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Hanafi Tanawijaya
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PEMBATALAN PERKAWINAN KARENA HOMOSEKSUAL DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 (STUDI PUTUSAN PENGADILAN AGAMA JAKARTA SELATAN NOMOR 2723/PDT.G/2019/PA.JS) Brenda Manuel Sasmita; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17915

Abstract

Marriage annulment is different from divorce. The annulment of the marriage is a ruling that states that the marriage was declared invalid so that the marriage was considered never to exist. Divorce is the dissolution of a legal and existing marriage. What are the issues contained in this thesis including the annulment of the marriage? Authors in researching the problem using normative methods are descriptive, primary, secondary, and non-legal data sourced. The results of the study describe the annulment of marriage due to homosexuality, and contain about the views of others on this case.
PERMOHONAN IZIN POLIGAMI ATAS DASAR KETIDAKPUASAN PELAYANAN KEBUTUHAN SEKSUAL DITINJAU BERDASARKAN UNDANG-UNDANG PERKAWINAN (Studi Putusan Pengadilan Agama Sidoarjo Nomor 330/Pdt.G/2021/PA.Sda) Qothrun Nada; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18023

Abstract

Marriage is a sacred bond that is tied to one's faith and belief in Allah SWT. A marriage can not only be based on desire or only to fulfill biological needs, but in a marriage bond contains the value of worship. One form of marriage that is often discussed in Muslim society is polygamy. For example, the application for a polygamy permit based on excessive sexual needs was filed at the Sidoarjo Religious Court and the judge granted all of the requests. The problem in writing this thesis is how to apply for a polygamy permit on the basis of dissatisfaction with sexual needs services? (Study of the Decision of the Sidoarjo Religious Court Number 330/Pdt.G/2021/PA.Sda)? in this study using normative research methods using a conceptual approach, a law approach and a case approach supported by data from a literature review and also interview data to strengthen the research. Polygamy has been practiced by mankind long before Islam came. But at this time Polygamy is a legal product of Islam whose aim is to achieve the ideal of order in a particular community. Therefore, polygamy cannot be eliminated. So that when the Petitioner applied for a polygamy permit on the grounds of having excessive sexual desire it was not appropriate because based on the provisions in Law Number 1 of 1974 concerning Marriage, Islamic Law, and the Compilation of Islamic Law, it can be concluded that the obligations of a wife in a household are not just to fulfill the sexual needs of husbands who have excessive sexual desire
PEMBEBANAN HIPOTEK ATAS KAPAL LAUT MENURUT UNDANG-UNDANG NOMOR 17 TAHUN 2008 TENTANG PELAYARAN (STUDI KASUS DI PT. X TAHUN 2020) Alifia Nashira; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10572

Abstract

Shipping companies in the era of globalization are growing rapidly which causes shipping activities to also develop. This development makes the shipping sector require large capital to run its business. Ships as facilities and infrastructure for marine transportation and as objects that have economic value that can be used as collateral. To get a large capital requires assistance in the form of credit which is used to buy ships and can be used as collateral by charging a mortgage on the ship. Ship collateral is one of the material rights as collateral for debt repayment. In order for a ship to be subject to a mortgage, it must be registered at an Indonesian port and must be done with an authentic deed. The issue that will be discussed is regarding the process of loading a marine mortgage in accordance with law number 17 of 2008 concerning shipping and the consequences of this guarantee. The result of this research is that ships that are charged a mortgage will be issued a mortgage grosse deed. The grosse mortgage deed has the same executorial power as the court verdict which has permanent legal force. As a result of this guarantee, default may occur because the debtor does not fulfill the agreed performance. The occurrence of default is the same as bad credit that causes the ship to be towed. Then the ship will be executed with the creditors and through the auction agency.
PERLINDUNGAN HUKUM TERHADAP PERKAWINAN ANAK DI BAWAH UMUR MENURUT UNDANG-UNDANG PERLINDUNGAN ANAK (STUDI PENETAPAN PENGADILAN AGAMA NOMOR 23/PDT.P/2020/PA.SPT DAN PENETAPAN NOMOR 0391/PDT.P/2016/PA.CBN) Febrian Rizky Firmansyah; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17115

