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THE STRENGTH OF PHOTOCOPY EVIDENCE OF AUTHENTIC DEEDS IN JOINT PROPERTY DISPUTES Saputri, Disti Anggun; Ratnaningsih; Naimah
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.420

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy family. In practice, not all marriages go according to plan, so divorce is a legal solution recognized by the state. Divorce not only affects the relationship between husband and wife but also causes disputes regarding the division of marital property. Marital property is joint property obtained during marriage and must be divided fairly after divorce. The legal process in court submits authentic evidence that has an important role in proving ownership of the division of marital property. Authentic evidence has higher legal force than other evidence so that it can provide legal certainty for the disputing parties. In addition, inconsistencies in evidence can cause a court decision to be detrimental to one of the parties because the evidence must ensure the validity of legal documents. As in dispute Number 1176 / Pdt.G / 2021 / PA.Lmj, the plaintiff submitted imitation authentic evidence in the trial process. This research method uses a normative legal research type using a case approach, a conceptual approach, and a statutory approach with a study of primary and secondary legal materials. The conclusion of this analysis is that the fake deed shown by the plaintiff does not have perfect evidentiary power because it is considered not attached to the deed itself, whereas in the Ratio legis as a reason for considering the judge's decision regarding the strength of authentic evidence, this fake can help the judge to make a fair decision based on the actual facts and provide legal certainty regarding the validity of the deed that is the object of the dispute.
THE PRINCIPLE OF FREEDOM OF CONTRACT IN INTERNATIONAL BUSINESS AGREEMENTS Yasin, Yani Yunisar; Ratnaningsih; Lawado, Irma Sahvitri
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.421

Abstract

This study aims to analyze the principle of freedom of contract in international business agreements, focusing on the language to be used in the agreement and applicable laws and regulations. The principle of freedom of contract is one of the basic principles in contract law that allows the parties to make agreements that suit their needs and interests. In international business agreements, the language used can play an important role in determining the meaning and interpretation of the agreement. Differences in language and culture can cause misunderstandings and difficulties in interpreting the agreements made. Therefore, this study will analyze how the use of Indonesian in international business contracts is reviewed from the principle of freedom of contract, as well as how legal reforms related to the use of language in international business contracts are more adaptive. This study uses a normative analysis method with a juridical approach. The results of this study indicate that the principle of freedom of contract in international business agreements allows parties to determine the language used in the agreement, one of which is Indonesian. However, the parties must consider the advantages and disadvantages of using the language and ensure that the use of the language is in accordance with the principle of freedom of contract and applicable laws and regulations. Therefore, it is important to consider the role of language in international business agreements and its implications for global business practices. This study is expected to contribute to the understanding of the principle of freedom of contract in international business agreements and the role of language in agreements. The results of this study can also be used as a reference for legal and business practitioners in making effective and efficient international business agreements.