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All Journal Case Law Journal of Innovation Research and Knowledge Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Mutiara: Jurnal Penelitian dan Karya Ilmiah Jurnal Cendekia Ilmiah Deposisi: Jurnal Publikasi Ilmu Hukum
Felicitas Sri Marniati
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum Terhadap Notaris dari Pembuatan Akta Pernyataan Keputusan Rapat Terkait Notulen Rapat Umum Pemegang Saham Yang Dipalsukan Bambang Yudianto; Felicitas Sri Marniati; Putra Hutomo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.583

Abstract

Pursuant to Article 16 Paragraph (1) Letter a of Law Number 2 of 2014 Concerning the Position of Notary Public which emphasizes the obligation of a notary to act in a trustworthy, honest, thorough, independent, impartial and safeguarding the interests of the parties involved in legal actions, however in practice sometimes it is used by appearers by falsifying the minutes of the GMS so that the notary becomes the suspected perpetrator of a crime. The formulation of the problem in this study is what are the legal consequences of the deed of meeting decision statements related to the falsified GMS minutes. The method used in this research is normative juridical research in the form of library law materials or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is statutory, conceptual, analytical and case approaches as well as legal material analysis techniques carried out with systematic and grammatical legal interpretations. The results of the study show that the legal consequences of the deed of meeting decision regarding the falsified GMS minutes resulted in the deed becoming null and void and the aggrieved parties had to file a civil suit to the court to cancel the deed. In this case the notary cannot be held criminally responsible if a loss arises for one of the parties, because the deed is a partij acte which is entirely based on the statements and statements of the parties which are already in draft form, the notary only writes it into an authentic deed, so the minutes of the GMS are falsified be the responsibility of the appearers.
Perlindungan Hukum Anak Luar Kawin yang Mendapat Wasiat Terkait Sengketa dengan Anak Sah Menurut Hukum Perdata Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6732

Abstract

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.
Perlindungan Hukum Anak dalam Perwalian Terkait Peralihan Harta Peninggalan Orang Tua Kepada Wali Menurut Hukum Perdata Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6826

Abstract

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.
Perlindungan Hukum terhadap Ahli Waris Terkait Sertipikat Hak Milik Pihak Lain Diatas Lahan Tanah Warisan Kusmianti Indah Sari; Felicitas Sri Marniati; Sirajuddin Sailellah
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6855

Abstract

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.
Perlindungan Hukum terhadap Notaris Pemegang Protokol yang dijadikan Pihak Tergugat dalam Perkara Perdata Muhammad Rizky Muchlis; Yuliana Setiadi; Felicitas Sri Marniati
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 4 No. 2 (2026): Juni : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v4i2.6687

Abstract

Notaries who assume custody of a predecessor’s notarial protocol are frequently named as defendants in civil proceedings concerning deeds executed by the previous notary. This practice creates legal uncertainty regarding the scope of the protocol-holding notary’s liability for deeds that were not executed by them. This study aims to examine the legal responsibility of protocol-holding notaries and the legal protection afforded to them when they are named as defendants in civil litigation. The theoretical framework employs Satjipto Rahardjo’s Theory of Legal Protection and Subekti’s Theory of Legal Responsibility. This research adopts a normative juridical method using statutory, conceptual, analytical, and case approaches. Legal materials were obtained through library research involving primary, secondary, and tertiary legal sources and were analyzed using grammatical and systematic interpretation, as well as analogy and legal refinement constructions. The findings indicate that, in judicial practice, protocol-holding notaries are still frequently named as defendants because they possess or maintain the disputed deeds or minutes. However, there is no explicit legal provision establishing the limits of their liability for deeds executed by another notary. The Notary Position Act should expressly regulate the responsibilities of protocol-holding notaries, limiting their role to safeguarding and maintaining the notarial protocol and providing testimony concerning the relevant deed. They should not be treated as parties responsible for the substantive validity or contents of deeds executed by their predecessors.
Kepastian Hukum Pemeriksaan Notaris oleh Majelis Kehormatan Notaris Wilayah (MKNW) Terkait Pembatalan Persetujuannya oleh Pengadilan Tata Usaha Negara Yan Aprilia Indah Permatasari; Anriz Nazaruddin Halim; Felicitas Sri Marniati
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 4 No. 3 (2026): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v4i3.3398

