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All Journal Media Hukum Indonesia (MHI)
Efriliani, Firial Tiara
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Law, Crime, Criminology & Criminal Justice

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Pernikahan di Bawah Umur dalam Perspektif Hukum Positif di Indonesia: Tradisi di Tana Toraja Angelina, Sandra Laudya; Efriliani, Firial Tiara; Oktaviani, Risa Dewi; Octaviani, Eky; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15594779

Abstract

This research examines underage marriage in the perspective of positive law in Indonesia in the traditions of Tana Toraja. The purpose of this research is to find out how the existing laws and regulations in Indonesia are related to the marriage of minors and to know and understand what forms of legal protection are given if underage marriage has occurred. The method used in this research is the normative juridical research method, which means that the problems studied are based on laws and regulations, legal literature, and the media. The results showed that there are still high cases of underage marriage in Tana Toraja because it is influenced by local customary law that violates Law Number 1 of 1974 jo Law Number 16 of 2019 concerning Marriage. Therefore, an active role is needed from the government and the community in order to create a balance between cultural preservation and compliance with national law.
Analisis Putusan Perbuatan Melawan Hukum Perkara Nomor: 359/Pdt.G/2024/PN Jkt.Brt Efriliani, Firial Tiara; Oktaviani, Risa Dewi; S, Sulastri
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17900933

Abstract

This study discusses how the principles of contract law are applied in civil disputes in Decision Number 359/Pdt.G/2024/PN West Jakarta. The conflict arose from a lease agreement between PT. Tropic World Paradise and Liauw Reolita, when the absence of a building permit (IMB/PBG) was considered to be hindering the tenant's business. A lawsuit was then filed based on Article 1365 of the Civil Code, involving the notary who drafted the lease agreement. The results of the study show that the allegation of unlawful acts was not proven. The judge ruled that the plaintiff had been aware of the condition of the building from the outset, that the agreement was valid, and that the notary had performed his duties in accordance with his authority. Conversely, the plaintiff was found to have committed an unlawful act by continuing to occupy the building after the lease period had ended. Finally, the lawsuit was dismissed and the counterclaim was granted. This finding emphasizes the importance of good faith, legal certainty, and clear evidence in determining the responsibilities of the parties in a lease agreement.
Co-Authors Angelina, Sandra Laudya Dwi Desi Yayi Tarina Octaviani, Eky Oktaviani, Risa Dewi S, Sulastri