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ANALYSIS OF AGREEMENT MARRIAGE ISLAMIC POPULATION CASE IN INDONESIA Beby Sendy
International Conference of ASEAN Prespective and Policy (ICAP) Vol 1 No 1 (2018): INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY (ICAP)
Publisher : International Conference of ASEAN Prespective and Policy (ICAP)

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Abstract

In this time some of the peoples Indonesia before marriage was preceded by the making of marriage agreements among prospective grooms and women. The marriage agreement as an often also referred to as a pre-marriage agreement or prenuptial agreement that agreements made before marriage take place and binding the two sides of the bride and married woman candidates. A legal arrangement in the case of a marriage agreement is contained in Article 29 of Law no. 1 of 1974 concerning Marriage, Articles 47 to 52 of KHI and also in Articles 139 to Article 154 of the Civil Code. Islamic law does not set explicitly in marriage agreements. However, based on the Qur'an and Hadith no single verse prohibits the making of marriage legally approval as long as it is not contrary to Islamic Shari'a and the marriage agreement is beneficial to the couple husband and wife. Thus, Islamic law justifies the implementation of marriage agreements among Islamic citizens. Among potential married couples aged over 25 years old up to 40 years past and have education level between D3 to S1 know and understand the purpose and benefits of the marriage agreement, but because it is not obligated in Islamic law hence not implemented marriage agreement among Muslim citizen.
Legal Protection Of Notaries In Issuing Skmht (Charge Letter Of Power Of Attorney Monitoring Rights) On The Bank Dina Andiza; Beby Sendy; Moehammad Erwin Radityo; Lubis, Syna Ardia Putri
The International Conference on Education, Social Sciences and Technology (ICESST) Vol. 3 No. 2 (2024): The International Conference on Education, Social Sciences and Technology
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/icesst.v3i2.432

Abstract

Land as the wealth of the Indonesian nation must be utilized for the greatest prosperity of the people. To achieve this utilization, land consolidation needs to be carried out as an effort to increase the utility and results of land use and to align individual interests with the social function of land in the context of implementing development. Land is the basic capital for development and supports the running of the economy, there is almost no development activity that does not require land. Land plays a very important role, even determining the success or failure of a development. The nature of this research is descriptive, the results of this research are expected to obtain a factual picture or description of the land consolidation policy towards the re-arrangement of land ownership and use in Tanjung Sena Village, Sibiru-Biru District, Deli Serdang Regency, where the objects of land consolidation are land, residential buildings, dry land such as oil palms and fields, and village roads. Land consolidation as one of the efforts to increase the utility and results of land use. Land utilization needs to be implemented in the form of land regulation, control, and management. The use and utilization of land is carried out by re-arranging, partnership efforts, transfer and release of land rights in accordance with applicable laws and regulations. In the framework of land use management, guidance and control are carried out. Guidance is carried out through the provision of guidelines, guidance, training, and direction, while control is carried out through supervision such as supervision, reporting and regulation. The implementation of the regional spatial planning design is not always effective in the field, some people still assume that land rights are absolute rights, meaning rights that cannot be violated against land even though land rights contain social functions, land can be used by anyone as long as legal procedures have been taken, especially if the prospective land user is the state and is used for public interest.are fun for children such as singing, storytelling, role playing and involving parents in learning at home.
Legal Review of Consumer Dispute Settlement in Cases of Cancelled Property Development : Study Decision Number : 072/ Arbitration /2022/ BPSK.Mdn Andreas Marfel Silaban; Beby Sendy
International Journal of Law and Society Vol. 2 No. 2 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i2.412

Abstract

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.
LEGAL IMPACT OF BUSINESS DISPUTES IN MARRIAGE ON OWNERSHIP AND DIVISION OF JOINT PROPERTY Beby Sendy; Rika Jamin Marbun; Tria Wahyu Artita
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Marriage is a sacred institution that is not only physically binding, but also affects the legal, social, and moral aspects of human life. One of the important issues in marriage is the division of joint property, especially during a divorce. Joint property refers to all property acquired by a husband and wife during the marriage. However, there are various factors that influence the division of joint property, including the type of property owned, the marriage agreement made previously, and the contribution of each party to the business or property acquired. The division of joint property is regulated by Law Number 1 of 1974 concerning Marriage and the Civil Code, which provide a legal basis for the assessment and resolution of disputes related to joint property. This study aims to examine the definition and scope of joint property in marriage and the mechanism for resolving business disputes that arise due to divorce. The method used is normative juridical with a descriptive analytical approach, through an analysis of relevant laws and regulations and jurisprudence. The results of the study indicate that the division of joint property in the context of divorce involves a process of mediation, litigation, and evaluation of the contribution of each party in obtaining the property. In addition, there are exceptions to joint property, such as personal property or property acquired through a prenuptial agreement.
Legal Analysis Of Business Disputes In Marriage On The Ownership And Distribution Of Common Property Beby Sendy; Ida Nadirah
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

