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All Journal Jurnal Akta WAJAH HUKUM Unes Law Review Journal of Social Research
Hartati, Endah
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Implikasi Dispensasi Kawin Sebagai Penyebab Tingginya Resiko Angka Perceraian Bagi Anak Akibat Perkawinan Paksa Berdasarkan Hak-Hak Perempuan Prabananda PY, Putu Anjali Gita; Hartati, Endah
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1758

Abstract

The purpose of this research is to analyze the impact of marriage dispensation on children and the legal recovery steps related to it. Marriage dispensation regulated in Article 7 paragraph (2) of Law No. 16 of 2019 triggers various problems, especially the increase in divorce rates and violations of women's rights. This policy is considered discriminatory because it opens up opportunities for forced marriages for girls who are not yet mature physically, mentally, or economically. This research uses normative juridical methods and a conceptual approach to analyze the impact of marriage dispensation and legal recovery measures. The results indicate the need for judicial review and legislative review to tighten regulations, prevent abuse, and protect the rights of children and women. This is expected to encourage the revision of legal norms to better align with the principles of justice and child protection.
Recording of Marriage Agreements and Consequences for Third Parties Hartati, Endah; Humaira, Lauditta
Journal of Social Research Vol. 4 No. 7 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i7.2610

Abstract

In recent years, the demand for Marriage Agreements has increased among couples planning to marry, as it allows them to regulate the property consequences of their marriage. The Marriage Law requires that these agreements be made prior to marriage; however, Constitutional Court Decision Number 69/PUU-XIII/2015 has opened the possibility of creating postnuptial agreements after marriage, a practice that has gained popularity. Despite this, a significant issue remains in the implementation of postnuptial agreements, particularly regarding the lack of regulation on publicity. This research explores the challenges surrounding the principle of publicity in Marriage Agreements and examines the implications of a third party's right to refuse the implementation of a postnuptial agreement. The study uses a normative legal research method, analyzing relevant legal texts and case law. The findings indicate that the absence of clear regulations on publicity leads to uncertainties about the enforceability and legal protection of postnuptial agreements, particularly in relation to third-party interests. This paper suggests that clearer legal provisions are needed to address the issue of publicity, ensuring better legal certainty and protection for all parties involved in postnuptial agreements.
Efektivitas Pertanggung Jawaban Notaris dalam Penyusunan Akta Autentik Berkaitan dengan Perjanjian Perkawinan Az Zahra, Salsabila Qalwiah; Hartati, Endah
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1326

Abstract

Nowadays there is unclear norm (Vague of norms) in some domains of rules in marriage agreements in the Marriage Law, where a marriage legal unit in Indonesia should be drawn up which is related to the marriage agreement referring to Article 29. The provisions in Article 29 of the Marriage Law do not have clear reasons related the entire marriage agreement, for example it requires aspects and there are no things contained in the marriage agreement, the legalization of the marriage agreement and related to the mechanism of change so that there can be a guarantee that the change will not harm the other party. Regarding the type of normative juridical research, it leads to the object of research, including legal issues which relate to the responsibility of a Notary in the preparation of an Authentic Deed in a Marriage Agreement. So that the results of this research are authentic deeds which include the strongest written evidence and the full meaning where the Judge does not have to explore other aspects of truth unless it is contained in the notary deed. In addition, marriage agreements can be drawn up through the wishes of the prospective bride and groom where there is no contradiction in the Constitution of the Republic of Indonesia, there are no violations of religious law or aspects of morality. This situation is in harmony with the principle of freedom of contract.
The Position of Joint Assets Regarding the Existence of Marriage Agreements That Are Not Registered with the Dukcapil Chaerunnisa, Chantiqa Dwi Ayudhia; Hartati, Endah
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.37136

Abstract

This research aims to analyze the position of joint assets in the presence of a marriage agreement that is not registered with Dukcapil after divorce based on the Marriage Law Number 1 of 1974 and the circular letter of the Ministry of Home Affairs Number 472.2/5876/DUKCAPIL in the case of decision number 2772/Pdt. G/PA CBN, namely the contents of the marriage agreement, regulates the separation of movable and immovable assets. However, the judge in his decision did not grant the request of the party who had movable assets in the marriage. This type of research is normative juridical research originating from literature studies. Regarding the results of this research analysis, namely that a marriage agreement that has never been registered with a marriage registrar cannot apply to third parties regarding the division of marital assets with a marriage agreement but remains valid between both parties. As a result, assets obtained during the marriage period are not mixed into joint assets and become the assets of each husband and wife which were acquired during the marriage. Based on the analysis that has been carried out, it is recommended that the government strengthen Article 29 paragraph 1 of the Marriage Law to state that a marriage agreement must be made in the form of a notarial deed and followed by registration with a marriage registrar so as not to raise doubts about the validity of the marriage agreement that has been made.
Co-Authors Az Zahra, Salsabila Qalwiah Chaerunnisa, Chantiqa Dwi Ayudhia Humaira, Lauditta Prabananda PY, Putu Anjali Gita