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All Journal Media Hukum Indonesia (MHI)
Rizqareka D, Cinta
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Law, Crime, Criminology & Criminal Justice

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Analisis Pelanggaran Perjanjian Dalam Perkara Utang Piutang PT. Bank Pembangunan Daerah Nusa Tenggara Timur Cabang Rote Ndao Cq Sender Dewa Lele dengan Debitur (Studi Kasus Putusan No4/Pdt.G.S/2021/PN Rno) Rizqareka D, Cinta; Afifa, Erina Nur; 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.15656086

Abstract

This case originated from a breach of contract (wanprestasi) by the debtor who failed to fulfill the obligation to pay loan installments as agreed in the credit agreement. This study employs a normative juridical method with a case study approach based on a court decision, analyzed qualitatively. The analysis results show that the credit agreement between the two parties was legally valid and met the legal requirements for a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). The panel of judges concluded that the defendant had committed a breach of contract by failing to fulfill her obligations, and therefore ruled that the defendant must repay the debt and cover the court fees. This decision reflects the principles of justice, legal certainty, and legal protection for the creditor. 
A Comparative Study of Marriage Agreements Between Cross-National Couples in Indonesia and the Netherlands Rizqareka D, Cinta; Afifa, Erina Nur; Busroni, Rania Syifa; Fazila, Raysha Aulia; Akbar, Muhamad Dafi; Ramadhani, Dwi Aryanti
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.17847469

Abstract

Marriages between Indonesian citizens and foreign nationals create complex legal consequences, particularly regarding the regulation of joint property and the legal status of the parties involved. A prenuptial agreement serves as an essential legal instrument to provide legal certainty and protection for the rights and obligations of both spouses. This study aims to analyze the differences in the regulation of prenuptial agreements for couples with different nationalities between Indonesia and the Netherlands, as well as to examine their implications for the recognition and enforcement of such agreements in both countries. The research employs a normative juridical method with statutory and comparative approaches, using primary legal materials such as the Indonesian Civil Code and the Dutch Burgerlijk Wetboek, along with secondary materials including legal literature and academic journals. The findings reveal that Indonesia still applies the joint property system as the default rule under Law Number 1 of 1974 on Marriage, whereas the Netherlands, since 2018, has adopted the limited community of property system, which establishes the separation of personal property as the legal foundation. Moreover, the Netherlands grants couples with different nationalities the freedom to choose the applicable law through the choice of law mechanism as regulated in Council Regulation (EU) No. 2016/1103, while Indonesia does not yet have a clear mechanism in this regard. These differences have implications for legal certainty, regulatory flexibility, and the protection of spousal rights in mixed marriages
Penyelesaian Sengketa Jual Beli Tanah Antara Penjual dan Pembeli (Studi Putusan Mahkamah Agung Nomor 3459/K/Pdt/2020) Rizqareka D, Cinta; Afifa, Erina Nur; Busroni, Rania Syifa; Tarina, Dwi Desi Yayi
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.17837783

Abstract

Settlement of land sale and purchase disputes between sellers and buyers with a focus on Supreme Court Decision Number 3459/K/Pdt/2020. The dispute arose due to the seller’s breach of contract by refusing to hand over the land object despite the buyer having fully paid the purchase price and completing all procedures for the transfer of rights, including the execution of the PPJB, Power of Attorney, Vacant Possession Deed, and the Sale and Purchase Deed (AJB) before an authorized PPAT. This study aims to analyze the mechanisms for resolving land sale and purchase disputes and to examine the judicial considerations in Supreme Court Decision Number 3459/K/Pdt/2020. The research employs a normative juridical method through an examination of legislation, legal doctrines, and court decisions. The analysis shows that all levels of the judiciary—the District Court, the High Court, and the Supreme Court—found the sale and purchase relationship to be valid and the seller to have committed a breach of contract. The Supreme Court rejected the cassation petition because no error in the application of law was found, while reaffirming the evidentiary strength of authentic deeds and the importance of legal certainty in land transactions. This decision reinforces legal protection for good-faith buyers and provides an important reference for ensuring that land sale and purchase practices proceed in an orderly, lawful manner and prevent future disputes between the parties.
Co-Authors Afifa, Erina Nur Akbar, Muhamad Dafi Busroni, Rania Syifa Dwi Desi Yayi Tarina Fazila, Raysha Aulia Ramadhani, Dwi Aryanti