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DAMPAK KEBIJAKAN SURAT PERNYATAAN TANGGUNG JAWAB MUTLAK PERATURAN MENTERI DALAM NEGERI NOMOR 9 TAHUN 2016 TERHADAP PENCATATAN PERKAWINAN: Impact of The Policy Statement of Absolute Responsibility Regulation of The Minister of Homeland Number 9 of 2016 on Marriage Registration Sri Nanang Meiske Kamba; Nur Mohamad Kasim
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18354

Abstract

Marriage registration is an official process that involves registering and documenting a couple's marriage at authorized institutions, such as the Office of Religious Affairs (KUA) and the Population and Civil Registry Service. This process legally and administratively records marriage events, producing an official document stating the couple's marital status. This research uses normative research with a focus on studying legal norms relating to marriage registration. The analysis used is a qualitative descriptive approach using legislation (statute approach) to analyze the issues that arise in connection with the Statement of Absolute Responsibility and its impact on marriage registration and the legality of marriages after the SPTJM policy. The research results show that the Statement of Absolute Responsibility policy has a positive impact, such as providing facilities for producing children's birth certificates and other documents. However, this policy can also present complexities related to the status of "Unregistered Marriage," which raises legal issues, protecting the rights of wives and children, as well as law enforcement against the practice of polygamy and polyandry. Even though the information of couples who are mar ried in an unregistered marriage is recorded in the Family Card document of the Population and Civil Registry Office, recognition is still required before the law so that this couple has adequate legal standing in court to ensure the validity of their marriage. Keywords: Impact, SPTJM Policy, Marriage Registration
Tinjauan Implikasi Hukum Terhadap Penagihan Hutang Melalui Media Sosial Siska Yulia Chandra Eyato; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 3 (2024): September : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i3.506

Abstract

This research aims to determine the legal implications of debt collection via social media. This research is normative research with a conceptual approach, which is analyzed descriptively qualitatively. The results of the research show that the legal implications of debt collection from an agreement as fulfillment of performance are viewed from article 1365 of the Civil Code, every act that violates the law and brings loss to another person, requires the person who caused the loss through his fault to compensate for the loss, giving meaning in principle in debt and receivable agreement that has been agreed, if the agreement cannot be implemented by one of the parties then an unlawful act has occurred. In fact, debt collection via social media is not a violation as long as it does not lead to defamation of the debtor. There is a difference between unlawful acts in the context of criminal law and unlawful acts in the context of civil law, namely that more emphasis is placed on the differences in the nature of criminal law which is public in nature and civil law which is private in nature.
Legal Protection Of The Gorontalo City Police Against Debtors Who Transfer Fiduciary Vehicles Without The Consent Of The Fiduciary Recipient Puluhulawa, Sitty Masitha Syeila; W. Badu, Lisnawaty; Meiske Kamba, Sri Nanang
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24193

Abstract

The purpose of writing this article is to determine the efforts that can be prevented by the police against fiduciary acts in the transfer of fiduciary objects in the jurisdiction of Gorontalo City. The method used in this study is to use empirical research methods with a qualitative approach. HasiL research on this case fiduciary receiver or 2nd party raises the issue of the possibility of a crime in the field of fiduciary. This event is where the 2nd party makes a car loan at a financing company or individual with an installment payment system in accordance with the agreement specified in the agreement and for a certain time. In fact, after the credit agreement is running, the 2nd party (fiduciary recipient) does not perform its obligations as agreed between the twelve fiduciary parties to the fiduciary recipient to pay the installments, but resells the goods that are the object of fiduciary security to the 3rd party without the knowledge of the 3rd party whose vehicle is still in the installment financing 2nd (fiduciary recipient) to the First party (fiduciary giver).
Factors for Prospective Grooms Committing Identity Falsification in Marriage in Boliyohuto Sub-District Pakaya, Siti Nuraisyah; Kasim, Nur Mohamad; Nanang Meiske Kamba, Sri
Estudiante Law Journal VOL. 6 NO. 1 FEBRUARY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v1i1.24774

