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All Journal JURNAL LITIGASI (e-Journal) International Journal of Educational Research and Social Sciences (IJERSC)
Sri Ciptorukmi, Anjar
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Certainty Of Waarmerking In Notarized Sale And Purchase Agreements: A Case Analysis Of Civil Proceedings (Case Research: District Court Decision No. 354/PDT.G/2019/PN.SDA) Ayu Tika Sari, Lavrida; Taruno Muryanto, Yudho; Sri Ciptorukmi, Anjar
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.789

Abstract

The purpose of this research is to determine The Legal Certainty of Waarmerking in Notarized Sale and Purchase Agreements: A Case Analysis of Civil Proceedings (Case research: District Court Decision No. 354/Pdt.G/2019/PN.Sda). The research employed in this research is normative research, drawing from literature studies. Data collection techniques involve an extensive literature review. The outcomes indicate that a waarmerking agreement possesses robust legal evidentiary authority in civil cases, contingent upon the parties acknowledging the signatures within the agreement. This is attributed to the fact that the function of waarmerking deeds under the hand primarily ensures the accuracy of the date in the registration of deeds under the hand in a dedicated book within the notary office. In the Sidoarjo court decision, the waarmerking of the binding agreement of sale and purchase, once waarmerked, is deemed valid and binding for both parties by the judge. However, it is noteworthy that the binding agreement of sale and purchase, serving as the foundation for the lawsuit, fails to meet the essential criteria for a valid agreement concerning the specification of "a certain thing." The subject matter pledged in the agreement has undergone a transfer of ownership to a different entity. Consequently, the binding agreement of sale and purchase in the Sidoarjo Court's civil cases lacks legal evidentiary force, as it is deemed to fall short of meeting the essential requisites of the agreement. This situation introduces legal uncertainty for other parties currently exercising control over the land and building.
CHILDREN’S RIGHTS IN THE CROSSFIRE: EXAMINING INDONESIA'S DIVORCE LEGAL CULTURE Sri Ciptorukmi, Anjar; Safira Rahma, Adalia
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.18009

Abstract

The divorce rate in Indonesia has shown a significant annual increase, rising from 20.24% in 2018 to 29.39% in 2023, with an average growth of approximately 2% per year. This study examines the legal culture surrounding divorce in Indonesian courts and explores the potential for law to transform societal attitudes and practices. Using a qualitative descriptive approach, the research relies on secondary data, including court decisions, prior studies, and relevant legislation, analyzed through interactive methods. The findings reveal five key aspects of Indonesian legal culture related to divorce: (1) most divorce filings are initiated by wives; (2) divorces frequently occur during the early years of marriage; (3) child rights are often overlooked in divorce lawsuits; (4) many cases proceed without the defendant’s presence; and (5) societal norms tend to tolerate fathers neglecting financial responsibilities toward their families. These findings highlight the urgency of employing legal mechanisms to reshape societal attitudes toward divorce. The study proposes several measures to address these issues: emphasizing shared family responsibilities between spouses, mandating premarital counseling and family support programs, explicitly outlining divorce consequences in court rulings, broadening participation in divorce trials, and strengthening regulations on the enforcement and supervision of child and spousal maintenance rights. These recommendations aim to create a more equitable and accountable legal culture, contributing to the long-term stability and well-being of families in Indonesia.
Co-Authors Ayu Tika Sari, Lavrida Safira Rahma, Adalia Taruno Muryanto, Yudho