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All Journal Jurnal Notariil Jurnal Hukum Prasada
Putu Eka Trisna Dewi
Master of Law, Postgraduate Program, Universitas Ngurah Rai
Law, Crime, Criminology & Criminal Justice

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Legal Consequences of Bankruptcy on Joint Assets after Divorce Putu Eka Trisna Dewi
Jurnal Hukum Prasada Vol. 10 No. 1 (2023): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.10.1.2022.43-48

Abstract

Marriage is a legal event that makes a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the one and only God. However, not all marriages go as expected which leads to divorce. Marriage creates a union of assets called joint property. In the process of marriage, there are often a number of debts that the husband and wife cannot afford to pay because their joint assets are insufficient to pay these debts. The inability of a husband and wife to pay debts to creditors can be declared bankrupt based on a court decision. This will lead to a problem for joint assets when bankruptcy occurs after a divorce. This study aims to examine the legal consequences of bankruptcy on joint assets after divorce. The type of research is normative legal research. This legal research method is related to the principles and norms of bankruptcy law in Indonesia, in that, legal research is a process to find legal rules to answer the legal issues being faced. The types of approaches used are the statute approach, conceptual approach and legal facts approach. The results of this study showed that in Article 23 of the Bankruptcy Law, it is explained that if a person is declared bankrupt, those who participate in bankruptcy include the wife or husband with the status that the wife/husband after marriage is related to the union of assets. The legal consequences of the bankruptcy of joint assets that have not been divided after the divorce refer to the provisions for the distribution of joint assets in the marriage law and the Civil Code.
THE ROLE OF CYBER NOTARY IN THE FIELD OF DIGITAL INTERNATIONAL TRADE IN INDONESIA Ridwan Sidharta; Putu Eka Trisna Dewi
NOTARIIL Jurnal Kenotariatan Vol. 8 No. 1 (2023)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.8.1.2023.1-7

Abstract

In Indonesia, a notary refers to a public official appointed by the Government to perform some of the Government’s functions in the field of civil law. In the context of Cyber ​​Notary, the task of a public notary official is more to execute administrative processes combined with security technology by affixing a stamp/seal to a document/agreement file as a form of administration or registration of documents. This research is normative legal research. In this study, the legal materials which had been collected were analyzed in several stages, such as description, systematization and explanation. Philosophical nature of cyber notary in providing legal services to the community is based on the fundamentality of the theory of legal certainty which brings justice and legal certainty to the community into reality, especially through deeds made. The concept of cyber notary is to support Indonesia in the field of international trade based on UNCITRAL. Implementation of the UNCITRAL Model Law on Electronic Commerce in the application of electronic signatures in Indonesia has admittedly been regulated, such as in Article 11 paragraph 1 of the Electronic Information and Transaction Law and Article 59 paragraph 3 of Government Regulation No. 71 of 2019.
Co-Authors Ridwan Sidharta