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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Educational Research Excellence (IJERE) LEGALITAS : Jurnal Ilmiah Ilmu Hukum
Dina Paramitha Hefni Putri
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Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

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Customary Marriage Registration in Realizing Legal Certainty in Indonesia Dina Paramitha Hefni Putri; Ekawati; Gusti Heliana Safitri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the legal issues arising from the unregistered customary marriage, a fundamental issue in the balance between local wisdom and state regulations. On the one hand, customary marriage is an institution that contains socio-cultural values ​​and community identity that have long existed, while on the other hand the informality of the marriage registration raises various legal issues, including unclear legal status, protection of inheritance rights, and access to socio-bureaucratic facilities. The absence of official registration triggers a conflict between positive legal norms and religious and customary values ​​that are still upheld, thus creating a gap in the enforcement of rights and obligations at the local and national levels. In addition, the phenomenon of marriage without official registration also has an impact on vulnerable groups, such as adolescents, who are at risk of experiencing abuse of rights and minimal legal protection. The research method used is normative legal research with a literature approach, considering that the data processed are in the form of laws and regulations and scientific literature. The results of the study indicate that the integration of customary law and positive law through the active role of institutions such as the Office of Religious Affairs and the Population and Civil Registration Service is a strategic step to synergize the two systems, so that it can provide comprehensive legal certainty for the recognition of rights, clarity of marital status, protection of inheritance, and guarantee of access to administrative facilities. Inclusive legal reform and increasing socialization and human resource competence are the keys to reconciling local traditions with modern legal requirements in order to realize social justice and protection of citizen rights).
Legal Aspects of The Agreement to Purchase a House Owned by a Bankrupt Debtor Khairunnisah; Gusti Heliana Safitri; Dina Paramitha Hefni Putri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the philosophical and legal basis of the sale and purchase agreement of bankrupt objects involving the assets of the debtor who has been declared bankrupt. The transaction is not merely an economic exchange, but must also integrate ethical values ​​of muamalah, such as good faith (husn al-niyyah), distributive justice, and transparency of information in order to minimize the level of uncertainty (gharar) inherent in bankrupt assets Faustina & Hoesin (2022). From an Islamic perspective, the basic sharia principles that guide the validity of the sale and purchase agreement are an important foundation so that the rights of buyers with good faith are maintained and protection of creditor interests is still accommodated through mechanisms such as actio pauliana (Haryanto & Calvin, 2021). Furthermore, this study highlights the problems that arise in legal practice, such as the validity of the sale and purchase agreement (PPJB) that has not been formally certified, which has the potential to complicate legal certainty for buyers and threaten the balance between private and public interests (Amini & Wardani, 2023). By applying a normative legal methodology that relies on secondary data from legal literature and court decisions, this study formulates a transaction mechanism that not only ensures fairness and transparency, but also strengthens the integrity of the legal and economic systems in bankruptcy situations. On the other hand, the integration of ethical values ​​​​and principles of justice is expected to create harmonious cooperation between bankrupt actors, creditors, and good-faith buyers, thereby creating sustainable legal stability and certainty.
Co-Authors ekawati Gusti Heliana Safitri Khairunnisah