Abstract

The purpose of conducting this research is to find out what factors are the reasons for the prospective groom to falsify his identity in marriage in Boliyohuto District. The research method used in this article is to use empirical research methods by taking a qualitative approach. The results of this study show that in the case of a marriage annulment lawsuit at the Gorontalo Religious Court, there was one party who filed for annulment of her marriage on the grounds that her husband had falsified his identity so that she felt she had been lied to, claiming to be a virgin. After a week of having relations as husband and wife, the wife found out that her husband already had a wife and child so she sued for annulment of the marriage. As a result of the annulment of marriage that occurred in the case under study, the wife felt disadvantaged, which in law violates Article 27 paragraph (2) of Law Number 1 of 1974 concerning Marriage which reads: "A husband or wife may file a petition for annulment of marriage if at the time of marriage there is a misconception about the husband or wife".
Legal Settlement of Cases of Misuse of Personal Data in Prepaid Cellular Card Registration Djasman, Shandy; Puluhulawa, Fenty U.; Meiske Kamba, Sri Nanang
Estudiante Law Journal VOL. 6 NO. 2 JUNI 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v6i2.26374

Abstract

The purpose of this research is to find out the legal settlement process for cases of misuse of personal data in prepaid cellular card registration. Researchers use the type of empirical juridical research is to use the type of field research (field research). By using a descriptive study, a systematic, factual and accurate description or painting of the facts, nature and relationship between the phenomena being investigated. The result of this research is that there are indications of the practice of utilizing customer personal data for the personal interests of unscrupulous outlet officers. Some cases show that customer data, such as phone numbers and addresses, are misused for the purpose of offering other products or services that are not related to cellular card registration. This clearly violates the principle of personal data protection and harms consumer trust. The practice of selling customers' personal data to third parties without the knowledge and consent of the data owner was revealed. Some mobile card registration outlets are known to sell customer data, such as demographic profiles and call history, to marketing companies or other service providers for commercial purposes. This practice not only violates privacy rights, but can also lead to potential misuse of data by irresponsible parties. There have been cases of falsification of customers' personal data by unscrupulous outlet staff for certain purposes. Some reports stated that the outlet staff recorded false or incomplete data in the registration form, hindering the process of identity verification and monitoring by the mobile operator. This practice not only violates the law, but can also trigger various criminal acts, such as identity theft.
FAKTOR PENYEBAB TERJADINYA PERSELISIHAN DAN PERTENGKARAN TERUS MENERUS DI PENGADILAN AGAMA TILAMUTA MASIONU, ABDUL RAHMAN; WANTU, FENCE M; KAMBA, SRI NANANG MEISKE
GANEC SWARA Vol 18, No 3 (2024): September 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i3.1000

Abstract

This research is motivated by the difficulty of maintaining and creating a harmonious household. Differences of opinion, lack of communication and various kinds of problems that trigger disputes and disputes between the two. The aims of this research are (1) to determine the factors that cause continuous disputes and quarrels and (2) to determine the consequences of continuous disputes and quarrels. This research was carried out at the Tilamuta Religious Court using a qualitative approach with an empirical research type. The results of the research show that the causes of disputes and quarrels are; a) Economic problems, household needs are not met while there are children and wife's needs that must be met. b) Third party interference, can come from families who are excessively involved in household relationships or from other people. c) Polygamy is unhealthy, the husband is unable to act fairly and is unable to take responsibility for his two wives. d) Domestic violence/abuse occurs, lack of control of each other's egos and coupled with the husband not being able to control his emotions so he takes it out on his wife. The consequences arising from continuous disputes and quarrels include: (a) Disruption in fulfilling the rights and obligations of husband and wife, (b) Problems regarding child custody, (c) Division of joint Assets
KEPASTIAN HUKUM TERHADAP KEKUATAN ALAT BUKTI AKTA DI BAWAH TANGAN FATIN FATIN; FENCE M. WANTU; SRI NANANG MEISKE KAMBA
GANEC SWARA Vol 18, No 4 (2024): Desember 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i4.1145

