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Penolakan Permohonan Perceraian Akibat Perbedaan Identitas dan Perkawinan Dianggap tidak Pernah Ada Serta Akibatnya Terhadap Anak yang Dilahirkan Monica Setiadi; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1064

Divorce applications can be made if they meet the requirements for divorce. In this case, divorce that has met the requirements cannot be carried out, because there is a difference in identity in the marriage book with the Identity Card. The purpose of this study is to provide education on steps that can be taken if there is a mistaken identity in the marriage book to be able to file a divorce and the status and position of children born from the marriage. Because in this case the parties did not take any action assuming that they never entered into marriage. This certainly makes a problem because it will have an impact on the status of the couple, marital property and children born from the marriage. The result of this study is that differences in identity can be changed by the Office of Religious Affairs as stipulated in Article 37 of the Regulation of the Minister of Religious Affairs Number 20 of 2019 concerning Marriage Registration, so there is no need to remarry with their true identity and a divorce application can be submitted. Marital property in the form of joint property can be determined by each party for its share. Children born remain legitimate children because marriages that are presumed to have never existed do not apply retroactively to children born.

Akibat Hukum Pembagian Waris Untuk Anak dari Adanya Perkawinan Kedua atau Perkawinan Poligami Inasa El Syavira; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1459

The second marriage or polygamous marriage can be carried out if the conditions have been met and the relevant parties have obtained permission both in the form of an application to the district court in the area where they live and permission from the first wife from a previously existing marriage. This kind of marriage has been carried out by many Indonesian people with a variety of basic reasons and looking for justification so that it can also be carried out. Children or offspring born legally will receive recognition and are clear in the eyes of the law. Heirs who have legitimate children either from their first marriage, second marriage or polygamous marriage have legal position and strength in claiming and receiving their rights to the inheritance of the heirs who have become inherited property. The Civil Code, Marriage Law No. 16 of 2019 and the Compilation of Islamic Law can be a definite description and reference in the calculation and determination of the heirs of the deceased heir. If the determination and distribution are carried out as well, for children or descendants, of course the right to their share will not be wrong and cheated.

Tanggung Jawab Notaris Terhadap Pelaksana Wasiat Yang Tidak Cakap Untuk Melaksanakan Wasiat Riska Natagina Putri; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1460

This research aims to determine the legal consequences of a will deed, one of the contents of which is the appointment of a will executor who is an incompetent person as regulated in Article 1006 of the Civil Code, as well as to determine the responsibilities of the Notary who makes the will deed and sanctions that can be imposed on a Notary who makes a will deed containing the appointment of an incompetent executor of the will. The research method used in this research is a doctrinal research method, which refers to existing legal materials, such as legal rules, legal principles, statutory regulations, legal doctrine and teachings, legal literature, and legal theories. Based on this research method, the type of research used is explanatory research, which is explanatory in nature and aims to test a hypothesis in order to strengthen the existing research hypothesis. The results of the research show that the legal consequences of a will deed appointing an incompetent executor of the will are that the deed can be null and void or a lawsuit for canceling the will can be filed in court. Apart from that, the Notary who makes it can be held civilly responsible and subject to sanctions according to the Civil Code, the Notary Position Law, and the Notary Code of Ethics.

Analisis Mengenai Pembagian Harta Bersama Pasca Perceraian Terhadap Putusan Nomor 236/Pdt.G/2020/PN Cbi Jasmine Adhisty Fiqannawati; Meliyana Yustikarini
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga (In Press)
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.6627

Joint assets is all of every assets that is obtained during the marriage, but grants and prizes are not included joint property. When the married couple decided to divorce, the joint assets must divided into two equals part. There is an agreement that is known as marriage agreement during the marriage, that the agreement has a purpose to separate the husband’s assets and the wife’s assets, so that all of the assets that was obtained in marriage are not joint assets. The marriage agreement could be made by a Notary, but it has to be registered by a civil register to be valid for third party. It is needed to do the research about how joint property divided after the divorce based on Putusan Nomor 236/Pdt.G/2020/PN and how a Notary holds authority about the marriage agreement. This type of research is doctrinal research with constitutions approach. This research used qualitative method and literature study. The results of this research are joint assets that the marriage was carried out without a marriage agreement has to divided into two parts equally and Notary as public official has authorities not only to make marriage agreement, but also validate that marriage agreement.