Abstract

Legislation is one of the legal instruments to protect the public. Marriage dispensation is the domain of the Marriage Law which lex specialis regulates the granting of the right for someone to marry even though they have not reached the required age limit. Meanwhile, the UUPA as lex generalis has condemned the occurrence of child marriages. Marriages of minors often occur due to court decisions, so the problem arises how the judge considers the marriage of minors in the determination of Number 23/PDT.P/2020/PA.SPT and Number 0391/Pdt.P/2016/Pa.Cbn?, and how is the granting of a marriage dispensation linked according to the provisions of the Child Protection Act? The research method used is normative juridical with a case approach and legislation. Based on the results of the analysis, the judge's consideration of the marriage of minors in the two cases of determining the marriage dispensation is more focused on preventive nature. Through these preventive legal considerations, it will provide benefits (benefits) and avoid harm from things that are unwanted and prohibited by religion. The provision of marriage dispensation through the determination of the Religious Courts for minors is not a form of protection for children, but rather provides an opening for every child who is not yet an adult to be able to carry out marriages. Based on legal rules, general provisions override special provisions so that the marriage dispensation regulated in the Marriage Law will override the UUPA.
PENGUASAAN TANAH BEKAS HAK EIGENDOM VERPONDING SETELAH BERLAKUNYA UNDANG – UNDANG POKOK AGRARIA (STUDI KASUS PUTUSAN MAKAMAH AGUNG NOMOR: 1401 K/Pdt/2018) Geraldus Sulianto; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10577

Abstract

The ownership of the land of the former eigendom Verponding  depending on rights by the residents is physical which after the enactment of the Basic Agrarian Law becomes state land which is then issued a certificate of building rights by PT.  Asuransi Jiwasraya (Persero).  How is the legal protection for residents who control the land which ex-eigendom depends rights physically after the enactment of the Basic Agrarian Law and which has been issued in the name of PT.  Asuransi Jiwasraya (Persero)?  Researchers examined these problems using normative legal research methods.  In essence, research is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials, and non-legal materials.  The research data shows that there are weaknesses and legal errors from the application of these cases.  This resulted in the land that had been controlled by residents for decades to change ownership to land owned by PT.  Asuransi Jiwasraya (Persero), which residents should have priority rights to the land
ANALISIS PERBUATAN MELAWAN HUKUM DALAM AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH ANTARA KOKO PURNOMO SANTOSO DENGAN PT. INTAN PLAZA ADIKA (Studi Kasus: Putusan Mahkamah Agung Nomor 17/K/Pdt/2016) Haryati Widjaja; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.571 KB) | DOI: 10.24912/adigama.v1i1.2157

Abstract

Contract or agreement is an act pursuant to which one or more individuals commit themselves to one another. Based on the system that chapter III civil code used, chapter III civil code used opened system it means that every people can make an agreement with everybody and about anythings but the contract or agreement must be appropriate with terms of agreement and agreement principles. There are two kinds of agreement, first nominaat agreement, nominaat agreement is an agreement that already have a regulted in law. The second is innominaat agreement, innominaat agreement is an agreement that not regulated in law. condition sale and purchase agreement is innominaat agreement. Condition sale and purchase agreement was appeared because of freedom of contract. Eventhough condition sale and purchase agreement was made because freedom of contract but it must be appropriate with terms of agreement and agreement principles. If the agreement put aside the agreement principles and legal principles, the agreement can be null and void or can be canceled. In Koko Purnomo Santoso’s case, he already been punished for 4 years because, Koko sold lands that belongs to someone else and gave the wrong information in authentic deed. But, Intan Plaza Adika still want to continue the agreement because Intan Plaza Adika is a purchaser with good faith. The district court and high court agree with Intan Plaza Adika. But the supreme court said the opposite with district and high court, the supreme court said the agreement is null and void.
PEMBERIAN GANTI RUGI ATAS TANAH SISA AKIBAT PENGADAAN TANAH UNTUK KEPENTINGAN JALAN TOL KUNCIRAN SERPONG (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 3049K/PDT/2018) Yolanda Limarta; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10590

Abstract

Basic Agrarian Principles Number 5 of 1960 concerning Basic Agrarian Principles Article 1 paragraph 1 states that all land within the territory of the Indonesian State is the common land of all Indonesian people. Article 6 of the Basic Agrarian Law which states that all land rights have a social function. Land acquisition is carried out solely for the sake of public interest which aims to prosper the people. However, in the Supreme Court Decision Number 3049K / Pdt / 2018, the Judge decided that there was no compensation for the remaining land from the applicant, while the remaining land had been regulated in Article 35 of Law Number 2 of 2012. The research method used was normative research, which aims to know the procedures for land acquisition and assessment of compensation for the remaining land. As well as providing advice to the Appraisal so that they can carry out a careful and professional assessment so as not to cause harm to the land owner.
PERLINDUNGAN HUKUM TERHADAP PENGGARAP TANAH DI ATAS TANAH NEGARA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1401 K/ Pdt/ 2018) Shella Aprillia; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13638

