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All Journal Ranah Research : Journal of Multidisciplinary Research and Development
Addinur Addinur
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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Kepastian Hukum Perjanjian Perkawinan Secara Otentik Yang Tidak Di daftarkan Oleh Notaris Addinur Addinur; Gunawan Djajaputra
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.v7i2.1307

Abstract

This research examines the legal certainty of marriage agreements depending on the form and process of making them. Based on Article 15 paragraph (1) of the Notary Law, an authentic deed made before a notary has higher legal force than a private deed. An authentic agreement remains binding on the parties in accordance with Article 1320 of the Civil Code, but without registration at the marriage registration office, the agreement only applies privately and does not bind third parties. The provisions in Article 29 paragraph (1) of the Marriage Law and Article 22 of PMA Number 20 of 2019 emphasize the importance of registration agreements for formal validity which protects against third party claims. However, the problems that arose due to the Constitutional Court's lack of clarity regarding the obligation to authenticate documents created permission for implementation. Minister of Home Affairs Regulation Number 108 of 2019 and PMA Number 20 of 2019 require that marriage agreements be authentic, but this discrepancy often hampers the legal validity of private parties. Authentic deeds provide stronger protection by ensuring the parties' consent and reducing legal preservation risks. Therefore, the presence of a notary in making and registering marriage agreements is important to ensure legal certainty and protect the rights of couples.
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 Benny Djaja Gunawan Djajaputra Maman Sudirman