Abstract

For the purposes of judicial proceedings, investigators, public prosecutors, or judges—subject to the approval of the Notary Honorary Council (MKN)—are authorized to obtain photocopies of the original deed (minuta akta) and summon a Notary for examination. This authority is intended to support the judicial process while simultaneously providing legal protection for Notaries suspected of committing criminal violations. The research addresses the legal consequences of a court ruling that annuls the approval previously granted by the Regional Notary Honorary Council (MKNW) for the examination of a Notary, as well as the legal certainty regarding the examination of a Notary by the MKNW in light of the court's annulment of said approval. This study employs R. Soeroso’s Theory of Legal Consequences and Jan Michiel Otto’s Theory of Legal Certainty. A normative-juridical research method is used, incorporating statutory, case, analytical, and conceptual approaches. Legal materials were gathered through the identification and inventory of legislation, literature, journals, and other sources, and subsequently analyzed using grammatical and systematic interpretation as well as legal construction via analogy. The research findings indicate that the court's annulment of the approval for a Notary's examination extinguishes the legal status and relationships derived from the MKNW's approval letter; this eliminates the rights and obligations of the parties involved and necessitates the MKNW's revocation of the previously issued approval. Such annulment embodies legal certainty and reaffirms the MKNW's obligation to exercise its authority in accordance with applicable legal regulations.
Kepastian Hukum Akta Pelepasan Hak atas Tanah yang Merupakan Harta Bersama Tanpa Persetujuan Pasangan Dhoni Martien; Felicitas Sri Marniati; Zahrah Didakta Hazzar
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 4 No. 4 (2026): Agustus: Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v4i4.3402

Abstract

This study analyzes the legal consequences and legal certainty of deeds of relinquishment of land rights concerning marital property executed without spousal consent. The issue arises because Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage provides that property acquired during marriage constitutes marital property, while Article 36 paragraph (1) requires the consent of both spouses for legal actions involving such property. This study employs normative legal research using statutory, case, analytical, and conceptual approaches. Legal materials are analyzed through grammatical and systematic interpretation as well as legal construction by analogy and legal refinement. The analysis examines the Palu District Court Decision Number 52/Pdt.G/2023/PN Pal, the series of Gresik–Surabaya–Supreme Court decisions, and the Kupang District Court Decision Number 71/Pdt.G/2019/PN.Kpg. The findings demonstrate that the absence of spousal consent may affect the authority of the party relinquishing the right, the enforceability of the deed, and subsequent legal acts. Legal certainty therefore depends not merely on formal compliance with deed requirements, but also on the legal status of the property, the authority of the parties, and fulfillment of the requirement for spousal consent.
Co-Authors Ahmad Haekal Alwi Bin Syeh Abubakar Amelia Nur Widyanti Anriz Nazaruddin Halim Aria Senoaji Bambang Yudianto Dhoni Martien Febbyanti Rahmadian Febrianti Anastasya Sarah Amelia Franciscus Mandala Hartono, Enrico Andre Heri Sutikno Irhamsah, Irhamsah Irhamsyah Irhamsyah, Irhamsyah Khalimi Khalimi, Khalimi KHOIRUL ANWAR Kusmianti Indah Sari M. Slamet Turhamun Mohamad Ismed Mufidatul Ahada Muhammad Rizky Muchlis Putra Hutomo Sirajuddin Sailellah Sugeng Riyadi Tofik Yanuar Chandra Wiena Charmita Dewi Yan Aprilia Indah Permatasari Yuliana Setiadi Yuskar Rakhmatika Zahrah Didakta Hazzar