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All Journal Gorontalo Law Review Paulus Law Journal
Kumala, Brik
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Law, Crime, Criminology & Criminal Justice

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CHILDREN'S CONCERNS AND FAMILY LAW CONFLICTS IN THE CIVIL REALM Kumala, Brik; Sipayung, Parlin Dony; Renaldy, Rendy; Januri; Alqadri, Dinar; Maulidiana, Lina
Paulus Law Journal Vol. 5 No. 2 (2024): Maret 2024
Publisher : Fakultas Hukum Universitas Kristen Indonesia Paulus

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Abstract

In light of Law no. 35 of 2014 concerning Child Protection and its application in Case Number 300/Pdt.G/2022/PA.Tg., this study aims to examine the regulation of children's hadhanah rights after divorce. Finding out how the law protects children's rights after a divorce and the obstacles to implementing such protection is the goal of this study. Normative research using a legislative approach and content analysis is the research technique used. Case Number 300/Pdt.G/2022/PA.Tg-related court records and secondary data pertaining to the Child Protection Law will be gathered and analysed. With an emphasis on the maintenance of children's hadhanah rights after a divorce, this study seeks to enhance comprehension of legislative provisions and their implementation in court practice. A solid legislative foundation for safeguarding children's rights after a divorce, with the primary focus being on the child's best interests, is provided by the Child Protection Law, according to the study. As shown in Case Number 300/Pdt.G/2022/PA.Tg., this concept is put into reality by the courts in order to make fair judgements about child custody and maintenance in order to protect the well-being of children after a divorce. But this case study also shows that there are problems with the law's implementation, such as how to determine whether parents can afford it and what the kids need.
DECISION OF MA 3180/K / PDT/2019 (LEGAL ANALYSIS OF THE SALE AND PURCHASE OF JOINT PROPERTY PRE-DIVISION BY THE TEMPORARY LAND DEED OFFICER) Febrianty, Yenny; Kumala, Brik; Flora, Henny Saida; Setiawan, Beni
Gorontalo Law Review Vol 7, No 1 (2024): Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i1.3363

Abstract

As stated in Article 36 of Law No. 1 of 1974 respecting joint marriage, any spouse may operate on joint property with a permission. Investigating Supreme Court decision number 3180 K/PDT/2019—which deals with the sale and purchase of undivided joint property in the presence of the temporary land deed officer (PPAT)—and its legal implications is the goal of this research. This study uses conceptual, case, and legislative methods, and it is normative in character. Primary and secondary sources of law are consulted. Legal material analysis is an approach that uses a procedure that is prescriptive. In accordance with the results of the investigation, it is illegal for the PPAT to have issued a deed of sale and purchase and for M.Uzer and Deslina to have sold shares without Herlina's knowledge or approval. Given that the property being sold is still jointly owned, the sale and purchase are declared unlawful according to MA RI No. 701K/PDT/1997. As a consequence, the deed of sale and purchase is legally flawed, and the Certificate of Property Rights in Deslina's name is no longer enforceable.
Co-Authors Abdullah, Muhammad Ilyasa BENI SETIAWAN Dinar Alqadri Fikriyah, Lu’lu’iyyatul Henny Saida Flora Januri Lina Maulidiana Parlin Dony Sipayung PUJI LESTARI Rendy Renaldy Sari, Intan Fatika Sholehah, Ayu Nur Siti Fatimah Syahla, Ella Suhaela Wulandari, Surti Yenny Febrianty Zanuba Arifah Khofshoh, Zanuba Arifah