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Ana Silviana
Diponegoro University
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Akibat Hukum Perjanjian Perkawinan yang Bertujuan sebagai Sarana Perlindungan Pihak dalam Perkawinan Nur Afni Zubaidah; Ana Silviana
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 1 (2023): Februari
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i1.3072

Abstract

Marriage agreement can be used as an agreement between a husband and wife to enter the household ark, to avoid household failures because marriage does not always go according to what is dreamed of in the sense of a sakinah, mawaddah, and warrahmah family. Marriage as a legal act which is an act that contains rights and obligations for the individuals who do it. A man and a woman after marriage will have legal consequences, namely regarding the legal relationship between husband and wife and marital property and their income. In Article 1 of UU No. 1 of 1974 concerning Marriage, it is stated that marriage is an inner relationship between husband and wife which aims to form a happy family and maintain it based on their beliefs. Undang-Undang Perkawinan explains in more detail related to marriage compared to the Undang-Undang Hukum Perdata. UU No. 1 of 1974 has the view that religion has an important role in marriage, while the Undang-Undang Hukum Perdata does not discuss religion in marriage. The type of method used is qualitative research methods in descriptive analysis methods. The approach used for solving existing problems is juridical-normative. The legal consequence of marriage is the creation of property that appears at the time of marriage, where the property comes from joint property and personal property brought at the time of the marriage. So that if there is a divorce, the assets are divided according to the marriage agreement that has been agreed by both parties. The marriage agreement made by a married couple is valid starting from the moment that marriage takes place, by recording an authentic deed made before a notary and a marriage certificate recorded by a marriage registration firm. By the presence of agreement there will be legal force which guarantees legal certainty.
Kepastian Hukum terhadap Objek Jual Beli Tanah yang Dimasukkan dalam Harta Boedel Pailit oleh Kurator Olivia Gunawan Putri; Ana Silviana
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3227

Abstract

The land sale and purchase agreement is not allowed to be carried out by parties who have existing rules. The application of the balance axis in the land sale and purchase agreement has been stated in the Civil Code (KUHPerdata) in article 1320 paragraph (1). The article wants a balance in a relationship that has been formed by the parties, both the seller and the buyer. At this time there are various new problems that arise, both in terms of the agreement and in terms of the object (land) of the land sale and purchase agreement. As for one of the problems that are often encountered, a land sale and purchase agreement is found, in which case the land as the object of sale and purchase is not entirely voting rights or is not under the control of the seller. The object (land sale and purchase) has been designated as the bankruptcy estate by the curator who has the authority. This research method is a type of library research using a juridical-normative approach. In this study, based on the title and problem formulation, the researchers used descriptive qualitative research analysis. The results of this study that the sale and purchase of land on objects declared as boedel bankrupt assets has the legal consequence of canceling the sale and purchase agreement, where it does not meet Article 1474, Article 1320, and Article 1330 paragraph (1) of the Civil Code regarding the conditions for the sale and purchase agreement. Legal certainty related to this is the existence of compensation from the seller/bankrupt party to the buyer in accordance with Article 1471 and Article 1243 of the Civil Code. In Article 36 of Law 37 of 2004 concerning bankruptcy and PKPU wherein the object of sale and purchase which is the property of the bankrupt boedel the buyer can be declared a concurrent creditor for this matter from the bankrupt which must also be fulfilled the words of the sale and purchase agreement.
Penyelesaian Sengketa Hak Milik Terkait Penguasaan Tanah Bangunan Studi Kasus Putusan Pengadilan Semarang Dina Jessica; Ana Silviana
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3451

Abstract

The object of this article is decision No. 414/Pdt/2020/PT SMG which decides the dispute over land ownership rights caused by still being controlled and owned by other parties. This study aims to determine the judge's considerations in deciding and stating the decision on disputes over rights to building land objects that have been purchased but cannot be controlled and owned, as well as legal consequences after the decision on disputes over rights to building land objects that have been purchased but cannot be controlled and owned. determined by the judge. This research method uses a normative juridical approach because it examines legal aspects and legal rules with library materials, namely books, accredited journals, laws and regulations, Civil Codes, and Theses. The research specification uses descriptive analysis law, with a case approach. The results showed that there was a problem in the process of buying and selling land by the Defendant/Appellant and the Comparator, even though the buying and selling process was by the Deed of Sale and Purchase number 607/Kaliwungu/2006. The control of land by the Defendant/Appellate in the case of the dispute over land ownership rights, decision number 414/Pdt/2020/PT SMG is invalid and null and void. Besides that, the legal consequence is that the Defendant/Appellate vacate and submit the object of a dispute to the Plaintiff and if necessary with State Security Equipment.
Co-Authors Dina Jessica Nur Afni Zubaidah Olivia Gunawan Putri