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SAHNYA PERKAWINAN MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DITINJAU DARI HUKUM PERJANJIAN Trusto Subekti
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.103

Legal certainty is an indicator for a legal into good legal category, the fact about the validity of marriage has led a multi interpretation among the experts and the society, especially among Muslims. This is shown in the society members statement that "the secret marriage" as a valid marriage according to religious even it is not listed. " Arranged marriage in a society is intended to solve problems within the scope of family law and marriage, not to create new problems in society. the problem is how the legitimacy of the marriage law seen from the viewpoint of the agreement, with expectations to obtain certainty about the right interpretation of the validity of marriage, so the confusion about the validity of a marriage can be resolved. Seen from the viewpoint of the legal agreements, Marriage included in family laws agreements and according to the provisions this agreements are categorized as a formal agreements, it means that the agreement was born and legally binding if the requirements and procedures (formality) of marriage according Act No. 1 Year 1974 jo. No PP. 9 Year 1975 fulfilled. Afterwards, from the binding aspect, the function of marriage records juridically is a requirement in order to obtain recognition and protection from the state and binding the third party: (others). According to the regulatory aspects the procedure and the registration of marriages reflect a legal certainty, as the result the existence of marriage proved by a marriage certificate.As a further consequence, in the law viewpoint a marriage is invalid if the marriage did not comply the procedure and registration of marriage.Keyword: Validity of marriages, Law Agreement

PENAFSIRAN SISTEMATIS TERHADAP KONSEP "SETIAP ANAK" BERHAK UNTUK MENGETAHUI ORANG TUANYA DALAM PASAL 1 AYAT (1) UNDANG UNDANG NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Trusto Subekti
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.266

Partial understanding about children and their rights according to Law No. 1 of 1974 and Law no. 23 of 2002, become confusing. If the concept of "every child" has the right to know his parents, raised and nurtured by the parents themselves are connected with the concept of illegitimate children, there will arise the question of whether an illegitimate child ("child adultery"), may file a lawsuit to the Court, in case the biological father has been married to another woman. The result of systematic interpretation in the application of Article 7 paragraph (1) Act No. 23 of 2002 based on the principles and specific legal principles in family law and marriage, the recognition of children can not be applied to "every child" and it only works for children out of wedlock with her biological father is not bound by the terms of marriage with another woman. The expected contribution is the implementation of human rights in every national legal product should consider the principle of legal certainty, usefulness and fairness, and not just create new problems in society. Key words: systematic interpretation, every child, child recognition

STUDI PERKEMBANGAN SUBSTANSI KUTIPAN AKTA PERKAWINAN BAGI NON MUSLIM SETELAH BERLAKUNYA UNDANG UNDANG NOMOR 1 TAHUN 1974 PADA DINAS KEPENDUDUKAN DAN CATATAN SIPIL KABUPATEN BANYUMAS Trusto Subekti
Jurnal Dinamika Hukum Vol 10, No 1 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.1.132

Article 2 paragraph (2) Law No.1 of 1974 stated that every marriage must be recorded as evidence of the Marriage Certificate issued. Viewed from the aspect of history, marriage records still reflect the political classification of residents based on the Civil Ordinance for the European group No. S.1849. 25, Civil Ordinance for the Chinese S. No. 1917. 1919 No. 130 Jo. 81, Civil Ordinance for class citizen Christian Original S. No. 19,330. 1936 No. 75 Jo. 607. In Indonesia the law of political developments have led to no longer recognize classification population. Since 1966, has issued instructions of the Cabinet Presidium Ampera No. 31/U/IN/12/1966 and followed-up by the Presidential Decree No.12 Year 1983, and finally Law No. 23 Year 2006 concerning Population and Administrative and Regulation No.37 Year 2007 as its implementing regulations. Recording of marriage is a state of institutional behavior and decision or reflect the will of the state establishment, and the product of a decision or other form of establishment of the Marriage Act and Marriage Act quotation. If the Marriage Act's passage can be read law and political unknown and the state of institutional readiness in implementing its mission. This study aims to determine the development of the Marriage Act Excerpt substances, particularly applicable to non-Muslim population The approach used in research is a normative juridical and the results obtained is that the study of the development of the Marriage Act Excerpt substance for non-Muslims in touch with the historical aspects that show the existence of variation.Keywords: Growth, Quotes Marriage Act, Non-Muslims

