Yudi Prihartanto Soleh
Universitas Pasundan

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Pembaharuan Undang-Undang Perkawinan Perihal Poligami Berdasarkan Hukum Perkawinan Yudi Prihartanto Soleh
Jurnal Soshum Insentif Vol 2 No 1 (April, 2019): Jurnal Soshum Insentif
Publisher : Lembaga Layanan Pendidikan Tinggi Wilayah IV

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.215 KB) | DOI: 10.36787/jsi.v2i1.42

Abstract

Polygamy is one of the problems in marriage that is most highlighted by the people of Indonesia as well as considered controversial. The issue of polygamy is one of the issues regulated in Indonesian marriage law. In principle, marriage is a mental bond between a man and a woman as a husband and wife with the aim of forming a family. The establishment of the Marriage Law in Article 3, on the one hand applying the principle of monogamy, but in the next verse opened the opportunity for husbands to propose polygamy. Renewal of the Marriage Law can be interpreted as an effort and deed through a certain process with full seriousness committed by the government who have competence and authority in the development of Marriage Law in ways that have been specified based on the rules of law.
Kepastian Hukum Terhadap Kasus Tumpang Tindih Pada Sebagian Bidang Tanah Yang Dikuasai oleh Dua Pihak Pemilik Sertipikat Hak Milik Waluya, Carrissa Nurfaliza; Aksinuddin, Saim; Soleh, Yudi Prihartanto
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11607805

Abstract

Since the enactment of the Basic Agrarian Law in 1960, Indonesia has established a national legal framework, replacing the colonial system that lacked legal certainty for its people. The integration of customary law principles was key in the development of national land law, balancing aspects of communal and individual ownership. Property rights to land are clearly outlined in the Basic Agrarian Law, facilitating the transfer of ownership. However, there are still cases of overlapping land certificates. This study adopts a juridical-normative research method, analyzing legislation on land registration. The research aims to deepen understanding of legal regulation and dispute resolution, in the hope of improving legal certainty and protection in land ownership in Indonesia. Overlaps in land titles are emerging as a significant problem. Factors such as absenteeism during land boundary mapping, certificate forgery, and unclear inheritance division contribute to this overlap. Addressing this issue requires appropriate measures. Data correction, mediation, re-survey, annulment of legal products, or litigation are potential solutions.
ANALISIS HUKUM TERHADAP PENOLAKAN SUAMI MENGUCAPKAN IKRAR TALAK DALAM PERKARA PERCERAIAN Soleh, Yudi Prihartanto
LITIGASI Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5608

Abstract

A husband who does not want to divorce may apply to the Religious Courts with the intention to delay the divorce by not declaring the pledge of divorce even though the case is final and binding. If the wife who files for divorce and the case has been decided, automatically the husband and wife are divorced. In case the divorce is filed at the same time, either one cannot file any lawsuit. When the husband does not exercise his right to make a divorce pledge, the wife then can only file a "Divorce Lawsuit" when the case filed by her husband is completed. This hinders the wife to file a divorce that may lead to unclear domestic situation. This study uses a normative juridical method with statutory and analytical approach through multidisciplinary approach, namely from aspects of Marriage Law, Religious Court Law, and KHI. The results showed that by filing a lawsuit in reconvention by the wife, if the husband does not declare the pledge after the decision is final, the divorce can still occur. Thus, the husband cannot impede the process of divorce that can harm the wife. Keywords: Husband's Rejection; Pledge of Divorce; Divorce Case.