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Juridical Analysis of the Legality of Buying and Selling Inherited Assets without Permission and Approval by Some of the Legal Heirs (Case Study Decision Number: 2511K/Pdt/2020) Purba, Mariah SM; Elpina, Elpina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 6, No 4 (2023): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v6i4.7783

Abstract

In essence, in accordance with statutory provisions, all heirs regardless of gender and birth order are heirs to the inheritance left by the testator. However, it often happens that ownership of inherited assets is transferred, for example through buying and selling land without permission and without the knowledge of all the heirs, the transfer is only carried out by one or several heirs. The problem raised in the research is whether buying and selling inherited assets without the permission and knowledge of all the heirs is legal? Researchers were interested in conducting this research because the decision did not cancel the sale and purchase of inherited assets carried out by some of the heirs. The research method used in this research is a normative juridical legal research method, with a case study approach, namely the Supreme Court Decision with case registration Number: 2511K/Pdt/2020. The data analyzed is secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials.
Divorce Lawsuit against Unrecorded Marriages Post Sema Number 3 Year 2018 Purba, Mariah SM; Nainggolan, Rosita; Hermes, Christian Daniel; Sinaga, Dhea Rosarni
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 7, No 1 (2024): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v7i1.7832

Abstract

Issuance of Supreme Court Circular Letter (SEMA) No. 3 of 2018 which states that "divorce where the marriage is not registered in the civil registry against a divorce lawsuit filed in court, can be accepted and granted, as long as the marriage was solemnized according to religion/custom before the enactment of Law Number 1 of 1974, has made the marriage registration at the Civil Registry office is a condition for the validity of the marriage and/or a condition for filing for divorce in accordance with statutory provisions. The problem raised in this research is whether the Supreme Court Circular (SEMA) No. 3 of 2018 can be used as a basis for deciding divorce lawsuits that are not registered in the civil registry against divorce lawsuits filed in court, as long as the marriage was solemnized according to religion/custom before the enactment of Law Number 1 of 1974 in conjunction with Government Regulation No. 9 of 1975?. The research method used in this research is the normative juridical legal research method. The approaches used in this research are the statutory approach and the conceptual approach. The legal data used in this research are primary legal materials and secondary legal materials.
Implementasi Surat Perjanjian Menurut Hukum Perdata dan Kebiasaan Masyarakat Adat (Desa Cinta Maju Kabupaten Samosir) Sitinjak, Imman Yusuf; Gultom, Sariaman; Hermes , Christian Daniel; Purba, Mariah SM
Jurnal Pengabdian Masyarakat Sapangambei Manoktok Hitei Vol. 2 No. 2 (2022): Jurnal Pengabdian Masyarakat SAPANGAMBEI MANOKTOK HITEI
Publisher : Universitas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36985/3e703e09

Abstract

This community service is because seeing the situation in the area has problems regarding the implementation of the agreement, especially regarding the pawning of agricultural land, the implementation of this service aims to provide understanding, evaluate problems in the community and seek to provide solutions to problems that exist in the community, especially regarding agreements in the village of Cinta Maju, Samosir Regency. The method of implementing community service is carried out in an identical way, namely the lecture and question and answer method, which provides an understanding of the theoretical agreement. With this service activity, it provides a new perspective on the implementation of the agreement in the village. It is also hoped that through this service, the village will become a place for the development of higher education education in the study of problems both in the field of law and in other fields of education