Abstract

Lands, which are physically possessed by residents who do not convert their western land rights after the enactment of the Basic Agrarian Law, becomes state land directly controlled by the state, which is then issued a certificate of building rights in the name of PT. Asuransi Jiwasraya (Persero). How is the legal protection for cultivators on state land with the issuance of certificates in the name of PT. Jiwasraya Insurance? The researcher examined this problem using a normative legal research method; the data collection technique includes observation, data collection and interviews; the research approach used was statutory approach; and the data analysis technique used was vertical to horizontal synchronization. The research data reveals the existence of weaknesses and legal errors in the application of the case. As a result, the land which has been controlled by the residents for 73 years has changed ownership to PT. Asuransi Jiwasraya (Persero), which in fact should have been owned by the residents.
PENGADAAN TANAH UNTUK PEMBANGUNAN GARDU INDUK PLN KECAMATAN PASAR KEMIS KABUPATEN TANGERANG BERDASARKAN UU NO.2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM DAN PERMASALAHANNYA (CONTOH KASUS PUTUSAN NOMOR 642/PDT.G/2017/PN.JKT.SEL) Rio Aldi; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13645

Abstract

In building the public interest, the government will carry out land acquisition. However, sometimes the development for the public interest is not based on land acquisition mechanisms. The South Jakarta District Court Decision Number 642/Pdt.G/2017/PN.Jkt.Sel shows that there are parties who develop public interests that are not based on the land acquisition mechanism, which is there is no compensation and relinquishment of land rights. In this case, PT PLN is an agency that requires the use of physical land that belongs to another party to build an electric substation in Pasar Kemis District, Tangerang Regency. The agreement to build the electric substation is only made through the record of transfer of Physical Use of the Land which is submitted voluntarily. What is the mechanism for land acquisition for the construction of PLN electric Substations based on Law No. 2 of 2012 concerning Land Procurement for Development in the Public Interest Juncto Law No. 30 of 2009 concerning Electricity? How is the legal certainty of the construction of the PLN Electric Substation in Pasar Kemis District, Tangerang Regency on land that has not been released by the holder of land rights? Author uses normative legal research methods and data interviews as supporting data. The results of the research reveal that there is a legal uncertainty in the construction of the PLN Electrical Substation Pasar Kemis District, Tangerang Regency on land that has not been released by the holder of land rights.
ANALISIS TENTANG KEABSAHAN JUAL-BELI TANAH GARAPAN BEKAS TANAH PARTIKELIR VERPONDING (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR : 1870 K/PDT/2017) Delvin Akbar; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12023

Abstract

The agreement could emerge in many forms, in general, it could be divided into 2 forms: written agreement and unwritten agreement. In common, there are some forms of agreement that are already known by the society such as land sale and purchase, lease, and so forth, in which land sale and purchase agreement is the most known agreement. According to customary law, land sale and purchase is a land rights shifting that is clear and cash. The legal requirements of an agreement are regulated in article 1320 KUHPerdata. However, the legal requirements of land sale and purchase agreements are not considered in the verdict of District Court of Jakarta Pusat No.519/Pdt.G/2012/Pn.Jkt.Pst, the verdict of High Court of Jakarta No. 467/PDT/2015/PT.DKI and verdict of Supreme Court No : 1870 K/Pdt/2017. In this research, the researcher investigated the validity of land sale and purchase of arable land that previously exists as verponding land, which is written in the verdict of Supreme Court No : 1870 K/Pdt/2017. The method used in this research is normative law, supported by the interview data. The results of this research show that the judge has ignored legal regulations and provisions. The basic consideration of the verdicts is contradicted with the legal requirements of an agreement that is regulated in article 1320 KUHPerdata. The panel of judges should consider the validity of the land sale and purchase agreement as the basis of the verdict.  
Co-Authors Adi Dian Permana Agripina Agripina Aji Ulul Azmi Alifia Nashira Angel Meilenia Ng Arlene . Bred Klenten Brenda Manuel Sasmita Carissa Janice Cecyllia Tamara B. Schouten Degio Verell Seppkio Delvin Akbar Desvia Winandra F. Kristifani Haryanto Farly Kanserano Jabiy Fayuthika Alifia Kirana Sumeru Febrian Rizky Firmansyah Geraldus Sulianto Haryati Widjaja Imelda Septy Febrian Jordi Living Gosan Julliues Mulyadi Kenny Jusup Maharesi Trifo Putra Matthew Sebastian Meilivia Winandra Melinda Ijaya Melvina Melvina Michelle Velisia Mika Anabelle Muhammad Hadlisina Hawari Mutiara Indah Parawansa Nicholas Alexandros Octavianna Evangelista Qothrun Nada Ridho Harry Setiawan Rio Aldi Sawsan Yasmine Ohoiwutun Shella Aprillia Sherinne Sherinne Sherry Renata Syihabudin Sya’ban S.P. Tangkas Eka Putra Tatiana Imarasha Tommy Suhendra Vanny Grace Angelina Tampubolon Vincent Stanly Yoki Kurniawan Yolanda Limarta Yoshua Jonathan Saputra Yudhistya Yudhistya Yunita Baransano