Abstract

This research aims to: 1) analyze and determine the legal certainty strength of private deeds as evidence in resolving civil disputes. 2) understand the legal consequences of using private deeds as evidence based on Article 1874 of the Civil Code. The research employs the normative method, which reviews secondary document studies such as laws and regulations and court decisions involving private deeds as evidence. It is based on the theory of evidence, legal certainty, and expert opinions, which are then analyzed using qualitative methods.The results of the legal analysis on the strength of private deeds as evidence in the District Court of Gorontalo City are as follows: 1) private deeds are considered legitimate evidence, but their evidentiary strength in judicial processes requires the involvement of several parties that must be included in the private deed, namely: a) Both parties involved, b) Authorized officials (Land Deed Officials, Notaries, and Local Government), and c) Witnesses. 2) According to Article 1874 of the Civil Code, all forms of private deeds carry legal consequences in judicial processes. Therefore, to mitigate negative outcomes from using private deeds as evidence, it is necessary to apply the appropriate procedures during their creation to ensure legal certainty in resolving civil cases
IMPLIKASI PERKAWINAN POLIANDRI TERHADAP UPAYA PEMENUHAN HAK ANAK DI KECAMATAN BOTUPINGGE IYAN KASIM; NIRWAN JUNUS; SRI NANANG MEISKE KAMBA; MUTIA CHERAWATY THALIB; KARLIN Z. MAMU; MUHAMAD KHAIRUN KURNIAWAN KADIR
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.851

Abstract

This research aims to find out the implications of polyandrous marriages for efforts to fulfill children's rights in Botupingge District.  This research uses sociological juridical research methods.  Sociological juridical research has as its object the study of community behavior.  The community behavior studied is behavior that arises as a result of interacting with the existing norm system, namely the perpetrators of the practice of polyandrous marriage in the Botupingge sub-district.  The results of this research show that the implications of polyandrous marriages for efforts to fulfill children's rights in the Botupingge sub-district hinder the realization of children's rights, both in terms of providing identity on a child's birth certificate which is only recorded as the mother's child, causing harm to interests,  threatens the fulfillment, protection and enforcement of children's rights both regarding family law and children's psychology
Program Pendaftaran Tanah Sistematis Lengkap Di Badan Pertanahan Kabupaten Gorontalo Putri Anggraeni Maga; Mutia Cherawaty Thalib; Sri Nanang Meiske Kamba
Nusantara Mengabdi Kepada Negeri Vol. 1 No. 2 (2024): May : Nusantara Mengabdi Kepada Negeri
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/numeken.v1i2.202

Abstract

The aim of this activity is to find out the problems of the complete systematic land registration program at the Gorontalo Regency Land Agency and efforts to resolve them. The method used is law with an empirical approach, which presents data according to field facts which are then analyzed descriptively qualitatively. The results of the research show that in land registration through the PTSL program there were problems such as a lawsuit for a certificate from the actual owner, where when the PTSL implementation was completed by the village and land agency and a certificate of ownership was issued to those who applied, it turned out that it was suddenly protested by the community who claimed to be the real owner and this happens especially on land abandoned by the previous owner (abandoned); Low public understanding of land tenure law where not all people understand PTSL procedures, so there is still public distrust in making certificates which are considered complicated and take a long time; There are public perceptions regarding the high cost of obtaining certificates, including concerns that they will be burdened by the increasing tax value; and the lack of human resources, especially skilled personnel in villages and BPN in handling land conflict matters and cases. Efforts to resolve this problem are to maximize socialization to the community regarding the terms and conditions and land registration procedures; clarify the status of the land you wish to certify so that it does not overlap; and re-preparing the land registration quota which is still lacking, meaning there is still land in villages in Gorontalo Regency that cannot be accommodated in the PTSL program, which is adjusted to the existing budget.
IMPLICATIONS OF HUSBAND AND WIFE'S LIABILITY FOR JOINT DEBTS TO THIRD PARTIES AFTER DIVORCE ACCORDING TO THE MARRIAGE LAW ikbal sulaiman; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9510

