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All Journal Ranah Research : Journal of Multidisciplinary Research and Development
Benny Djaja
Master of Notarial Law, Tarumanagara University, Jakarta, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Legal Certainty of Binding Power of Marriage Agreements Not Registered of Notary Janita Wulandari; Benny Djaja; Maman Sudirman
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 1 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Novembe
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i1.1251

Abstract

This study discusses the legal certainty related to the binding force of marriage agreements that are not registered by a notary, by referring to the Constitutional Court Decision Number 69/PUU-XIII/2015. In this decision, notaries are given the authority to validate marriage agreements. However, agreements that are only validated by a notary without being registered with the Office of Religious Affairs or the Population and Civil Registration Service do not fulfill the principle of publicity, which is important to ensure that the document can be accessed by third parties who may be affected. Without registration, the agreement does not have binding legal force for third parties, thus potentially causing legal uncertainty and disputes in the future. The principle of publicity aims to provide protection for third parties by ensuring access to the rights and obligations stipulated in the agreement. Registration of marriage agreements at the Population and Civil Registration Service provides stronger legal certainty, maintains transparency, and protects the rights of all parties involved in accordance with applicable legal provisions.
The Dynamics of Legal Protection For Notaries In Performing Notarial Duties Rachel Gunawan; Benny Djaja; Maman Sudirman
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1308

Abstract

This study examines the problem of the dynamics of legal protection related to the weaknesses of the dual position regulation of Notaries in the Law on Notary Positions, which creates legal uncertainty and potential conflicts of interest. First, the inconsistency between Article 11 paragraph (1) which allows Notaries to take leave while serving as state officials with other articles that require total dismissal creates legal confusion. Differences in interpretation regarding "resigning" and "leaving" cause ambiguity regarding the legal status of Notaries, which can affect legal compliance and potentially lead to abuse. Second, the use of the name and protocol of Notaries who are on leave by their replacements increases the risk of conflicts of interest and public misunderstanding. The public can misunderstand the legal responsibilities between Notaries who are on leave and their replacements, especially if violations or errors occur during the leave period. Therefore, regulatory revisions are needed to ensure legal clarity, professional integrity, and protection for parties involved in notarial services.
Resolution of Credit Agreement Disputes Due To Force Majeure From The Perspective of Syariah Banking Addinur Addinur; Benny Djaja; Maman Sudirman
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1337

Abstract

This study analyzes the impact of recession on credit contracts in Islamic banking, especially in e-commerce activities. Murabahah-based credit contracts, which are used as financing products based on credit sales, involve the customer's obligation to pay installments according to the agreement. However, recessionary conditions create difficulties for customers in fulfilling their obligations, thus creating the potential for payment delays that can be detrimental to the bank. From an Islamic legal perspective, conditions beyond human control, such as recession, can be categorized as force majeure, which provides a legal basis for customers to delay payments. Legal resolution of this situation requires an approach that accommodates the principle of justice, where the imposition of fines for delayed payments is often viewed as a form of usury by some scholars, because it is considered an addition that is not in accordance with Islamic principles. This study aims to provide a comprehensive understanding of dispute resolution based on the concept of murabahah in Islamic banking, by considering the impact of recession on the sustainability of credit contracts, while offering solutions that are in line with Islamic legal principles and protection of the rights of customers and banks.
Co-Authors Addinur Addinur Janita Wulandari Maman Sudirman Rachel Gunawan