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ANALISIS YURIDIS AKIBAT HUKUM ATAS PERKAWINAN CAMPURAN BEDA NEGARA YANG TIDAK DIDAFTARKAN DI KANTOR CATATAN SIPIL NEGARA REPUBLIK INDONESIA (STUDI PENELITIAN DI KANTOR CATATAN SIPIL PEMERINTAH KOTA BATAM) Laily Washliati; Titik Aminah; Agus Triyana
Ensiklopedia of Journal Vol 5, No 2 (2023): Volume 5 No. 2 Edisi 1 Januari 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (96.849 KB) | DOI: 10.33559/eoj.v5i2.1459

Abstract

Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage states that: A marriage which is carried out outside Indonesia with two Indonesian citizens or an Indonesian citizen with a foreign national is legal if it is carried out according to the laws in force in the country. the country where the marriage was held for Indonesian citizens. However, in reality many mixed marriage couples from different countries do not register their marriages with the Civil Registry Office. The purpose of writing this journal is to find out the legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, and to find out the legal consequences, obstacles and efforts to implement mixed marriages of different countries that are not registered with the Civil Registry Office. The results of the study indicate that legal arrangements for mixed marriages of different countries that are not registered at the Civil Registry Office, namely mixed marriages have an obligation to register them at the Civil Registry Office to become the strongest evidence in determining a person's legal position and maintaining the rights of husband and wife in a marriage. marital bond. This obligation is shown from the existence of criminal sanctions regulated in Article 61 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The legal consequences of implementing mixed marriages in different countries that are not registered with the Civil Registry Office are legal consequences for the parties to mixed marriages, and legal consequences for children born from mixed marriages. Factors constraining the implementation of mixed marriages in different countries that are not registered are the difficulty in managing the legality in the implementation of mixed marriages, and the low legal awareness of the community towards the requirements that must be met in the implementation of mixed marriages in different countries. And efforts that can be made to overcome these obstacles are the need for legal assistance for mixed marriage couples, and the need to increase legal socialization for mixed marriages.
SERUMPUN DALAM PENGETAHUAN: BELAJAR BERSAMA TENTANG AKUNTANSI, HUKUM, DAN NILAI KENOTARIATAN DALAM BINGKAI NUSANTARA DAN SEMENANJUNG Benni Sumarman; Siti Nurkhotijah; Titik Aminah; Syiffa Nayla Deanova; Insan Nur Arif; Asterela Yolanda; Faten Elina Kamaruddin; Aisyah Saffiyah BT Yahaya; Haifa Syahmina BT Helmy
Jurnal Pendekar Nusantara Vol. 3 No. 3 (2026): MEI 2026
Publisher : LPPM-Universitas Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37776/pend.v3i3.2243

