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Kedudukan Seorang Istri Sebagai Ahli Waris yang Pernikahannya Didaftarkan setelah Suami Meninggal Dunia Cynthia Phillo; Mella Ismelina FR
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 3 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i3.4100

Abstract

The purpose of this study is to discuss that marriages that have not been registered when one of the partners is still alive, can be injured even though one of the partners has died. This research method uses normative legal methods. The results of this study indicate that the position of a wife as an heir whose marriage is registered after her husband dies in Law Number 1 of 1974 concerning Marriage requires every couple who enters into a marriage to register the marriage before the Marriage Registrar to become the administration of the marriage and provide legal certainty for those who enter into marriage in order to obtain legal protection for the fulfillment of the rights of wife and children. Then in the case of a couple who do not register their marriage, a wife is not entitled to be the heir of the wealth left by her husband when his husband died. In order to become an heir, a wife whose husband has died must first legalize her marriage by registering her marriage so that her marriage is considered valid in the eyes of the law.
PEMBERLAKUAN SISTEM SATU ORANG SATU SUARA (ONE MAN ONE VOTE) DALAM PEMILIHAN PENGURUS DAN PENGAWAS PERHIMPUNAN PEMILIK DAN PENGHUNI SATUAN RUMAH SUSUN Stevenson, Jerry; F. R., Mella Ismelina
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Article 19 Regulation of the Minister of Public Works and Public Housing Number 23 / PRT / M / 2018 concerning the Association of Owners and Occupants of Apartment Units enforces the election of Management and Supervisors of the Association of Apartment Owners and Residents of Apartment Units only by the most votes (without prioritizing deliberation) and with one person one vote system, and with conditions that only the Owner can fulfill. Thus it can be agreed that the election of Management and Supervisors of the Association of Owners and Occupants of Apartment Units is a voting right. The purpose of writing this thesis is to see or reveal the background or considerations of the application of the one man one vote system in the selection of the Management and Supervisor of the Association of Owners and Managers of Apartment Units, and to analyze the extent to which these provisions are contrary to the principle of voting rights in the field of Flat Law.
Legal Politics Of Higher Education Creative Media To Support The Creative Industry In The Era Of The Industrial Revolution 5.0 H, RR. Ella Evrita; Rahayu, Mella Ismelina Farma; Asrun, Andi Muhammad; Lubis, Efridani
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.10686

Abstract

This article discusses that the current legal politics have regulated higher education and creative industries but have not accommodated all the needs for their implementation, especially now when the industrial revolution 5.0 will occur. Through the right legal political policies, creative media higher education can be the key in supporting the development of the creative industry in the era of the Industrial Revolution 5.0, to create a favorable and innovative environment for creative industry players. The type or type of research chosen, namely normative juridical. The point of view of this research will be focused on "The ideal conception of law both in terms of norms, institutions and legal culture.  The limitations used by researchers are: Legal adjustment of Creative Media Higher Education to support the creative industry in the era of the industrial revolution 5.0.  The originality of this research is how to create an ideal Legal Conception for Creative Media higher education that will support the development of the Creative Industries in the face of the current 5.0 revolution.
Ratio Decadency Decision NO. 235/G/2019/PTUN.KT Against Notary Legal Remedies Affected with Notary Position Violations ratna sari purba, Theresia; Rahayu, Mella Ismelina Farma
Journal of Scientific Research, Education, and Technology (JSRET) Vol. 2 No. 2 (2023): Vol. 2 No. 2 2023
Publisher : Kirana Publisher (KNPub)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58526/jsret.v2i2.175

Abstract

Serious violations in the position of a notary are actions taken which are actions related to the obligations of a notary, the notary's code of ethics and the authority of a notary. The implication of committing a serious violation is dishonorably dismissed by those who have the authority, namely the Ministry of Law and Human Rights based on the recommendation of the MPWN. In the case with the PTUN Jakarta Decision in case No. 235/2019 , the notary holding the protocol in his case has signed a deed outside his area of office, the report of the incident issued the Indonesian Minister of Law and Human Rights regarding dishonorably dismissing someone in his position as a Notary, for having committed an act that violates ethics as a Notary . Type the research used in this research is normative by using secondary data as legal material. The ratio decidendi of the PTUN Jakarta decision in case No. 235/2019 did not consider the attribution authority given directly by law to the Ministry of Law and Human Rights in issuing KTUN which had implications for the dishonorable dismissal of a person in said KTUN from his Notary position , besides that the ratio decadence of the a quo case also did not take into account that there were no AAUP violations or ratio-Legis violations committed by the Tun Official in issuing a KTUN regarding the dishonorable discharge of a notary official in the a quo case
Implikasi Dan Faktor yang Mempengaruhi Keterlambatan PPAT dalam Mendaftarkan APHT Ke Kantor Pertanahan Simanungkalit, Rosalina; Farma Rahayu, Mella Ismelina
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1733

