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All Journal International Journal of Educational Research and Social Sciences (IJERSC) Journal Of World Science
Taruno Muryanto, Yudho
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Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Certainty Of Waarmerking In Notarized Sale And Purchase Agreements: A Case Analysis Of Civil Proceedings (Case Research: District Court Decision No. 354/PDT.G/2019/PN.SDA) Ayu Tika Sari, Lavrida; Taruno Muryanto, Yudho; Sri Ciptorukmi, Anjar
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.789

Abstract

The purpose of this research is to determine The Legal Certainty of Waarmerking in Notarized Sale and Purchase Agreements: A Case Analysis of Civil Proceedings (Case research: District Court Decision No. 354/Pdt.G/2019/PN.Sda). The research employed in this research is normative research, drawing from literature studies. Data collection techniques involve an extensive literature review. The outcomes indicate that a waarmerking agreement possesses robust legal evidentiary authority in civil cases, contingent upon the parties acknowledging the signatures within the agreement. This is attributed to the fact that the function of waarmerking deeds under the hand primarily ensures the accuracy of the date in the registration of deeds under the hand in a dedicated book within the notary office. In the Sidoarjo court decision, the waarmerking of the binding agreement of sale and purchase, once waarmerked, is deemed valid and binding for both parties by the judge. However, it is noteworthy that the binding agreement of sale and purchase, serving as the foundation for the lawsuit, fails to meet the essential criteria for a valid agreement concerning the specification of "a certain thing." The subject matter pledged in the agreement has undergone a transfer of ownership to a different entity. Consequently, the binding agreement of sale and purchase in the Sidoarjo Court's civil cases lacks legal evidentiary force, as it is deemed to fall short of meeting the essential requisites of the agreement. This situation introduces legal uncertainty for other parties currently exercising control over the land and building.
The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia Thalia Salsabilla, Tadisa; Taruno Muryanto, Yudho; Dyah Kusumawati, Erna
International Journal of Educational Research & Social Sciences Vol. 5 No. 6 (2024): December 2024 ( Indonesia - Somalia - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i6.901

Abstract

The purpose of this article is to analyze the legal position of prenuptial agreements in mixed marriages regarding land rights. The type of research used is normative legal research that investigates the systematics of law. This systematic legal research is conducted on laws and regulations or laws that are in accordance with the topic raised. The results of the study indicate that making a prenuptial agreement for the separation of property in mixed marriages is an effective way to resolve cases related to land rights in mixed marriages. Settlement of land ownership disputes in mixed marriages without a prenuptial agreement in Indonesia is by filing a request for separation of property by one of the husband and wife to the court according to their relative competence. This shows that without a prenuptial agreement, the legal process to protect land rights becomes more complex and requires court intervention. Therefore, a prenuptial agreement is considered important because it provides a more efficient path. According to the author, this settlement is the only best and legal way in the eyes of the law.
Legal Effects Of Making A Testament On The Inheritance Rights Of Members Of The Society Of Jesus (Pastors) Who Resign According To The Civil Code (Study In The Provincial State Of The Society Of Jesus Semarang) Alma Aditya Permana, Benedikta; Taruno Muryanto, Yudho; Budi Kharisma, Dona
International Journal of Educational Research & Social Sciences Vol. 6 No. 2 (2025): April 2025 ( Indonesia - Nigeria - Kazakhstan )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i2.891

Abstract

This thesis examines and analyzes the legal consequences of making a testament and the mechanisms for resolving inheritance rights of members of the Society of Jesus (priests) who have made a testament and later resigned, according to the Indonesian Civil Code ( KUHPerdata ). The study was conducted at the Provincial House of the Society of Jesus in Semarang. The research method used is empirical legal research, employing interviews and literature review approaches. The results of the research show that, according to the Indonesian Civil Code, the legal consequence for a former priest who has made a testament and then resigned is that he remains bound by the testament he previously made. The Society of Jesus community or the Aloysius Association retains its position as the testamentary heir of the former priest, based on the legal grounds of Article 954 of the Civil Code. According to Articles 913–914 of the Civil Code, a testament that has not been revoked can affect the portion of inheritance and determine the subject entitled to the inheritance of the former priest. As a result, it may reduce the legitimate share (legitime share ) of the former priest's family members, including biological children (if married) or biological parents as legataris (recipients of the legitimate portion). For former priests who were leaders of a foundation or institution managed by the Society of Jesus, whose names were used for purposes such as purchasing land under ownership rights, opening bank accounts, or receiving donations, a process of name transfer (re-registration) can be carried out.
Forms of Legal Protection for Lessors in Leasing Agreements After the Constitutional Court Decision No. 18/PUU-XVII/2019 Damara Putri, Immaculata; Ketut Rachmi Handayani, I Gusti Ayu; Taruno Muryanto, Yudho; Zefania Ritonga, Rena; Retnowati Boong, Vicariya
Journal of World Science Vol. 1 No. 6 (2022): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v1i6.56

Abstract

Following on Article 15 Paragraph 2 and Paragraph 3 UU 42/1999, so in practice, Finance Companies, as the lessor, always apply a fiduciary guarantee to the leasing object in the leasing agreement. The power of Fiduciary Deed to execute the leasing object automatically if a debtor breaches of contract has amended its meaning after Constitutional Court released The Decision No. 19/PUU-XVII/2019. It is clearly stated that Finance Companies need a court decision to execute the leasing object of fiduciary guarantee if debtor does not want to surrender the object voluntarily. Therefore, based on utility theory, the purpose of this thesis is knowing whether The Decision No. 19/PUU-XVII/2019 has benefit value for Finance Companies. Then, from this thesis, we want to dig deeper regarding the effort to protect financing companies’ interest in making leasing agreement with debtor. This research is a normative legal research using statute approach, conceptual approach, and case approach. The conclusion of this research is The Decision of Constitutional Court No. 19/PUU-XVII/2019 does not have benefit value for Finance Companies, and also Finance Companies need to more emphasize the leasing agreement related leasing object execution if debtor breaches the contract, then make the leasing agreement become notarial deed.
Co-Authors Alma Aditya Permana, Benedikta Ayu Tika Sari, Lavrida Budi Kharisma, Dona Damara Putri, Immaculata Dyah Kusumawati, Erna Ketut Rachmi Handayani, I Gusti Ayu Retnowati Boong, Vicariya Sri Ciptorukmi, Anjar Thalia Salsabilla, Tadisa Zefania Ritonga, Rena