Kepastian Hukum Terkait Pembagian Harta Waris Bagi Ahli Waris Perempuan dalam Masyarakat Hukum Adat Batak Toba melalui Surat Keterangan Waris Jessica, Graciella Ratna; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2037

In the provisions of Batak Toba Customary Law, especially Batak Toba Customary Inheritance Law, women are relatively weak legal subjects. As a result of the patrilineal kinship system adopted by the Batak Toba indigenous community, women have limited rights, inversely proportional to men. As subjects who are often considered 'passengers' in a family, women in the Batak Toba indigenous community face direct discriminatory treatment in the eyes of the Batak Toba customary law itself. However, along with the pace of development of the times, gender-based discrimination in various aspects is no longer considered relevant. Referring to Article 17 of Law No. 39 of 1999 concerning Human Rights and the Jurisprudence of the Indonesian Supreme Court No. 179K/Sip/1961, women's inheritance rights are equal to men. Where customary laws that are no longer able to adjust to the development of community life, such as not recognizing the position of women as equal to men, cannot be maintained. Departing from this, women in the Batak Toba indigenous community have a legal protection to be able to defend their rights and position in the eyes of the law to be equal to men. Regarding the issue of inheritance rights, women in the Batak Toba traditional community can take care of making a Certificate of Inheritance.

Inheritance Rights of Children Born in Mixed Marriages Reviewed from the Civil Code and Balinese Customary Law Ni Putu Sayuri Dewi; M. Sofyan Pulungan; Meliyana Yustikarini
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1429

This research is motivated by the existence of several legal systems in Indonesia that exist and develop in its diverse society, so that the inheritance rights of children born in mixed marriages should be obtained by examining not only through civil law in Indonesia, but also through customary law. This research was conducted to analyze how the inheritance rights of children born in mixed marriages are reviewed from the Civil Code and Balinese Customary Law. This paper was compiled using a doctrinal research method. The results of the study show that the inheritance rights in the Civil Code and Balinese Customary Law are both carried out by the testator who gives inheritance to the heirs solely to improve the welfare of the heirs. Although in Civil Law and Balinese Customary Law both want the best for their heirs, there are differences in the implementation of the distribution of the inheritance. This comparison can be seen from the differences in when the distribution of inheritance can be carried out, the differences in the elements of inheritance, the differences in objectives, and the differences in the parts of rights and obligations inherited by the heirs

Analisis Mengenai Pembagian Harta Bersama Pasca Perceraian Terhadap Putusan Nomor 236/Pdt.G/2020/PN Cbi Jasmine Adhisty Fiqannawati; Meliyana Yustikarini
As-Syar i: Jurnal Bimbingan & Konseling Keluarga Vol. 6 No. 3 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i3.5620

Joint assets is all of every assets that is obtained during the marriage, but grants and prizes are not included joint property. When the married couple decided to divorce, the joint assets must divided into two equals part. There is an agreement that is known as marriage agreement during the marriage, that the agreement has a purpose to separate the husband’s assets and the wife’s assets, so that all of the assets that was obtained in marriage are not joint assets. The marriage agreement could be made by a Notary, but it has to be registered by a civil register to be valid for third party. It is needed to do the research about how joint property divided after the divorce based on Putusan Nomor 236/Pdt.G/2020/PN and how a Notary holds authority about the marriage agreement. This type of research is doctrinal research with constitutions approach. This research used qualitative method and literature study. The results of this research are joint assets that the marriage was carried out without a marriage agreement has to divided into two parts equally and Notary as public official has authorities not only to make marriage agreement, but also validate that marriage agreement.

Kepastian Hukum Terkait Pembagian Harta Waris Bagi Ahli Waris Perempuan dalam Masyarakat Hukum Adat Batak Toba melalui Surat Keterangan Waris Jessica, Graciella Ratna; Meliyana Yustikarini
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2037

In the provisions of Batak Toba Customary Law, especially Batak Toba Customary Inheritance Law, women are relatively weak legal subjects. As a result of the patrilineal kinship system adopted by the Batak Toba indigenous community, women have limited rights, inversely proportional to men. As subjects who are often considered 'passengers' in a family, women in the Batak Toba indigenous community face direct discriminatory treatment in the eyes of the Batak Toba customary law itself. However, along with the pace of development of the times, gender-based discrimination in various aspects is no longer considered relevant. Referring to Article 17 of Law No. 39 of 1999 concerning Human Rights and the Jurisprudence of the Indonesian Supreme Court No. 179K/Sip/1961, women's inheritance rights are equal to men. Where customary laws that are no longer able to adjust to the development of community life, such as not recognizing the position of women as equal to men, cannot be maintained. Departing from this, women in the Batak Toba indigenous community have a legal protection to be able to defend their rights and position in the eyes of the law to be equal to men. Regarding the issue of inheritance rights, women in the Batak Toba traditional community can take care of making a Certificate of Inheritance.

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