Abstract

Implications and Factors Affecting PPAT Delay in Registering APHT to the Land Office, with the object of research is APHT to be registered APHT, this article aims to find out the Implications and Factors Affecting PPAT Delay in Registering APHT to the Land Office, with normative methods. The result is that the Land Deed Official (PPAT) in making the Deed of Granting Mortgage Rights (APHT) starts from the process of checking juridical data and documents, here the PPAT must be careful in checking the documents and is responsible for the implications caused by the PPAT's inaccuracy in checking, The second is in the process of APHT registration to the Land Office where the PPAT must be responsible for being on time according to Article l3 Paragraph (2) which states that no later than 7 working days after signing the APHT, the PPAT must send the APHT and other necessary documents to the Land Office. The 7-day grace period is calculated from the time the APHT is signed. Factors influencing the delay in the implementation of APHT making are first, from the parties who take a long time in collecting documents or exceeding the time limit, second, checking the Land Rights certificate at the Land Office which is said to be too long, third, namely writing errors in the deed, fourth, namely delays in APHT registration
The Implementation Of Government Regulation No. 86 Of 2018 On Agrarian Reform In Connection With Law No. 5 Of 1960 On The Basic Agrarian Law Utami, Annisa Nur; Rahayu, Mella Ismelina Farma
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 4, No 1 (2020): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v8i1.8396

Abstract

This research discusses the implementation of agrarian reform and land registration in Indonesia, with a focus on the correlation between the Land Registration Information System (PTSL) and the Basic Agrarian Law (UUPA). The study examines the process of implementing agrarian reform in the village of Lontar, Tirtayasa Subdistrict, Serang Regency, and analyzes changes in land ownership structure to determine the effectiveness of agrarian reform in promoting equitable land ownership. The correlation between PTSL and UUPA, when viewed from the implementation of government programs, PTSL is a program implemented by the government as part of efforts to enhance legal certainty and systematic land management. UUPA provides a legal foundation for the government to implement the PTSL program, including aspects such as land acquisition, compensation, and spatial planning Agrarian reform remains an important thing to do in Indonesia given the high cases of land or land conflicts that occur. One of the contributing factors is the lack of clarity of the map that is a reference for all parties concerned. To follow the national land policy, the implementation of agrarian resource management needs to be carried out through six activities, namely: land use arrangement, land tenure regulation, land parcel data collection, granting land rights, registering land rights and their transition (certification), and resolving land disputes. To carry out the management of agrarian resources, proper, accurate, and strong database administration is needed.
Unregistered Customary Land Ownership: Implications and Challenges in Practice Finna Maessy Pangestika; Mella Ismelina Farma Rahayu
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 4 (2024): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i4.15511

Abstract

In Indonesian culture, land is very important, especially when it comes to the ownership of unregistered customary property. This study seeks to evaluate the efficacy of the registration period outlined in Article 96 of Government Regulation No. 18/2021, along with the obstacles faced by the government in executing this policy. The study employs a normative legal approach with a qualitative descriptive methodology, examining applicable legislation and relevant literature. The results indicate that the specified registration timeframe could create legal ambiguity for landowners, particularly when several community members are either oblivious to the significance of registration or encounter barriers such as financial expenses and administrative processes. Although the Complete Systematic Land Registration (PTSL) initiative aims to optimize the registration process, insufficient public legal awareness may impede the attainment of land registration objectives. This study enhances comprehension of the effects of government policies on the rights of indigenous communities and provides recommendations to improve public participation in the land registration process, thus promoting greater legal certainty.
Legal Consequences for House Ownership Credit (KPR) Debtors Related to Certificates That Have Not Been Transferred to Their Name Until The Credit Has Been Paid Off Munthe, Duma Sinta Uli; Rahayu, Mella Ismelina Farma
Law Development Journal Vol 6, No 4 (2024): December 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.4.608-614

Abstract

In everyday life, humans need a place to live as one of the three basic needs to support their lives. Humans need a house as a shelter to provide a sense of security. The 1945 Constitution of the Republic of Indonesia also guarantees the fulfillment of a decent and healthy place to live for everyone. However, not everyone has the financial ability to buy a house, so banks are present as an alternative that offers assistance facilities in the form of Home Ownership Credit (KPR). In practice, KPR transactions do not always run smoothly, sometimes there are obstacles or disputes faced by the parties. One of them is when the debtor has paid off his credit at the bank but the debtor has not received a certificate for the assets that have been paid off for years. The causes vary, one of which is because the name has not been changed on the certificate. This certainly has a detrimental impact on the debtor. This study discusses the legal consequences for KPR debtors who have paid off their KPR installments but the certificate is still not in the hands of the debtor. In the context of civil law, a certificate is valid evidence and provides legal certainty regarding a person's ownership of their property. The research method used is normative juridical by referring to the laws and regulations in force in Indonesia. The research was conducted by means of a literature study of secondary data sources. The results of the study indicate that certificates that have not been submitted to debtors because they have not been transferred can be detrimental to debtors legally because the debtor does not have legal certainty over the land he has purchased so that the debtor can request compensation and accountability from the developer and bank in accordance with the provisions of laws and regulations, especially Law No. 8 of 1999 concerning Consumer Protection.
Procedures for Complete Systematic Land Registration on Land Ownership Rights in Karawang Regency Sambuaga, Jefferson Asprila; Farma Rahayu, Mella Ismelina
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 1 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i1.10142

