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All Journal Mahadi : Indonesia Journal of Law Acten Journal Law Review
Windha
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Validity of Marriage Registration in the Customary Viewpoint Indonesia Puspa Melati; Runtung; Siregar, Mahmul; Zulfi Chairi; Windha; Faradila Yulistari; Lesly Saviera; Saddam Shauqi; Hilbertus Sumplisius M. Wau
Mahadi: Indonesia Journal of Law Vol. 4 No. 02 (2025): Vol. 04 No. 02 (2025): Vol. 04 NO. 02 (2025): August Edition 2025
Publisher : Universitas Sumatera Utara

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Abstract

This study explores the validity of marriage registration according to customary law in Indonesia and its relationship with national legislation. Marriage registration is a crucial element of the Indonesian legal system, as stipulated in Law Number 1 of 1974 concerning Marriage, which aims to provide legal certainty, ensure the legal status of children, and protect the civil rights of couples. However, many indigenous communities still hold fast to the tradition that traditional marriage ceremonies are sufficient to legitimize a marriage without requiring official registration. This study found that although customary law recognizes the validity of marriages through traditional rituals, the neglect of official registration with state institutions has legal consequences, such as unclear legal status for spouses and children in inheritance and population administration matters. This research underscores the need for policy integration between customary law and national law to ensure that the rights of indigenous communities remain protected without neglecting formal legal requirements. Potential solutions include public education and simplifying registration procedures to make them more user-friendly for Indigenous peoples.
Perlindungan Hukum Bagi Direksi Yang Diberhentikan Melalui Keputusan Sirkuler Yang Tidak Sah: Studi Perbandingan Indonesia, Singapura, Britania Raya, dan Australia Ferencia, Viony; Azwar, Tengku Keizerina Devi; Windha
Acten Journal Law Review Vol. 2 No. 2: Aug 2025
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v2i2.38

Abstract

Circular resolution is one of the decision-making mechanisms by shareholders other than the GMS has become one of the mechanisms often used by shareholders to make decisions in limited companies. However, the use of circular resolutions is inseparable from potential juridical problems, among others related to abuse of authority, especially in the context of dismissal of members of the board of directors. This article aims to examine the utilization of circular resolutions in the limited liability company system in Indonesia, both in terms of normative application and risk implications. In addition, this research also compares the legal systems in Singapore, the United Kingdom, and Australia in order to obtain a more comprehensive perspective on the regulation of the circular resolution mechanism. The method used is normative law. The nature of the research is prescriptive using secondary data obtained through data collection and data analysis techniques. The research approach uses a statutory approach, case approach, and comparative approach. The results show that legal protection for directors who are dismissed through circular decisions is not yet optimal. This is due to the regulation regarding circular decisions in Indonesia which is currently limited to only 1 (one) article, and there is no further regulation regarding procedures, time periods, and no restrictions on the use of circular decisions, so that it has the potential to cause legal uncertainty and less than optimal legal protection for PT directors in Indonesia. Therefore, to ensure legal certainty and optimal legal protection for directors, it is necessary to have bright and clear arrangements related to circular decisions that present progressive positive law in mitigating the risk of misuse of circular decisions in Indonesia.
Co-Authors Azwar, Tengku Keizerina Devi Faradila Yulistari Ferencia, Viony Hilbertus Sumplisius M. Wau Lesly Saviera MAHMUL SIREGAR Puspa Melati Runtung Saddam Shauqi