Abstract

Kegiatan Pengabdian kepada Masyarakat (PkM) internasional ini dilaksanakan di SMK Gemereh, Johor, Malaysia, dengan tujuan meningkatkan literasi dasar siswa mengenai akuntansi sederhana, hukum praktis, serta nilai kenotariatan dalam kehidupan sehari-hari. Kegiatan ini berangkat dari kedekatan budaya dan sejarah Indonesia–Malaysia sebagai bangsa serumpun yang memiliki tradisi hukum dan ekonomi berbasis komunitas. Metode yang digunakan meliputi ceramah interaktif, sosialisasi klasikal, Focus Group Discussion (FGD) sederhana, simulasi peran, permainan bahasa serumpun, serta studi kasus mengenai pencatatan transaksi harian dan contoh perjanjian pinjam barang. Pre-test dan post-test diberikan untuk mengukur tingkat pemahaman siswa sebelum dan sesudah kegiatan. Hasil pelaksanaan menunjukkan adanya peningkatan pemahaman siswa terhadap pentingnya pembukuan sederhana, kesadaran hukum dalam aktivitas digital, dan pemahaman nilai kejujuran serta amanah dalam praktik kenotariatan. Interaksi aktif siswa melalui diskusi, tanya jawab, dan simulasi menunjukkan bahwa pendekatan lintas budaya mampu memperkuat keterlibatan peserta dan memberikan pengalaman belajar yang bermakna. Kegiatan ini tidak hanya memberikan peningkatan pengetahuan, tetapi juga mempererat hubungan serumpun antara Indonesia dan Malaysia melalui kolaborasi akademik yang bersifat aplikatif dan budaya.
JURIDICAL ANALYSIS OF THE POSITION OF THE DEED OF ESTABLISHMENT OF A LIMITED LIABILITY COMPANY IN RELATION TO THE LEGALITY OF LEGAL ACTIONS OF A SHIPPING COMPANY (CASE STUDY OF PT BIAS DELTA PRATAMA) Hetti Sitorus; Erniyanti; Titik Aminah; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The deed of establishment of a limited liability company is an authentic instrument recording the founders’ agreement and the articles of association, while legal-entity status arises upon ministerial approval. In the company’s subsequent development, the deed of establishment must be read together with amendments to the articles of association and deeds recording changes in company data. For PT Bias Delta Pratama, the empirical documents examined include the history of Deed of Establishment Number 183 dated 26 September 1992 and Deed Number 55 dated 28 February 2018, which records the minutes of an Extraordinary General Meeting of Shareholders and is therefore a subsequent corporate deed. This study analyzes the position of that documentary chain in determining the authority of the company’s organs and the binding effect of legal acts performed in the company’s name. This study employs a normative-empirical legal research method using the statute approach, conceptual approach, and empirical approach. The research data consists of primary data obtained through interviews with respondents and informants, as well as secondary data obtained through a literature study of legislation, books, journals, and relevant legal documents. The data are analyzed qualitatively through the processes of reduction, presentation, and conclusion drawing. The results show that the deed of establishment is the documentary basis for forming the company, whereas legal-entity status arises through ministerial approval. After incorporation, representative authority is determined by company law, the articles of association and their amendments, shareholders’ resolutions appointing directors, the recording of changes in company data, and valid powers of attorney. Deed Number 55 of 2018 is not the deed of establishment; it is a deed recording an Extraordinary General Meeting of Shareholders and is used to trace post-incorporation corporate decisions and data. At PT Bias Delta Pratama, internal operational titles do not automatically confer authority to represent the company. Accordingly, amendments to the articles or updates to company data must be made according to the legal nature of each change.
LEGAL ANALYSIS OF THE ROLE OF NOTARIES IN PREVENTING ABUSE OF NAME-LOAN AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS (Research Study of Decision Number 129/Pdt.G/2021/PN.Btm) Akmal Fatayat; Erniyanti; Agus Siagian; Titik Aminah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The use of nominee agreements between foreign nationals and Indonesian citizens is still found in land transactions in Indonesia. Through this arrangement, foreign nationals are able to control land that, under the Basic Agrarian Law, may only be owned by Indonesian citizens. This practice is not in line with the nationality principle under Indonesian land law. Therefore, Notaries have an important role in preventing the misuse of nominee agreements by ensuring that every deed they prepare complies with the applicable laws and regulations. This study examines the role of Notaries in preventing the misuse of nominee agreements based on Decision Number 129/Pdt.G/2021/PN.Btm. This study examines three issues: the legal regulation governing the role of Notaries in preventing the misuse of nominee agreements between foreign nationals and Indonesian citizens, the implementation of the Notary's role in practice, and the obstacles encountered together with the proposed solutions. This is normative legal research using statutory, conceptual, case, and practice-oriented approaches. The research uses primary, secondary, and tertiary legal materials collected through library research and supported by interviews. The data were analyzed qualitatively using a descriptive-analytical method based on legislation, legal literature, and Decision Number 129/Pdt.G/2021/PN.Btm. The study finds that the preventive role of Notaries is regulated under the Law on Notarial Office, the Basic Agrarian Law, and the Indonesian Civil Code. However, there are no specific legal provisions governing nominee agreements. In practice, Notaries prevent the misuse of nominee agreements by applying the prudential principle, verifying the identity of the parties, examining supporting documents, and providing legal advice before preparing an authentic deed. The main obstacles are the limited authority of Notaries to identify the actual legal relationship between the parties and the absence of clear legal rules on nominee agreements. This study recommends improving the existing legal regulations, strengthening the supervision and professionalism of Notaries, and increasing public legal awareness to prevent the misuse of nominee agreements .
LEGAL ANALYSIS OF JUDICIAL ASSESSMENT OF NOTARY'S RESPONSIBILITY IN AUTHENTIC DEED DISPUTES IN CRIMINAL COURTS (RESEARCH STUDY OF DECISION NUMBER 1/PID.B/2026/PN.JTH) Aminul Haqqi; Markus Gunawan; Agus Siagian; Titik Aminah; Irpan Husein; Mania H
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

A notary is a public official authorized by the state to create authentic deeds as evidence with absolute probative force. In practice, authentic deeds serve not only as evidence in civil cases but can also be used as evidence in criminal cases if there is a suspected criminal act related to their creation. This situation places the notary at risk of criminal liability, necessitating a judicial assessment by a judge to determine whether or not the notary was involved based on the trial facts, evidence, and applicable legal provisions. This research examines three problem formulations, namely regarding legal regulations regarding judicial assessment of notary responsibility in authentic deed disputes in criminal courts, how to implement judicial assessment of notary responsibility in authentic deed disputes in criminal courts, and what are the obstacles and solutions to judicial assessment of notary responsibility in authentic deed disputes in criminal courts. This study uses a normative-empirical legal research method with a statutory, conceptual, case study, historical, and comparative approach. The data used consists of primary data obtained through interviews and secondary data obtained through literature review of laws and regulations, court decisions, books, and scientific journals. The results of the study indicate that the legal regulations regarding the judicial assessment of notary liability in disputes over authentic deeds in criminal courts are the application of various interrelated legal provisions, including the UUJN, the Criminal Code, the Civil Code, and the UUKK. The implementation of judicial assessment in Decision Number 1/Pid.B/2026/PN.JTH shows that judges assess the notary's criminal liability based on the overall facts of the trial, evidence, and the fulfillment of the elements of the crime, so that criminal liability is not based solely on the notary's position or the existence of an authentic deed. The obstacles found are mainly related to the complexity of proof involving aspects of criminal law and notarial law. Therefore, it is necessary to improve regulations related to the position of notary and the enforcement of criminal law, as well as the development of academic studies on notary criminal liability to support the creation of legal certainty, justice, and legal benefits.