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Journal : Awang Long Law Review

UNDERSTANDING THE MECHANISM OF JOINT PROPERTY DIVISION: RIGHTS OF HUSBAND AND WIFE ACCORDING TO MARRIAGE LAW IN INDONESIA Royani, Esti; Kamaluddin; Sarikun; Isnawati; Syamsudin
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1519

Abstract

The mechanism for dividing joint assets in marriage law in Indonesia still occurs due to differences in its implementation. Court decisions often rely on consideration of financial contributions, but non-financial contributions are not properly recognized. Inaccuracies in judges' decisions and the lack of public understanding of the law are the main factors influencing the uncertainty of the division of joint assets after divorce. This study aims to analyze the mechanism of division of joint property in marriage law in Indonesia and identify the factors that influence the process. The focus of this study is to examine financial and non-financial contributions considered in court decisions, and differences in legal interpretation can affect the results of the division of joint assets. This study uses empirical research methods with qualitative and quantitative approaches. A total of 30 divorce cases have been analyzed in district courts and religious courts to understand the pattern of division of joint assets in legal practice. The results of the study show that although most court decisions prioritize financial contributions in the division of joint assets, non-financial contributions have not been estimated. Other influencing factors are property owners, access to legal examination, and recognition of two rights. More comprehensive rules and regulations are needed for the distribution of joint assets. An important step towards a fair and transparent legal system is the reform of the judicial system and legal training for married couples.
COMPLIANCE OF HOUSING DEVELOPMENT LIMITED LIABILITY COMPANIES WITH DETAILED SPATIAL PLANNING IN THE LAND MATURITY STAGE Kosasih, Andry; Kamaluddin; Khairunnisah; Syahriar, Irman
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2139

Abstract

This study examines the compliance of limited liability companies developing housing with the Detailed Spatial Planning (RDTR) at the land preparation stage within the framework of the risk-based business licensing regime following the Job Creation Law and Government Regulation 5/2021 and its updates through Government Regulation 28/2025. The RDTR is positioned as a central legal instrument and a tool for testing the material legality of spatial utilization, so that land preparation activities such as cut and fill, land clearing, and backfilling must be in line with established zoning and spatial function provisions. The research findings indicate that the risk-based licensing system through the OSS encourages formal document-based compliance (NIB, KKPR/PKKPR, and other basic requirements) rather than substantive compliance with physical actions in the field, resulting in a gap between administrative legality and material legality. By using normative legal research methods and analytical tools of Lawrence M. Friedman's Legal System Theory, Soerjono Soekanto's Legal Effectiveness Theory, Legal Compliance Theory, and Legal Protection Theory, this study found that compliance weaknesses stem from the disharmony between the orientation of accelerated investment and the demands of spatial planning prudence, the suboptimal integration of RDTR and spatial data in the OSS, and weak substantive supervision and compliance culture among developers. The study recommends strengthening the integration of RDTR in the OSS system, improving the quality of RDTR and spatial data infrastructure, enforcing consistent supervision and sanctions from the land preparation stage, and fostering a substantive compliance culture within the developer corporation environment so that the goals of sustainable spatial planning and protecting the interests of the community can be achieved more effectively.
PURCHASE ORDER AS A REPRESENTATION OF THE AGREEMENT BETWEEN THE PARTIES IN A CONTRACTUAL RELATIONSHIP OF FURNITURE SALES Hartono, Rudi; Asyhari, Fatimah; Pasaribu, Benhard Kurniawan; Kamaluddin
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2140

Abstract

This study analyzes the legal status of Purchase Orders as a manifestation of the parties' agreement in a furniture sales contractual relationship through a normative study of the principles of consensualism, freedom of contract, and legal implications in Indonesian civil law. Normatively, Article 1320 and Article 1338 of the Civil Code emphasize that the validity of an agreement is determined by the fulfillment of the elements of the parties' agreement, not merely the formal form of the document. However, in practice, there are still differences in understanding regarding the legal status of Purchase Orders that have the potential to cause disputes, especially in made-to-order transactions . This study uses a normative legal method with a statutory, conceptual, and case approach. The results of the study indicate that Purchase Orders can be qualified as binding agreements as long as they meet the legal requirements of an agreement, thus giving rise to rights and obligations as well as implications of default if violated. Therefore, it is necessary to strengthen legal construction, establish consistent jurisprudence, and standardize Purchase Order documents to provide legal certainty and protection in trade practices.
LEGAL CERTAINTY OF SELLER'S PAYMENT RIGHTS IN MARKETPLACE ESCROW SYSTEMS: A NORMATIVE STUDY OF CONTRACTUAL OBLIGATIONS WITHIN ELECTRONIC CONTRACTS Danuarta, Faris; Sarikun; Kamaluddin; Syamsudin
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2141

