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Herowati Poesoko, Herowati
Faculty Of Law Universitas Jember, Jawa Timur, Indonesia
Religion Humanities Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES Leonide, Cliff Ivan; Khoidin, M.; Zulaika, Emi; Poesoko, Herowati; Suci, Ivida Dewi Amrih
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1166

Abstract

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages, especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith marriages must be proven, which automatically results in an application being made to the court. This is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration which regulates marriages determined by courts for people of different religions. Therefore, the author analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023 regarding the judge's decision in the application for registration of interfaith marriages. The method used is normative juridical research, with an analysis of the theory of authority and legal certainty. The approaches used are the conceptual approach, statutory approach and case approach. The conclusion to be reached in this writing has future perspective value and is in accordance with its axiology, namely the aim of law is justice.
PRACTICAL LAW DEVELOPMENT THE INSTITUTION OF POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS TO ACHIEVE THE VALUE OF JUSTICE Suci, Ivida Dewi Amrih; Poesoko, Herowati; Raharja, Sunarya; Puryani, Puji; Andani, Devi
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1234

Abstract

Practical law development is described as implementing the duties or ideals of the law in practice. Law is an arrangement the state provides to the community as a guarantee of security for justice seekers (justiabelen). In practice, cases examined in the application of the law by linking the regulatory norms with the legal facts, then the result of the judge's analysis is the ratio decidendi as the basis for making the ruling, as well as the decision in the PKPU realm in bankruptcy law which is lex specialist on the work of PKPU institutions. The success of the PKPU institution's work with a court decision that has permanent legal force (inkracht van gewijsde) (vide Article 287 of the Bankruptcy and PKPU Law). The PKPU peace institution in every case settlement is needed to be strongly encouraged so that the success rate is high. This is because this institution at an early stage is desired to be a tool in stopping the bankruptcy decision for the debtor, so that the debtor can continue his business and can pay his debts to creditors, therefore it is expected to provide justice for the parties who are litigating. The purpose of law is to achieve the value of justice, with the value of legal certainty and the value of the benefits of the PKPU institution, which is part of the value of justice as a legal goal. The author in this article analyzes "how the practical legal implementation of the PKPU peace institution achieves the value of justice". The writing of this article uses the normative juridical method, which makes the norm as the legal concept, and uses the analysis knife of the theory of legal objectives taken from 3 (three) general teachings of Gustav Radbruch, namely certainty, benefits and the end is justice, in addition to dissecting it, also using Kees Schuit's theory, namely idiil elements, operational elements and actuil elements. The approach used is conceptual approach, statutory approach, and case approach. The conclusion to be reached has prescriptive value as an apology for the world of legal science, especially the science of bankruptcy law and the institution of Postponement of Debt Payment Obligations (PKPU).
The Role of Legal Opinion as Legal Problem Solving Method Herowati Poesoko; Anak Agung Sagung Laksmi Dewi
Sociological Jurisprudence Journal Vol. 3 No. 1 (2020)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.3.1.1513.19-27

Abstract

This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.
THE VALIDTY OF CREDIT AGREEMENT WITH COLLATERAL LAND AND BUILDING LETTER C Dyah Ochtorina Susanti; Herowati Poesoko; Nuri Hidayati
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1208.65-72

Abstract

This study aims to determine the legality of credit agreement made with a guarantee of land and building proof of ownership of Letter C without the existence a Power of Attorney Charging Mortgage (SKMHT), Giving Deed Mortgage (APHT), and Mortgage Certificate (SHT). This study used a normative juridical research method with a statutory approach, conceptual and case. The credit agreement that has been made is stated and affects the law with the agreement that among the creditors (PNM) and the debtor (Komsatun) followed by the completion of the investment object, this was only in accordance with the 1320 Civil Servants Court. As for land and building of Letter C which was made as a courtesy agreement credit is displayed nothing happens and canceled as for law becase is not following madate paragraph 10 (3) UUHT, that letter C land to be used as a mortgage then the dependent can still be possible while giving it at same time with the process of applying for a land mortgage. Based on the result of the study, it can be concluded that the Credit agreement which made by the ownership of letter C of land and buildings guarantee without any binding for the notarial deed/PPAT in form of SKMHT, APHT, and SHT is official and binding according to law. Because of the credit agreement which already made according by agreement by the creditor (Bank PNM Ulam) and the debtor (Komsatun) followed by submission of money as an agree-ment project.
Co-Authors Abintoro Prakoso, Abintoro Aries Harianto Devi Andani Dewi, A.A Sagung Laksmi Dwi Hastri, Evi Dyah Ochtorina Susanti Emi Zulaika Ermanto Fahamsyah Jiwandono , Muchammad Rizal Leonide, Cliff Ivan M. Hadi Shubhan M. Khoidin, M. Murjiyanto, R. Nur Aisya hidayati Nuri Hidayati Nuri Hidayati Puryani, Puji Sjaifurrachman Sjaifurrachman Suci, Ivida Dewi Amrih Sudiyana Sunarya Raharja Syahrul R, Syahrul Wardani, Ratna Sri Yasid, Akhmadi Zahir, Mohd Zamre Mohd