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All Journal Sociological Jurisprudence Journal KERTHA WICAKSANA
I Wayan Suka Wirawan
Fakultas Hukum, Universitas Warmadewa
Social Sciences

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Actio Communi Dividundo I Wayan Suka Wirawan
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.105-115

Abstract

The research article titled "Actio Communi Dividundo" delves into the intricate legal dynamics surrounding the sale-purchase of immovable property, particularly concerning land rights. In the event that the buyer is bound by marriage relationship, the rights to the land are the so-called joint rights (gono-gini) of a fair of husband/wife. However, regarding to the registration of their rights, PPAT generally does not register both husband and wive as the holders of the right or is registered only on the name of one holder of the right, without having to obtain consent from the other right holder. As a result, not all the name of the right holders is registered as the right holders. This situation is certainly detrimental to the party whose her name is not registered as the holder of the right, especially in the event of a divorce and the party who his name is registered are not willing to voluntarily share such joint property. This paper aims to show whether the practice of joint land (gono-gini) registration only on the name of one party without consent of the other party has been pursuant or instead contravene to legal principles. The method has been used is normative legal research, and it was found that the practice of registering joint land only on the name of one right holder without any consent of the other right holder is contrary to the principle that every legal act regarding to joint property must obtain the consent from the entire rights holders; a principle which historically based upon the Roman civil law tradition as contained in the Corpus Iuris Civilis and its transformation into Actio Communi Dividundo.
Pemberian Karang Memadu Sebagai Sanksi Adat Untuk Mencegah Poligami di Desa Adat Panglipuran I Nyoman Putu Budiartha; I Wayan Suka Wirawan; I Nyoman Srimurti
Kertha Wicaksana Vol 15 No 1 (2021)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.15.1.2021.54-61

Abstract

The granting of land "Tanah Karang Memadu" for those conducting polygamous marriages in Pengelipuran Traditional Village, Bangli is a form of customary sanction from local wisdom that must be preserved. This customary sanction has proven able to prevent the community's intention to practice polygamy. In Law Number 1 of 1974 which has been amended by Law Number 16 of 2019 concerning Marriage, it is emphasized that marriage is a physical and spiritual bond between a man and a woman. So the principle adopted is the principle of monogamy. However, many people for some reason have polygamous marriages or have more than one wife. Normatively, the adat community of Penglipuran Village views polygamy as a violation of customary norms. That is why those who dare to practice polygamy will be sanctioned to leave the village yard and then be given a place known as "Karang Mamadu". This research answers the problem, how is the implementation of Karang Memadu customary sanctions in Penglipuran Village, and whether the Karang Memadu customary sanctions are implemented effectively in Penglipuran Traditional Village. This type of research will be used in this type of empirical legal research. The findings of the research confirm that the provision of "Karang Memadu" is a form of customary sanction which has very significant legal implications in preventing the occurrence of polygamous or "Memadu" marriages. The indication is, until this research has been completed, the "Karang Memadu" in question has never been used by those who carry out polygamous marriages. Suggestions that can be recommended are, the sanction of giving this "Karang Memadu" is so that it is preserved to ensure social order .
Co-Authors I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Srimurti