Abstract

The development of digital commerce through marketplace platforms has given rise to an escrow system, which places the platform in temporary control of payments in sales transactions. Normatively, the legal relationship of sales and purchases is subject to Article 1457 of the Civil Code, while the legal requirements of an agreement are regulated by Article 1320 and the principle of pacta sunt servanda in Article 1338 of the Civil Code. Electronic contracts as the basis of the relationship between the parties are recognized in Article 18 of the Electronic Information and Transactions Law. This study aims to analyze the legal certainty of the seller's payment rights in the escrow system and the balance of the parties' contractual rights and obligations. This study is a normative legal study with a statutory and conceptual approach. The results show that the escrow system is valid as long as it is regulated in an electronic contract that meets legal requirements. However, legally, the seller's payment rights arise when the buyer fulfills the payment obligation, while escrow only functions as an administrative mechanism. The unclear time limit for holding funds has the potential to create legal uncertainty and contractual imbalance. Therefore, it is necessary to strengthen regulations and interpretations based on the principles of proportionality, good faith, and legal certainty so that protection for sellers in the marketplace ecosystem can be guaranteed fairly.
Co-Authors Abu Bakar Abu Sofyan Ade Ahmad Mirza Agus Yasin Akhmad Alvi Sahri Akmal Ridwan Ali , Muhammad Aly Furqaan Abdurrafi Amrizah, Azizul Anang Muhamad Lutfi Ariani, Farika Dwi Arrasyid, Fauzan Asyhari, Fatimah Azis , Atri Dewi Benhard Kurniawan Pasaribu Benu, Didi Prasetyo Blasius Atini Bustamin Wahid Catur Navillah Puput Andhita K Cen, Cia Danuarta, Faris Edi Firmansyah Eko Purwadi Eko Purwadi Esti Royani, Esti Fajrianto Saeni Fitra Rio Ramadan Gumelar, Asep Ikhsan Hakmi Wahyudi Halil, Rahmatika Hanaan, Yusuf Ali Hanas, Dicky Hano’e, Emanuel M.Y. Hartono, Rudi Hary Darmawan Haryono, Wasis Helfi Rozalina Hernur Yoga Priyambodo I Made Sutajaya I Putu Herry Widhi Andika Ihwan Mahmudi Ilham Hafis Zulmiyadi Ines Heidiani Ikasari Irman Syahriar Ismunandar ISNAWATI Ivan Afriza Khaidir Fadil Khairunnisah Khoirul Nissa Kosasih, Andry Kusuma, Ketut Chandra Adinata Lailbarokah, Uzly Lik Afifah, Lana Lili Erina Lukman Rais Lutfi, Anang Muhamad Mahyuni Majid, Nurkholis Makin, Florian M. P. R. Mantasa, Kamaluddin Maruapey, Azis Masni Banggu Melani, Boniesta Zulandha Meliyani, Putri Risma Muh. Isnaeni Muh. Mawardi Muhajirin Muhamad Rizky Fadillah MUHAMMAD ALI Muhammad Julyanto Sarwinata Muhdar, Aswad Munifa Novika Dwi Anjani Novitasari, Eka Indah Nur Afifa Alfina Ramadhani Perani Rosyani Rahmalia Khairunissa Kurnia Rahman, Muhamad Arif Rajab Lestaluhu Redita Putri Intan Elfiti Renni Mayasari Rika Noverma Riskawati Risna Erni Yati Adu Rumakat, Laila Qadriyani Malikin Saeni, Agil Sarikun Siti Nurul Nikmatul Ula Soepriyanti, Henny Sriati SUYATI Syamsudin Syarief, Ulfah Amania Taryono, Mohamad Rizal Theresiana, Yunita Tnunay, Ite Morina Yostianti Uswatul Mardliyah Wahyu Setyadi, Muhammad Widya Digor Mufti Wulanda Tambunan Yosef Hano'e, Emanuel Maria Yuliana Pakpahan Yulianur Zulkarnain Yusuf Ali Hanaan