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All Journal DE JURE Yustisia Arena Hukum Tadulako Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Lex Librum: Jurnal Ilmu Hukum Jambura Law Review Jurnal Hukum Volkgeist Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Alauddin Law Development Journal (ALDEV) Amsir Law Jurnal (ALJ) International Journal of Science and Society (IJSOC) SENTRI: Jurnal Riset Ilmiah JIPM: Jurnal Indragiri Penelitian Multidisiplin Journal of Law and Legal Reform Lex Librum : Jurnal Ilmu Hukum Indonesian Journal of Criminal Law Studies
Nurul Miqat
Faculty Of Law, Tadulako University, Palu, Indonesia.
Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Medicine & Pharmacology Social Sciences

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Journal : Yustisia

 1 
THE RIGHTS OF LAND IN MARRIAGE AGREEMENT ACCORDING TO THE CONSTITUTIONAL COURT DECISION NUMBER 69 / PUU-XIII 2015 BASED ON THE CUSTOMARY LAW PERSPECTIVE Nurul Miqat; Farida Patittingi
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.17532

Abstract

The definition of marriage is provided in Article 1 that: "Marriage is a mental bond between a man and a woman as husband and wife with the aim of forming a happy, eternal, (family) family based on the One Supreme God." The meaning of marriage under the law, Law Number 1 Of 1974 is a marriage has a very close relationship with religion, spirituality, so that marriage not only has the element of birth / body, but the element of spirit / rokhani also has a very important role. The legal consequence of a marriage is the position of a woman who becomes a wife and a man becomes a husband, hence the rights and obligations assumed by both after the legal act of marriage. For those who marry most do not think about the effects of marriage, on their wealth, some of them only think that the consequences of marriage are only the union of two families, and the continuity of their marriage in order to be eternal and happy. Marital Laws Article 35 to Article 37 regulate about the field of marriage property for husbands and wives, Affirmation of Article 35 states that marriage property becomes a common property. While the property of each luggage as a gift or inheritance, is under the control of each. Unless otherwise specified in order to serve as joint property, for this other determination the husband and wife are allowed to make "marriage agreement", this marriage agreement contains about marriage property. Likewise to the perpetrators of miscenegations. Indonesian citizens who marry foreign citizens, not knowing that there are legal consequences of such miscenegations, there is a right to be lost as a result of miscenegation. The rights in question relate to the marriage agreement, which if the perpetrator of a miscenegation does not enter into a marriage agreement will impact on land rights , and it is also known  under costumary law.
TheValidity of Marriage Agreement Regarding Properties in Unregistered Marriages Nurul Miqat; Muhammad Ikbal; Adfiyanti Fadjar; Ratu Ratna Korompol; Handar Subhandi Bakhtiar; Adiesty S.P. Syamsuddin
Yustisia Vol 10, No 2: August 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i2.48751

Abstract

The purpose of this study is to analyze the married couples engaged in an unregistered marriage and the position of the marriage agreement regarding the property as well as the concept of equal treatment of couples before and after isbat based on the theory of equality. This is important due to the legal gap observed in the norms, especially in relation to the unregistered legal marriages, despite the recognition of religious and registered marriages in Indonesian laws. This is legal research conducted using a conceptual and regulatory approach and the results defined an unregistered marriage as a legal marriage which fulfills the requirements determined by religion. Therefore, the failure to register a marriage does not invalidate its legality but there is a need for the record to be available with the state charged with such responsibility. Moreover, the agreements made concerning properties in unregistered marriages are valid as long as the parties conducted the process voluntarily and fulfill all the elements required. These agreements can also be recognized through the submission of isbat (marriage authorization) which recognizes and stipulates all activities conducted in the marriage before the isbat
Co-Authors Adfiyanti Fadjar Adiesty S.P. Syamsuddin Adiguna Kharismawan Agus Slamet Ahmad Aswar Roa Andi Bustamin Daeng Kunu Andi Intan Purnamasari Binti Abdul Jabar, Nurul Asyikeen Bustamin Daeng Kunu Crystalia, Mega Darmawati Darmawati Datupalinge, Suarlan Handar Subhandi Bakhtiar Hassan, Abidemi I Made Artana Ibrahim, Kayode Muhammad Ibrahim, Kayode Muhammed Intan Purnamasari Izu, Cynthia C. JUBAIR, JUBAIR Kayode Muhammed Ibrahim Kunthi Tridewiyanti M. Hatta Roma Tampubolon Mahmuda, Dewi Manga Patila Mira Nila Kusuma Dewi Mira Nila Kusuma Dewi Mohammad Ikbal Borman Mubarak, Ayyub Muhammad Ikbal Mustawa, Mustawa Nurhayati Mardin Nurhayati Sutan Nokoe Nurul Asyikeen Binti Abdul Jabar Patittingi, Farida Rafika Nur Ratu Ratna Korompot Razaq, Abdu Ridwan, Ashar Rudini Hasyim Rado Safrin Salam Sahlan Sulilawati, Susi Sunardi Purwanda SUSILAWATI, SUSI Susilawati, Susi Susilawati Syamsuddin Baco Syamsuddin, Adiesty Septhiany Prihatiningsih Tomi Apra Santosa Virgayani Fattah