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All Journal JURNAL ILMIAH GLOBAL EDUCATION Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) AKADEMIK: Jurnal Mahasiswa Humanis Journal of Social And Economics Research Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Jurnal Cendekia Ilmiah Custodia: Journal of Legal, Political, and Humanistic Inquiry Corpus Juris : Jurnal Ilmu Hukum
Felicitas Sri Marniati
Universitas Jayabaya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Public Health Social Sciences Other

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LEGAL CERTAINTY OF LAND SALE AND PURCHASE AGREEMENTS REGARDING BREACH OF PERFORMANCE IN THE FAILURE TO DELIVERY THE OBJECT OF THE AGREEMENT BY THE SELLER Wira Franciska; Cindyretta Shanty; Felicitas Sri Marniati
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Discussion on the legal certainty of the land sale and purchase agreement related to the default of the object of the agreement by the seller. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources . The results of the study show that the legal certainty of the PPJB related to the non-delivery of the object of the agreement by the seller lies in the guarantee that the buyer's rights that have been born based on the PPJB can be maintained and realized through legal mechanisms. The seller cannot unilaterally deny the agreed obligations because a valid PPJB has binding force as a law for the parties. PPJB provides legal certainty not solely because of the existence of an agreement document, but because the law provides a guarantee for the implementation of the contents of the agreement and provides clear consequences in the event of default.
Perlindungan Hukum Anak Luar Kawin yang Mendapat Wasiat Terkait Sengketa dengan Anak Sah Menurut Hukum Perdata Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6732

Abstract

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.
Perlindungan Hukum Anak dalam Perwalian Terkait Peralihan Harta Peninggalan Orang Tua Kepada Wali Menurut Hukum Perdata Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6826

Abstract

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.
Perlindungan Hukum terhadap Ahli Waris Terkait Sertipikat Hak Milik Pihak Lain Diatas Lahan Tanah Warisan Kusmianti Indah Sari; Felicitas Sri Marniati; Sirajuddin Sailellah
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6855

Abstract

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.
Co-Authors Abdul Aziz Adam Ramadani Alwi Bin Syeh Abubakar Amelia Nur Widyanti Amirsyah Amirsyah Anriz Nazarudin Halim Basuki Basuki Cindyretta Shanty Dahlia Dahlia Dhody Ananta Rivandi Widjadjasatmadja Dhoni Martien Diah Prastiwi Andayani Dian Rizki Novita Sinaga Iran Sahril Irhamsah Irhamsah Iwan Kurniawan Khalimi Khalimi Khoirul Anwar Kusmianti Indah Sari M Slamet Turhamun M. Slamet Turhamun Mas Erwin Candra Amisena Mufidatul Ahada Muhamad Gilang Ramadhan Mandala Muhammad Dedi Sukma Murniati Ewanan Namira Nur Azzahra Nuryati Lestari Oki Hermawan Ramlani Lina Sinaulan Rohendi Rohendi Sirajuddin Sailellah Tia Mandasari Vatimah Fury Angelia Wira Franciska Yuhelson Yuhelson