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All Journal Jurnal Ilmiah Hukum LEGALITY Jurnal Ilmu Kenotariatan
Prija Djatmika
Brawijaya University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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IMPLIKASI YURIDIS PERJANJIAN PERKAWINAN YANG DIBUAT SELAMA DALAM IKATAN PERKAWINAN TERHADAP UTANG BERSAMA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015 Priesty Yustika Putri; Prija Djatmika; Dhiana Puspitawati
Legality : Jurnal Ilmiah Hukum Vol. 26 No. 1 (2018): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Under the provisions of Article 29 of Law Number 1 Year 1974 on Marriage, a marriage agreement may only be made before or at the time of marriage. However, after the Decision of the Constitutional Court Number 69/PUU-XIII/2015, marriage agreements may also be made during the period of marriage ties. The making of this marriage agreement certainly affects the joint property of husband and wife obtained in the marriage period before the marriage agreement is made. Including if the couple also has a debt together. This then raises problems related to debt settlement. The purpose of this study is to determine the juridical implications of marriage agreements made during the marriage bonds to the joint debt post-Decision of the Constitutional Court. This research is classified as normative juridical research using the concept of law and conceptual. The results of the study show that after the Decision of the Constitutional Court Number 69/PUU-XIII/2015, which stipulates that a marriage agreement may be made during the period of marriage bonds related to the responsibility of the joint debt repayment arising prior to the marriage agreement, the settlement may be contracted as per the second agreement the husband and wife. This is because there are no rules that prohibit the existence of such clauses to be set forth in the marriage agreement. However, if a marriage agreement in which the settlement of the joint debt will result in harm to a third party then the marriage agreement is not allowed, as regulated in Article 29 paragraph (4) Act 1/1974.
Implementation of the Article 32 of Government Regulation Number 24 of 2016 Concerning Land Deed Official Honorarium: Study at the land deed official office located in the working area in situbondo Malik Hariyanto; Prija Djatmika; Diah Aju Wisnuwardhani
Jurnal Ilmu Kenotariatan Vol. 5 No. 2: Nov 2024
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jik.v5i2.52971

Abstract

The regulation regarding honorarium does not mention a definite amount or proportion, but only determines the upper limit preceded by the word “may not exceed” 1% (one percent) of the transaction price stated in the deed as stipulated in Article 32 paragraph (1) of Government Regulation No. 24 of 2016 amending Government Regulation No. 37 of 1998 on the Regulation of the Position of Land Deed Makers. This certainly raises problems related to the absence of certainty regarding the amount of honorarium so that it allows for differences in rates between PPATs with one another. This research was conducted with the aim of revealing whether the implementation of the determination of PPAT honorarium carried out by a PPAT at the PPAT Office located in the Working Area in Situbondo is in accordance with the provisions of Law Number 24 of 2016 Article 32 concerning PPAT Honorarium and the factors that hinder the implementation of Article 32 of Law Number 24 of 2016 concerning PPAT honorarium. This research is designed using juridical-empirical research methods. The results of this study indicate that the implementation of honorarium in Situbondo district is not fully in accordance with the provisions of Article 32 of Law Number 24 of 2016 concerning PPAT honorarium. Factors causing obstacles to the implementation of the provisions of Law Number 24 of 2016 Article 32 concerning PPAT Honorarium in Situbondo because the rules do not also provide a salary for the PPAT. KEYWORDS: Honorarium, PPAT, Deed
Co-Authors Dhiana Puspitawati Diah Aju Wisnuwardhani Malik Hariyanto Priesty Yustika Putri