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All Journal Concept: Journal of Social Humanities and Education Jurnal Pendidikan dan Ilmu Sosial Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora
Indratirini Indratirini
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Arts Humanities Astronomy Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Urgensi Perjanjian Perkawin dalam Upaya Suami atau Istri Tidak Terpenuhinya Kewajiban Atas Harta Bersama Nabila Eka Pratama Putri Nurhidayat; Indratirini Indratirini
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i2.813

Abstract

The legal consequence of a marriage is that the wife's property becomes the husband's property, and vice versa, this is the beginning of what is called joint property. However, there are efforts to separate inherited assets between the husband's assets and the wife's assets. The Marriage Agreement between Mr. PAT and Mrs. P is about the husband's obligations and the wife's rights, such as when the marriage takes place, objects that are not in the husband's name become the property of the wife. The formulation of the problem that arises is whether the legal recourse if joint property objects which cannot be proven to be owned in the husband's name will become the property of the wife and what legal remedies can be taken if one party does not carry out its obligations in accordance with the contents of the agreement. The research method used is normative law by examining statutory regulations and the articles in the marriage agreement between Mr. PAT and Mrs. P which contain legal issues regarding joint property. The results of the research show that there are no regulations which stipulate that joint objects which cannot be proven to be in the name of the husband may not belong to the wife or his heirs, the Marriage Agreement is a halal cause and does not conflict with anything. The legal remedy if there is a violation of the marriage agreement is a lawsuit for breach of contract or you can file a lawsuit for divorce/talak in the District Court according to the contents of the marriage agreement.
Implementasi Perjanjian Pekawinan Setelah Putusan Mahkamah Kontitusi Nomor 69/PUU-XIII/2015 di Dinas Kependudukan dan Pencatatan Sipil Kota Surabaya Wuri Handayani; Indratirini Indratirini
Concept: Journal of Social Humanities and Education Vol. 3 No. 1 (2024): Maret: Concept: Journal of Social Humanities and Education
Publisher : Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/concept.v3i1.1064

Abstract

Marriage is something sacred and noble, marriage must be based on mutual trust and love between the two and carry out the rights and obligations as it should. In principle, this marriage agreement is the source of various forms of property in a marriage. The marriage agreement is made before the marriage takes place with the aim to make a deviation from the unity of the property unanimously between husband and wife provided that it does not conflict with the moral code. A marriage agreement is an agreement made by two prospective husband and wife before their marriage takes place, to regulate the consequences of a marriage involving wealth or outside it. The implementation of the marriage agreement after the Constitutional Court Decision Number 69 / PUU-XIII / 2015 at the Surabaya City Population and Civil Registry Service examines the procedural procedures before and after the decision and concerning the analysis of the implementation in the field relating to legislation and looking at the number of registrants in terms of This implication of the Constitutional Court Decision Number 69 / PUU-XIII / 2015 covers various matters both in the field or for related parties. Regarding the ratification of the marriage agreement it should still be carried out by the Registrar of Marriage even though the marriage agreement was made with a notarial deed so that no other party outside of the husband and wife is harmed later on.
Kedudukan Notaris sebagai Mediator dalam Penyelesaian Sengketa Kenotariatan Hedy Faizal; Indratirini Indratirini
JURNAL PENDIDIKAN DAN ILMU SOSIAL (JUPENDIS) Vol. 2 No. 2 (2024): APRIL : JURNAL PENDIDIKAN DAN ILMU SOSIAL
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jupendis.v2i2.1659

Abstract

The position of a notary has experienced development and evolution along with changes in society, technology and the legal system. Notaries have taken a more significant role in digital transactions and documents. Notaries can play a role in dispute resolution as mediators or intermediaries in several situations. This is possible in situations where the parties involved in the dispute agree to find a solution together under the guidance of a notary. Notaries can act as mediators in the mediation process. Mediation is a process that involves the disputing parties meeting with a neutral notary, who helps them communicate, negotiate, and find a solution together. The aim of this research is to explain the position of notaries as mediators in resolving notarial disputes. The approach used in this research is a juridical-empirical approach. The results of this research are the position of the notary as a mediator in resolving notarial disputes where the role of the mediator acts as a neutral facilitator in resolving disputes between the parties involved in notarial matters. The notary who acts as a mediator must remain neutral and not take sides with either party in the dispute. They should have no personal or professional interest in the outcome of the dispute. The notary as a mediator will adopt a mediation approach which usually involves a communicative and collaborative approach. They will strive to create an environment that allows parties to talk, listen, and reach mutual agreements.
Kewenangan dan Peranan Notaris dalam Pembuatan Akta Pendirian Perusahaan Deka Indra Putra Utama; Indratirini Indratirini
JURNAL PENDIDIKAN DAN ILMU SOSIAL (JUPENDIS) Vol. 2 No. 2 (2024): APRIL : JURNAL PENDIDIKAN DAN ILMU SOSIAL
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54066/jupendis.v2i2.1660

Abstract

Notaries play a key role in passing legal documents needed to establish a company. This includes the deed of establishment of the company, changes in the articles of association, and changes in other company structures. Deed of establishment of the company is a basic document that established a company. This deed contains information about company names, company goals, addresses, basic capital, management, and other related matters. The notary will pass this deed. This document regulates the rules and internal structures of the company, including the rights and obligations of shareholders, management rights, and other regulations. Nevertheless, there are some authority and role of the notary that must be carried out in making the company's establishment deed. The objectives in this study are to explain the authority and role of the notary in making a deed of establishment of the company. The approach used in this study is a juridical-empirical approach. The results in this study are the authority and role of the notary in making a deed of establishment of companies in Indonesia is very important and regulated by clear legal regulations. This is regulated by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. Notaries have the authority to compile a deed of establishment of the company. This deed of establishment contains information about the company to be established, including company names, company goals, basic capital, management composition, and other matters relating to company establishment. The notary conducts an inspection to ensure that the company's establishment deed meets the legal requirements in force in Indonesia.
Co-Authors Deka Indra Putra Utama Hedy Faizal Nabila Eka Pratama Putri Nurhidayat Wuri Handayani