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All Journal Jurnal Daulat Hukum Kultura: Jurnal Ilmu Sosial dan Humaniora
Tyur Reggina Dewanti
Universitas Pembangunan Nasional “Veteran” Jakarta
Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Wanprestasi Terhadap Perjanjian Jual Beli Tanah Secara Lisan: (Studi Kasus Pada Perkara Nomor 40/Pdt.G/2019/PN Kdi) Adinda Aristias; Hanifah Fairuz Wibowo; Nasywa Awalia Putri; Tyur Reggina Dewanti; Syaiful Malik; Dwi Aryanti Ramadhani
Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 1 No. 2 (2023): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora
Publisher : Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.572349/kultura.v1i2.266

Abstract

Humans are social creatures, so they need help from other people in carrying out their lives. In establishing a legal relationship with another human being, a binding agreement is required as regulated in the Civil Code Book III concerning engagement. The agreement can be made in writing or verbally and contains a clause to carry out an achievement. However, the agreement also does not guarantee that no default will occur, as in case number 40/Pdt.G/2019/PN Kdi related to default that occurred in an oral agreement. This research aims to determine the validity of oral land sale and purchase agreements and evidence in resolving defaults on oral agreements in case Number 40/Pdt.G/2019/PN Kdi. This research method is normative law which is descriptive analysis by examining theories, concepts, principles and legal rules contained in books, journals, websites, statutory regulations, court decisions, legal theories and opinions from experts. Oral agreements can be used and are legally valid with the principle of freedom of contract and when Article 1320 of the Civil Code has been fulfilled. Then, the case of breach of verbal agreement in case Number 40/Pdt.G/2019/PN Kdi was resolved with evidence which included evidence and witness statements which were taken into consideration by the judge in deciding the case.
Legal Status of Joint Property that Remains Subject to Security Interests After Divorce Tyur Reggina Dewanti; Taupiqqurrahman Taupiqqurrahman
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49036

Abstract

Marriage not only creates legal bonds between husband and wife, but also has legal consequences for property, in this case joint property. In practice, joint property is often used as collateral to obtain credit from financial institutions. When a divorce occurs while the property is still pledged to a third party, legal issues arise regarding the status of joint property and responsibility for debt repayment after divorce. This study aims to determine the legal status of joint property that is still used as collateral after divorce and the responsibility for debt repayment on the collateral. The researcher applied and utilized a normative juridical method with an approach that focused on legislation and was supported by interviews with the Junior Clerk of the East Jakarta Religious Court as supporting data in the study. The results of the study show that the legal status of joint property that is still collateralized remains as joint property after divorce, but the distribution cannot be carried out before the obligations to third parties are settled because it is still bound by collateral rights. This is because collateral has the characteristics of droit de suite and the provisions of SEMA 2018. The responsibility for paying off debts is a joint obligation of the former husband and wife. If there is a refusal or even inability to pay, the settlement is carried out through an auction by the creditor, while the remaining proceeds from the auction after the debt has been paid off become part of the joint property, which will then be distributed in accordance with applicable legal provisions.
Co-Authors Adinda Aristias Hanifah Fairuz Wibowo Nasywa Awalia Putri Ramadhani, Dwi Aryanti Syaiful Malik Taupiqqurrahman Taupiqqurrahman