In the division of law, bankruptcy and PKPU are included in the scope of civil law. Therefore, the Bankruptcy and Suspension of Debt Payment Obligations Law does not contain any criminal rules at all. Penundaan Kewajiban Pembayaran Utang (PKPU) is regulated in Law No. 37 of 2004, namely in articles 222-294. According to article 222, a Debtor if he is unable or expects to be unable to continue to pay his debt that is due and collectible, may request a postponement of the debt payment obligation. The purpose of postponing debt payment obligations is generally to propose a peace plan that includes an offer to pay all or part of the debt to the Concurrent Creditor, while the purpose is to enable a debtor to continue his business, despite payment difficulties, and or avoid bankruptcy. Bankruptcy is a situation in which the debtor does not make payments on the debts of its creditors. This situation is caused by the difficulty of the financial distress of the debtor's business which has experienced a setback. In Black's Law Dictionary we can see that the definition of bankruptcy is associated with the inability of a person to pay his debts that have become due. Such inability must be accompanied by a concrete action to file, either voluntarily by the debtor himself, or at the request of a third party, an application for a declaration of bankruptcy to the court. One of the efforts to protect creditors in bankruptcy is with Actio Pauliana. Actio Pauliana has since been regulated in Article 1341 of the Civil Code. Actio Pauliana is the right given to a creditor to advance the cancellation of all acts that are not required to be done by the debtor, while the debtor knows that by his actions the creditor is harmed. This right is a protection provided by law for creditors against the debtor's actions that can harm creditors.
Legal Analysis Of Restorative Justice In The Settlement Of Theft Cases Based On Prosecutor's Regulation No. 15 Of 2020 And Islamic Law Andry Syafrizal Tanjung; Beby Sendy; Gian Randa Juangsah
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i1.593

Abstract

The law is made to maintain a balance between the interests of individuals, groups and other living beings. The Attorney General of the Republic of Indonesia has issued Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning the Termination of Prosecutions Based on Restorative Justice, this is to provide solutions to problems in handling cases for theft crimes regulated in the regulation. In Islamic law, the settlement of cases of theft can also be resolved by peace based on justice, this is based on the Qur'an, Ash-Shuraa': 40 and the Qur'an surah al-nisaa‟ verse 149.
ANALYSIS OF LEGAL PROTECTION OF FULFILLMENT OF CHILDREN'S RIGHTS IN DIVORCE CASES IN MEDAN, NORTH SUMATRA Mutia Octavia; Henry Aspan; Beby Sendy
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3396

Abstract

Divorce can be imagined as very sad when viewed from the perspective of a child's life. After a husband and wife officially divorce, Law No. 35 of 2014, especially Article 14, emphasizes that every child has the right to be raised by their own parents, unless there are valid reasons and/or legal regulations that indicate that the separation is in the best interests of the child and is the last consideration. This study aims to determine the fulfillment and legal protection that children receive in divorce cases. The obligations of both parents that must be fulfilled as regulated in Law No. 35 of 2014, Article 9 concerning child protection, state that when a divorce occurs, parents are still obliged to fulfill the child's rights with full affection. The results of this study were conducted to determine how children's rights are fulfilled in divorce in North Sumatra. This study was conducted with information sources from the Indonesian Child Protection Agency (LPAI) in North Sumatra. The results of this study indicate that with divorce, children's rights have not been fully fulfilled. However, to be able to realize this, awareness of both parents is needed that there are still children's rights that must be fulfilled after a divorce occurs.
Regulatory Perspectives On Islamic Banking And Sharia Economic Development: Evidence From Pari City, Serdang Bedagai, North Sumatra M Erwin Radityo; Beby Sendy; Tria Wahyu Artita
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 1 (2025): Mei 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i1.1453

Abstract

This study explores the regulatory dimensions of Islamic banking law and its contribution to the development of Sharia-based economic programs in North Sumatra, Indonesia, focusing on Pari City, Serdang Bedagai Regency. The research aims to examine how the implementation of Islamic banking regulations supports the expansion of the Sharia economy at the regional level. A qualitative descriptive method was employed, combining legal and economic approaches through field observations, document analysis, and semi-structured interviews with key stakeholders, including Islamic banking practitioners, local government officials, and small and medium enterprises (SMEs) engaged in Sharia-based business models. The results indicate that Islamic banking law provides a strong legal foundation for the development of ethical financial practices and community-based economic empowerment. However, its effectiveness is constrained by limited regulatory enforcement, low public literacy in Sharia finance, and inadequate coordination between financial institutions and regional authorities. The study finds that the integration of regulatory reform, education, and community engagement can significantly enhance the inclusivity and sustainability of the Sharia economic ecosystem. This research contributes to the growing body of knowledge on the intersection between law, finance, and regional economic development in Muslim-majority societies. It emphasizes the importance of adaptive legal frameworks and institutional support to strengthen Islamic banking’s role in achieving equitable and sustainable growth in Indonesia’s regional economies.