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All Journal Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Mahkamah: Jurnal Riset Ilmu Hukum Perspektif Administrasi Publik dan hukum
Soraya Firmansjah
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Akibat Hukum Perkawinan tanpa Kehadiran Wali Nikah Sesuai Hierarki ditinjau dari Perspektif UU Perkawinan dan Kompilasi Hukum Islam Nathania Ratna Debriana; Soraya Firmansjah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.606

Abstract

Marriage is an important aspect of social and religious life, regulated by religious and state laws. This study aims to analyze the legal consequences of marriages that take place without the presence of a marriage guardian, especially in the context of a prospective bride whose status is a convert. From the perspective of Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law, the presence of a marriage guardian is an absolute requirement for the validity of a marriage. This research uses a normative juridical method by utilizing literature studies as legal material to examine more deeply the hierarchy of marriage guardians and the implications arising from marriage without a marriage guardian. The results of this research show that a marriage that is not attended by a legal guardian can result in the invalidity of the marriage, which will have an impact on the legal status of children and women's rights. The case of Rizky Febian and Mahalini's marriage is a concrete example that shows the importance of the presence of a marriage guardian in maintaining the validity of marriage. This research is expected to provide a good understanding of the importance of marriage guardians and the legal procedures that must be followed in marriage, especially for prospective brides who convert to Islam.
Studi Kasus Putusan Pengadilan Tinggi Mataram Nomor 183/PDT/2023/PT MTR tentang Pemeriksaan Setempat Gugatan Kurang Pihak dan Implikasi Putusan terhadap Objek Sengketa Soraya Firmansjah; Artaji Artaji; Rai Mantili
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1251

Abstract

The Mataram High Court Decision Number 183/PDT/2023/PT MTR, which upheld the Selong District Court Decision Number 59/PDT/2023/PN SEL, stated that the Appellants' (formerly the Plaintiffs) lawsuit was inadmissible because there were parties who had not been involved in the case (lack of parties). The legal fact regarding this lack of parties had actually emerged since the on-site examination stage conducted by the Panel of Judges at the first instance. In fact, this had also been expressly conveyed by the Appellees (formerly the Defendants) through an exception. However, the Panel of Judges rejected the exception and ultimately contradictorily declared the lawsuit inadmissible. This study emphasizes the urgency of considering the results of the on-site examination in relation to the lack of parties and its implications for the ownership status of the disputed object after the decision. The research method used is a normative juridical approach, with analysis referring to statutory provisions, legal doctrine, and civil law principles. Specifically, this study highlights the law of evidence and the position of on-site examination in the judicial process. The research results show that on-site inspections actually play a crucial role in assessing evidence and witness statements related to the existence of parties who should be called into the lawsuit. However, this urgency is lost because the panel of judges' considerations are inconsistent with the provisions regarding the strength of evidence as stipulated in Article 284 of the RBg. Furthermore, the exception regarding the lack of parties whose substance is similar to the results of the on-site inspection is actually set aside. A further implication of this decision is that the ownership status of the disputed object does not change. After the decision is rendered, the object remains in the possession of the Respondents, without legal clarity regarding who the party legally has authority over it.
Analisis terhadap Penyelundupan Hukum dalam Perjanjian dan Irisannya dengan Penyalahgunaan Keadaan dan Perbuatan Melawan Hukum Soraya Firmansjah
Perspektif Administrasi Publik dan hukum Vol. 1 No. 4 (2024): Oktober : Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v1i4.60

Abstract

This research analyzes legal smuggling related to the principle of freedom of contract reflected in Book III of the Civil Code. The parties are free to draft any clause based on an agreement. However, it cannot be denied that the principle of freedom of contract is often misused to commit legal smuggling in agreements, which makes the deal seem legally valid, even though there are mixed legal provisions, thus causing irregularities and losses for parties who are in a weak position. This research method uses normative legal research by examining library materials with legal materials, such as laws and regulations, books, legal journals, and legal articles. The results of this study indicate that the actions taken by the dominant party, in this case, fulfill the elements of legal smuggling which also intersect with the act of abuse of circumstances, thus forming a tort committed by the dominant party in the agreement.
Co-Authors Artaji Artaji Nathania Ratna Debriana Rai Mantili