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All Journal International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Jurnal Ilmu Kenotariatan
Dyah Widhiawati
Brawijaya University
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Implications of the Transfer of a Testamentary Grant's Object to Another Person by the Testator Putri Thania Dewinta; Abdul Madjid; Dyah Widhiawati
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

This research is motivated by a lawsuit filed by Imelda Sanny Chandra (Plaintiff) against her grandmother, Mrs. Tinningrum Tjandra (Defendant I), regarding the transfer of a testamentary grant object—a plot of land and a building in Surabaya—to Mrs. Koesoemo Dewi Raharjo (Defendant II) through a sale and purchase agreement. The Plaintiff argues that the object rightfully belongs to her based on Testamentary Grant Deed Number 119, which was executed by Defendant I before a Notary in Jakarta. One of the clauses in the deed states that the object would be transferred to the Plaintiff upon reaching the age of 30. Currently, the Plaintiff is 32 years old and intends to reclaim the testamentary grant object. Ruling Number 3258 K/Pdt/2023 in conjunction with Ruling Number 1270/Pdt.G/2021/PN.Sby declared the Testamentary Grant Deed valid and annulled the agreement between Defendant I and Defendant II. However, in the context of Article 958 of the Indonesian Civil Code  concerning the execution of testamentary grants and Article 996 of the Civil Code regarding the revocation of testamentary grants, this study aims to analyze the legal nature of testamentary grants and the juridical implications of the grantor transferring the object to another party. The goal is to provide legal certainty regarding the testamentary grant deed, the sale and purchase binding deed, the power of attorney to sell, and the sale and purchase deed issued in connection with this ruling. This research employs a normative juridical method with a legislative approach, a teleological approach, and a case approach. The data sources include primary, secondary, and tertiary legal materials. The analysis is conducted through grammatical and systematic interpretation.
Legal Certainty of Application for Marriage Registration of Non-Religious Couples After the Issuance of Supreme Court Circular Letter No. 2 of 2023 Ghina Khansa Muthiah; Amelia Sri Kusuma Dewi; Dyah Widhiawati
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 3 (2024): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i3.382

Abstract

This research focuses on analyzing specifically whether the regulation of different religions after the issuance of SEMA Number 2 of 2023 has fulfilled legal certainty. Marriage is not only an agreement between two individuals, but also a form of worship recognized by society and the state. Therefore, the rules for the implementation of marriage have been regulated by the state in Law Number 1 of 1974 concerning Marriage. However, it will cause problems if the marriage recorded in the civil registry is actually categorized as an invalid marriage, one of which is a marriage of different religions. In contrast to the explanation in Article 35 of the Civil Registration Law that the registration of valid marriages, including marriages between people of different religions that have been determined by the Court, is an obligation. With the disharmony between the two laws, it can affect judges in adjudicating cases of applications for registration of marriages between people of different religions and beliefs. To answer the existing problems, the author uses normative juridical research with a statutory approach method (statue approach), conceptual approach (conceptual approach). Primary, secondary, and tertiary legal materials and using grammatical and systematic interpretation. The issuance of SEMA Number 2 Year 2023 is a legal instrument issued by the Supreme Court. This SEMA is expected to create a more structured and reliable judicial system. It is important to evaluate the consistency and harmony in the application of laws related to interfaith marriage after the issuance of the SEMA.
Co-Authors Abdul Madjid Amelia Sri Kusuma Dewi, Amelia Ghina Khansa Muthiah Putri Thania Dewinta