender participants before the submission deadline.
Co-Authors , Marjan Miharja Achmad Fitrian Amriyati Amriyati Amriyati Andari Yuriko Sari Andi Suriyaman Mustari Pide Ardianto, Yosia Arini Suliantari Asha Sagsha Nurshoffa Athalia Christine Lamretta Boru Simbolon Bachry, Ramadhana Basri Batari Abdi Putri Bella Shaqira Sucipto Calso, Ravinka Amelia Destiamara Dominikus Rato Endah Rantau Itasari, Endah Ezra De Artah Sasta Fraya Layola Nainggolan Gabriel Bramantyo Utomo Geraldus Thenys Kurnia Manik Raja Gilang Narawangsa Namara Gilang Narawangsa Namara Hammar, Robert K.R Henny Saida Flora Indra Kho Indriyana Dwi Mustikarini, Indriyana Dwi Jimmy Anthony Johannes Johny Koynja, Johannes Johny Jonathan Santandrea Kirana, Gandes Candra Krestianto, Indra Kunthi Tridewiyanti Lasmaria Lasmaria Loso Judijanto Lumban Gaol, Selamat Maria Raissa Sofia Rantan Maria Raissa Sofia Rantan Meta Indah Budhianti Muhammad Afdal Muhammad Raja Akbar Rachman Nabain Idrus Nabilah Arwi Najwa Qonita Hasan Nam Rumkel Narawangsa Namara, Gilang Ningrum, Rinandu Kusumajaya Nur Aida, Nur Raifahd Razzaq Rais Ratu Salsabila Khairunnisa Rina Yulianti Rizki Kusuma Rosnidar Sembiring Rusmana, Dodi Rustamovich, Ehsonov Jasurbek Salsabila, Unik Hanifah Samudra, Muhammad Mpu Septiyani Septiyani Seruni Anjasmoro Sifra Zifora Sihombing, Januardo Sulung Partogi Siti Nurbaiti St. Laksanto Utomo Sugeng Santoso PN Sulastriyono . Sulistyowati Irianto, Sulistyowati Sylvana Grace Tamaulina Br. Sembiring Tjhwa Endang Djuana Trishya Pradicintia Wahyu Saputra Wahyu Sejati Wayan P. Windia Winny Amanda Darwin Wulansari, Chatarina Dewi Yosa Raynaldi Maruli