Abstract

The Complete Systematic Land Registration (PTSL) program ideally provides legal certainty over land ownership, particularly in rapidly developing areas such as Karawang Regency. However, in reality, challenges remain in its implementation, such as the varying quality of services, which can hinder the achievement of the program's objectives. This study aims to examine the implementation of PTSL in providing legal certainty over land rights in Karawang Regency. The research employs a Normative Juridical method with a Descriptive Analytical approach. The findings indicate that the implementation of PTSL has been carried out in accordance with the provisions regarding the object, subject, basis of rights, processes, and financing. The program offers strategic benefits in supporting legal certainty, although its success largely depends on improving the quality of public services provided by relevant institutions.
Legal Protection of Notaries Against Acts Against the Law on False Testimony by Presenters Laurel Rahardjo; Mella Ismelina FR
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1396

Abstract

This study aims to determine the form of legal protection for notaries against unlawful acts of false statements by the parties and to determine the judge's considerations in determining the notary's responsibility for unlawful acts of false statements by the parties. The research method used is normative legal research. The results of the study indicate that the form of legal protection for notaries against unlawful acts of false statements by the parties is regulated in the Notary Law (UUJN). Article 66A of the UUJN stipulates that the summons of a notary for legal proceedings must obtain the approval of the Notary Honorary Council (MKN). The notary's responsibility is limited only to the formality of making a deed, while the material truth of the statement is the responsibility of the party appearing, as regulated in Article 16 paragraph (1) letter c of the UUJN. This protection is in accordance with the principle of the presumption of innocence and the position of a notary as a public official, and can be strengthened through legal steps if criminalization occurs. In the Supreme Court Decision Number 98 K/Pid/2021, the judge decided that the notary was not criminally responsible for false statements given by the party appearing in an authentic deed. This decision is based on the principle that the notary's responsibility is limited to the formal truth of the deed, while the material truth of the contents of the statement is entirely the responsibility of the person appearing.
Co-Authors Afrizal Hadi Permana Aldiansyah Yudha Prawira Amad Sudiro, Amad ammanda michelle sumampow Anak Agung Ngurah Adhi Wibisana Anak Agung Sagung Laksmi Dewi Angin , Sarwan Perangin Antari, Ni Putu Dea Anthon F. Susanto, Anthon F. Anthon Freddy Susanto Arinto Nurcahyo Asrun, Andi Muhammad Ayu, Bumi Carissa Janice Carrin Finerly Christiawan, Rio Cynthia Phillo Dharma, Ananda Surya Dzakiah, Wanda Putri Edwin, Shane Efridani Lubis Fatimah Zahro febyola berylani sugiarto Finna Maessy Pangestika Firdaus Arifin, Firdaus Florencia Irena, Florencia Gemilang, Wita Anugrah Hansen Joneri Iriani, Kunto Fitricia Elfisa Jennyver Willyanto Joko Pramono K, Rachmasari Anna Kanaya, Franzeska Ratu Kenneth Kenneth Khoirunnisa, Balqis Kunto Fitricia Elfisa Iriani Kurniawan, Immanuel Stanly Kurniawan, Stanley Laurel Rahardjo Liya Sukma Muliya M, Nabila Dyahayu Maarif, Ihsanul Manik, Kezia Ratu Clarissa Marlianti, Selly Marsalina Kareth Muhamad l Haris Zulkarnaen Sitompul Munthe, Duma Sinta Uli Murbani, Anastasia Wahyu Mutia Dewi , Rury Nasution, Adellailla Neni Ruhaeni Nico Casey Ningtiyas, ⁠Hanna Ade Nugroho, Aldhy Bintang nur rizki, Raden achmad Nurhasanah, Nia Nurramdani, Husni Oke Sonia, Eztha Pahrazi, Raihan Panggabean, Nicholas Permana, Afrizal Hadi Prabowo, Romi Galih Prawira, Aldiansyah Yudha Prihartati, Julia Putra, Rifky Anantha Putri, Eka Ratna Raden Achmad Nur Rizki Rasji, Rasji ratna sari purba, Theresia Regina Christhalia Reyhan Raesandi Rivaldi Rizky Rizki Hirmanto Rizky, Rivaldi Romi Galih Prabowo RR. ELLA EVRITA H Sambuaga, Jefferson Asprila Saripan, Hartini Sheerleen, Sheerleen Simanungkalit, Rosalina Situmorang, Waldus Stevenson, Jerry Susanto, Anthon F Sutjiadi, Andreas Ujianti, Ni Made Puspasutari Utami, Annisa Nur Wahyudani Oktavia, Ketut Ria Wati Purba, Lisna Wibisana, Anak Agung Ngurah Adhi Widyaningrum, Tuti Yunita Wahyu Medyawati Zulkarnaen Sitompul, Muhamad l Haris