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All Journal International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) Jurnal Hukum dan Sosial Politik International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities International Journal of Law and Society International Journal of Sociology and Law International Journal of Humanities and Social Sciences Reviews International Journal of Social Science and Humanity International Journal of Social Welfare and Family Law
Markus Gunawan
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Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL ANALYSIS OF LATE MARRIAGE REGISTRATION APPROVAL AT TANJUNGPINANG DISTRICT COURT (Case Study of Decision 24/Pdt.P/2023/PN Tpg) Irma Prawita Saragih; Lily Washliati; Markus Gunawan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 9 (2025): AUGUST
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i9.1141

Abstract

Marriage is a legal act that has legal consequences for both husband and wife and for the status of children. Marriage registration, as regulated in Law Number 1 of 1974 concerning Marriage in conjunction with Law Number 16 of 2019 and Law Number 23 of 2006 concerning Population Administration in conjunction with Law Number 24 of 2013, is crucial to ensure legal certainty and protection. However, in practice, some marriages are not promptly registered, leading to legal issues, one of which is the case of late marriage registration validation, as decided in Decision Number 24/Pdt.P/2023/PN Tpg at the Tanjungpinang District Court. The purpose of this study is to determine and analyze the judge's legal considerations in granting requests for late marriage registration validation, examine the legal consequences of these decisions on marital status and the status of children, and identify obstacles and solutions to implementing late marriage registration validation. This study employed a normative-empirical legal research method with statutory, case-based, conceptual, and sociological-empirical approaches. Data were obtained from legislation, doctrine, court decisions, and interviews, then analyzed qualitatively to assess the consistency of the application of legal norms in judicial practice. The results show that the Panel of Judges, in Decision Number 24/Pdt.P/2023/PN Tpg, granted the applicant's petition, considering the fulfillment of formal and material requirements according to civil procedural law, and for the sake of legal certainty. The decision affirmed that a valid marriage according to religion can still obtain formal legality through late registration with court permission. In conclusion, the validation of late marriage registration provides legal protection for the legal status of husband, wife, and children. The author recommends that the public be more disciplined in registering marriages from the outset, and that the government improve public awareness and marriage administration services to prevent similar cases in the future.
LEGAL ANALYSIS OF THE CONSEQUENCES OF CANCELLATION OF LAND SALES DUE TO LEGAL DEFECTS FROM THE PERSPECTIVE OF PROTECTION OF THE RIGHTS OF THE PARTIES (RESEARCH STUDY AT THE NATIONAL LAND AGENCY OF BATAM CITY) Farhan Juliando Jaswat; Erniyanti; Markus Gunawan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 9 (2025): AUGUST
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i9.1143

Abstract

Land sale and purchase transactions are a form of agreement that plays an important role in the Indonesian agrarian legal system and requires legal certainty and protection for the parties involved. However, in practice, there are still many cases of land sale and purchase cancellations due to legal defects, such as document forgery, overlapping ownership, legal subject invalidity, or procedural violations. These legal defects not only harm the buyer and seller, but also give rise to liability for the notary as the maker of the authentic deed. This study aims to analyze the legal regulations, implementation, obstacles, and solutions related to the cancellation of land sales due to legal defects from the perspective of protecting the rights of the parties in notarial deeds. This study uses a normative juridical and empirical juridical approach. Data was obtained through a literature study of laws and regulations as well as field studies through interviews with notaries, land officials, and parties who had been involved in the cancellation of land sales in Batam City. The research was analyzed using positive law theory (John Austin), legal system theory (Lawrence M. Friedman), and legal certainty theory (Sudikno Mertokusumo). The results of the study show that although legal regulations are available in theory, the implementation of legal protection for the parties still faces serious challenges, especially in terms of the verification of document validity by notaries, the weak land administration system, and the lack of inter-agency integration. It is recommended that the government strengthen the digitization and supervision systems for notarial and land practices, as well as improve the legal literacy of the community in conducting land transactions so that legal protection can be guaranteed in a fair and proportional manner.
Co-Authors Ali Amran Erniyanti Erniyanti Farhan Juliando Jaswat Irma Prawita Saragih Irman Pasaribu Laily Wahliati Lily Washliati M. Soerya Respationo Natasya Ferena Novalina Estetika Sinaga Sisilia Sisilia Sitti Isramira Pratiwi Soerya Respationo