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URGENSI DAN FUNGSI PERJANJIAN PERKAWINAN Eman Sulaiman
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 7 No. 2 (2021): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

Marriage agreement is an agreement regarding the property of husband and wife during their marriage which deviates from the principle or pattern established by law. With the marriage agreement, the married life of a married couple will be safe and peaceful. Because, there is no need to worry about the tendency of one party to monopolize or control property in their marital relationship. With a marriage agreement, it will also be easy for them to separate which ones are gono-gini assets and which really become the private property of each partner. The marriage agreement does not only function after the end of the husband-wife marriage period. However, it also serves to provide direction to married couples to heed the agreements they made when they were about to get married, such as an agreement not to commit domestic violence, giving the wife the freedom to continue her education, or the opportunity to take care of the children. Thus, the marriage agreement does not need to be considered taboo because it has multiple functions that will secure their marital or household relationship.
KEPASTIAN HUKUM DAN PERLINDUNGAN HUKUM KEPEMILIKAN HAK ATAS TANAH Eman Sulaiman
Ash-Shahabah : Jurnal Pendidikan dan Studi Islam Vol. 8 No. 1 (2022): Ash-Shahabah: Jurnal Pendidikan dan Studi Islam
Publisher : Fakultas Agama Islam Universitas Islam Makassar (UIM)

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Abstract

This article describes legal certainty and legal protection of land rights ownership with a formal juridical approach. From the results of the study, it is understood that the concept of ownership of land rights is a hereditary right, the strongest and fulfilled compared to other land rights. Ownership rights to land can only be owned by a single Indonesian citizen, and certain legal entities are regulated in Government Regulation Number 38 of 1963. Legal certainty regarding land rights to provide certainty regarding the object of land rights, certainty regarding the subject of land rights and certainty regarding the status of land rights. Legal conception, land rights certificates are evidence issued by authorized legal institutions (BPN), which contain juridical data and physical data used as evidence of land rights ownership with the aim of providing legal certainty and certainty of rights to a plot of land. owned or owned by a person or legal entity. With the certificate of rights, it is expected that juridically it can provide legal certainty and rights by the state for holders of land rights. This state guarantee is given to the owner or certificate holder because the land is already registered in the state land administration system.