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KAWIN KONTRAK SEBAGAI INDIKATOR TRANSFORMASI BUDAYA HUKUM PERKAWINAN DI BALI Praningsih, Cerry; Paramita, Dianing; Huda, Royan Miftahul
Ensiklopedia Sosial Review Vol 7, No 2 (2025): Volume 7 No 2 Juni 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i2.3107

Abstract

Abstract: The practice of contractual marriages between Indonesian citizens (WNI) and foreign citizens (WNA) in Bali has increased significantly, especially along with the increasing foreign investment in the property sector. This phenomenon not only reflects the institution of marriage as a means to avoid legal restrictions, but also reflects the transformation of legal culture in Balinese society. Contractual marriages are often used as a tool to facilitate nominee agreements, where foreign citizens use the names of Indonesian citizens to obtain land rights that cannot legally be owned by foreigners. From a legal perspective, this practice creates a geography regarding the legitimacy of marriage relations, ownership of property, and legal protection for the parties. Meanwhile, from a socio-cultural perspective, this practice has the potential to erode customary values, land spirituality, and the social structure of Balinese society. This study aims to examine contractual marriages as one indicator of changes in the legal culture of marriage, by examining the interaction between customary norms, national law, and global economic interests. With a juridical-sociological approach, this study is expected to provide a deep understanding of the dynamics of law and culture in the context of globalization and modernization in Bali. Keywords: Contractual Marriage, Shift in Legal Culture, Land Rights of Foreign Nationals
EVALUASI KLAIM OVERHEAD PADA PEKERJAAN KONSTRUKSI DALAM TEORI HUKUM KONTRAK: Evaluation of Overhead Claims in Construction Works within the Framework of Contract Law Theory Huda, Royan Miftahul
Jurnal Globalisasi Hukum. Vol. 2 No. 2 (2025): Jurnal Globalisasi Hukum
Publisher : Fakultas Hukum, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jgh.v2i2.23316

Abstract

The construction contract for the 500 kV Tanjung Jati – Tx (Ungaran – Pedan) Extra High Voltage Transmission Line (SUTET) is a multi-year agreement that was signed in 2011. However, the actual commencement of work was delayed until the end of 2016 due to late land handover by the Procuring Entity to the Contractor. As a result of this delay, the Contractor encountered significant cash flow difficulties in executing the construction activities. Consequently, the Contractor submitted an overhead claim to the Procuring Entity, despite the fact that the original contract—recognized as the highest governing document—did not explicitly provide for such a claim. This study aims to analyze and evaluate the overhead claim within the context of construction work, based on contract law theory and the applicable regulatory framework in Indonesia. The findings are expected to assist Procuring Entities in addressing contractual issues related to overhead claims more effectively.