Karman Karman
Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

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Journal : Cross-border

KAJIAN HUKUM PERDATA TERHADAP PENGGUNAAN PERJANJIAN TIDAK TERTULIS DALAM SEWA MENYEWA RUMAH Karman Karman
Cross-border Vol. 2 No. 2 (2019): Cross-border
Publisher : Lembaga Penelitian Dan Pengabdian Masyarakat Institut Agama Islam Sultan Muhammad Syafiuddin Sambas Kalimantan Barat

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Abstract

At this time the progress of the times is growing in addition to development, there are also high human resources, this is because several cities, regions and districts already have universities, especially in this writing in the Sambas district. With the presence of universities, both private and public, in Sambas Regency, it is very interesting for the community to gain knowledge easily without spending a lot of money (for the people of the Sambas Regency area). In this regard, many students are also outside the Sambas district to gain knowledge, therefore it is not surprising that some students rent houses and among these students make unwritten agreements or in other words only speak orally. The contract agreement is a legal umbrella with its function as protection and legal certainty for the interests of both parties. In the case of house occupancy by way of renting a house, it has also been regulated in the Republic of Indonesia Government Regulation No. 44 of 1994 concerning Occupancy of a House by Non-Owners. An unwritten agreement is an agreement that is often used in house rental transactions among students, the existence of an unwritten agreement is weaker when compared to a written agreement, especially in proving when a dispute/problem occurs. Based on this, the purpose of writing is to analyze the formation and implementation of unwritten agreements reviewed in civil law. In the discussion of the unwritten agreement, it is a valid agreement in the perspective of civil law as long as it does not conflict with government regulations contained in the civil law law. Unwritten agreements have the advantage of being efficient in the time used to reach mutual agreements and the use of trust in the formation and implementation, while the weakness is that if problems or problems occur in the future, there is no evidence on the basis of what both parties want to defend.
KEDUDUKAN PERJANJIAN PERKAWINAN DALAM KITAB UNDANG-UNDANG HUKUM PERDATA Karman Karman
Cross-border Vol. 3 No. 1 (2020): Cross-border
Publisher : Lembaga Penelitian Dan Pengabdian Masyarakat Institut Agama Islam Sultan Muhammad Syafiuddin Sambas Kalimantan Barat

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Abstract

The position of the marriage agreement which is held in each region in this country is according to the Marriage Law no. 1 of 1974 article 29, which states that a marriage agreement is an agreement that regulates the consequences of a marriage bond. In Indonesia, marriage agreements are allowed to be made and implemented since the enactment of the Civil Code. The marriage agreement in article 29 does not only regulate the issue of property and the consequences of marriage, but also includes the rights/obligations that must be fulfilled by both parties as long as the agreement does not conflict with legal, religious and moral boundaries. The arrangement of the agreement in marriage is explained in Chapter VII articles 139 -154, in this case the important point is that the marriage agreement is valid and binding on the parties/bride in marriage. In this study it was found that the position of the agreement in marriage according to the Civil Code is an agreement made by a prospective husband and wife before the marriage takes place, containing the consequences of marriage on assets that have three types of agreements, namely togetherness of profit and loss, togetherness of results and the elimination of togetherness of property. The marriage agreement is made by a notary and its contents cannot be changed.