Abstract

Perceraian dapat menyebabkan pernikahan berakhir. Setelah pernikahan dibubarkan, istri tidak hanya kehilangan tanggung jawabnya, tetapi juga kehilangan hutang perkawinan. Hutang perkawinan harus dibayar di pengadilan bersamaan dengan pembagian properti. Properti bersama pada dasarnya berbicara tentang kekayaan, uang, atau properti yang dihasilkan dari hutang dan modal. Kepemilikan bersama adalah salah satu hal yang paling sensitif dan bermasalah di masyarakat. Tanggung jawab suami dan istri atas hutang bersama kepada pihak ketiga tidak diatur secara eksplisit dalam undang-undang. Pada dasarnya, utang bersama adalah tanggung jawab bersama. Dalam Pasal 35 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, harta bersama dan harta warisan adalah dua jenis harta yang diakui dalam perkawinan. Jadi, hutang yang timbul dalam sengketa properti bersama juga dapat diperhitungkan. Dalam penelitian ini kami mengkaji dan menganalisis pertanggungjawaban suami dan istri atas hutang bersama kepada pihak ketiga sesuai dengan undang-undang perkawinan dan implikasinya.
Co-Authors Abdullah, Mayanti H. Amili, Nur Azmi Kurnia Andini Kariza Anggriani Ibrahim Apripari, Apripari Arsyad, Melinda Aulia Suleman, Sti Budiyanto Hiola, Rahmat Cherawaty Thalib, Mutia Debi Sintia Dali Djasman, Shandy Dolot Alhasni Bakung Dwi Kasih Maharani Taib Dwi Kasih Maharani Taib Fajrily S. M. Lihawa, Juniar FATIN FATIN Fence M Wantu Fenty U. puluhulawa Fikri, Nurul Fazri El Fitran Amrain Hadju, Zainal Abdul Aziz Hasan, Rifal ikbal sulaiman IYAN KASIM Juniar Fajrily S. M. Lihawa Kupang, Frisca Melati Lahay, Nadela Ramadhanty Caesarani Laliyonu, Sri Ananda Lisnawaty W. Badu Lukum, Silvani Nur Rahmat Mamu, Karlin Mamu, Karlin Z Mantali, Avelia Rahmah Y Margaretha Husain MASIONU, ABDUL RAHMAN Mayanti Abdullah Miftahuljannah Sidik Miftahuljannah Sidik Moh. Yoenardi M. Basiman Mohamad Hidayat Muhtar Mohamad Taufiq Zulfikar Sarson Muhamad Khairun Kurniawan Kadir Muhammad Tahta A.R Mutia Cherawaty Thalib Nirwan Junus Nur Insani Nur Moh Kasim Nur Moh. Kasim Nur Moh. Kasim Nur Mohamad Kasim Nur Mohammad Kasim Nurul Fazri Elfikri Nuvazria Achir Pakaya, Siti Nuraisyah Puluhulawa, Sitty Masitha Syeila Putri Anggraeni Maga Ramadhani S, Sufina Anugerah Ramelan, Sukma Asmarandani Rostuti Gau Sarson, Moh Taufiq Zulfikar Semiaji, Trubus Shalaysa Rahmadani Amana Fatiha Siska Yulia Chandra Eyato Siti Nur Magfirah A. Hudodo Siti Nur Magfirah A. Hudodo Sofyan Piyo Srirahma Srirahma Sukma Asmarandani Ramelan Tinto Maulana Rahim Triyanto Nuriman Idrus, Agung Trubus Semiaji Waode Mustika Weny A Dungga Weny Almoravid Dungga Yusuf, Asriwati I Yutika Fitriyani Tomoolango Zainal Abdul Aziz Hadju Zamroni Abdussamad Zulkarnain Saleh