BATASAN TANGGUNG JAWAB DIREKSI ATAS KERUGIAN PERUSAHAAN Subekti, Trusto
Jurnal Dinamika Hukum Vol 8, No 1 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.1.21

The effect of monetary crisis in year 1997 has caused many share companies in Indonesia close down because of unprofitable. At that moment, the price of shareholder drastic downwards, even exists to the zero level and effected to the bankruptcy. For the agenda of overcoming situation of share company, many ways have been conducted by the board of directories company to overcome the loss by using the law corridor, but somehow there are many party conduct action by impinged the laws. The problems which stated here is”how far a Board of directors can be responsible to the loss suffered of the company”. From the theoretical study, it expected can be obtained the image of concerning indicator of a director that conduct the abuse of power. Keywords: share company, board of directories, and abuse of power

INTERPRETASI HAKIM, PENGACARA DAN NOTARIS TERHADAP KONSEP HARTA BERSAMA MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI KABUPATEN BANYUMAS (Studi Tentang Kriteria yang Digunakan dalam Mengkualifikasi Harta Bersama) Subekti, Trusto
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.41

A marriage always have legal consequences, especially in marriage good together. Every regulation of that law have the character of abstraction and passive, hence to comprehend content and intention something section in law have to use appliance is so called interprestasi (interpretation method), result of perception (observasi) whereas studied law and regulation, that is as sources of law. This research have the character of research of law with approach of empirical juridis and research type the used is bibliography (research library) field (field of research) to obtain direct explanation of subjek in this research, that is Judges, Lawyers, and Notaries in Sub-Province of Banyumas. Pursuant to research result obtained from 12 (twelve) method interpretation of which can utilized to comprehend community property concept according to article 35 point (1) Act No.l, 1974, in the reality utilized by all law practitioners, only 2 (two) interpretation method, that is interpretation of language 47 (54,65%) and systematic interpretation 29 (45,35%). And result of interpretation inventariasi all practitioners punish to regarding criterion used to determine kualification an object of included in community property from 23 interpretation object item obtained 7 (seven) criterion, as follows: obtained estae during marriage, result of management with diving marriage, production during marriage, earnings during marriage, purchasing during marriage, result of from heritage obtained during marriage, transformation of heritage during marriage. Hence require to be given clear formula pass law and regulation and properly there are same understanding to all practitioners punish to regarding criterion to determine something object of kualification as personal estae or community property, to be society not be bewildered caused by interpretation which different each other. Kata Kunci : Interpretasi, kriteria, konsep harta bersama, hakim pengacara, notaris

EKSEPSI PLURIUM LITIS CONSORTIUM (Studi Terhadap Putusan Pengadilan Tinggi Semarang No. 401/Pdt/2002/PT. Smg jo. Putusan Pengadilan Negeri Purwokerto No.41/Pdt.G/2000/PN.Pwt) Muflichah, Siti; Subekti, Trusto; Faradz, Haedah
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.48

In the civil jurisdiction, truth searched is the formal truth. This matter of course different from the criminal justice, where truth searched is material truth. Searching the formal truth, meaning that judge may not be abysmal of boundary that raised by the parties. This matter contain the congeniality, that verification process is not see at wight or content, but to wide of case scope or dispute that raised by the parties. In this case judge have the passive character. in civil jurisdiction, truth searched is a truth that relying on formal verification. The Judge decision shall contain the rule of law element, justice and benefit. For the reason judge have to careful, goodness in making draft of decision and also decision intake later. In Case No. 401/ Pdt / 2002 / PT. Smg, The Judge of High Court of middle of Java made the decision by strengthening decision of District Court of Purwokerto in case No. 41/Pdt.G/2000/PN Pwt. This Judge Decision represent an example of careless of the judge in make decision. exception of the lack of party had refused. Therefore, judge have to consider this matter in its decision. Therefore, judge have to consider this matter in its decision. This matter of course relative harm the plaintiff, because if suing is not accepted, plaintiff can improve/ repair its suing or make a lawsuit to the court newly again. But refusedly of suing make the plaintiff cannot improve/ repair its suing or make the new suing again. finally, the decision which is not careful will not fulfill the rule of law elements, justice and benefit. Kata kunci: kebenaran formil, penggugat, tergugat, turut tergugat, syarat formil gugatan

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