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All Journal Martabe : Jurnal Pengabdian Kepada Masyarakat Al Qisthas : Jurnal Hukum dan Politik ARSY : Jurnal Aplikasi Riset kepada Masyarakat Jurnal Pengabdian dan Edukasi Sekolah (Jubaedah) Jurnal Abdimas Bina Bangsa Jurnal Res Justitia : Jurnal Ilmu Hukum Indonesian Collaboration Journal of Community Services (ICJCS) TRANSFORMASI : JURNAL PENGABDIAN PADA MASYARAKAT International Journal of Multidisciplinary Research and Literature (IJOMRAL) Jurnal Hukum Non Diskriminatif JURNAL ILMIAH HUKUM DAN KEADILAN Kultura: Jurnal Ilmu Sosial dan Humaniora Jurnal Akselerasi Merdeka Belajar dalam Pengabdian Orientasi Masyarakat (Jurnal AMPOEN) Aspirasi : Publikasi Hasil Pengabdian dan Kegiatan Masyarakat Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Ragam Pengabdian
Agustiawan, M. Nassir
Universitas Bina Bangsa
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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Legal Implications of Marriage Agreements Regarding Separation of Joint Property Following Constitutional Court Decision Number 69 of 2015 : Case Study Number 49/Pdt.P/2020/PA.Tgrs Shiva Durrotu Luthviah; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2351

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 has provided a new legal basis for interpreting Article 29 paragraph (1) of Law Number 1 of 1974 concerning Marriage, which previously only allowed the creation of marriage agreements before or during the marriage. The purpose of this study is to analyze the legal impact of allowing marriage agreements after the marriage has taken place, as a consequence of Constitutional Court Decision No. 69/PUU-XIII/2015, and to examine how this new norm is applied in judicial practice through a case study of Case No. 49/Pdt.P/2020/PA. Tgrs at the Tigaraksa Religious Court. The research uses a normative juridical approach with primary data sources in the form of court decisions and legislation, as well as secondary data such as legal doctrine, theories on agreements and legal certainty, and the results of interviews with relevant law enforcement officials. The findings of the study show that the Constitutional Court's decision expands the application of the principle of freedom of contract contained in Article 1338 of the Civil Code and affirms that married couples have the constitutional right to regulate their civil relations through agreements, including those concerning joint property, without being bound by the time of creation before marriage. In case 49/Pdt.P/2020/PA.Tgrs, the Panel of Judges granted the ratification of the marriage agreement because it fulfilled the elements of legality and did not cause harm to third parties. This shows that the norms resulting from the Constitutional Court's decision have been accepted as a valid source of law in court practice. The legal consequences of marriage agreements made after marriage include the need for new guidelines in the judicial and notarial fields, the importance of the ratification process in court, and the guarantee of legal protection for third parties who may be affected. Although the change in norms has taken place, its implementation still faces obstacles, mainly due to the limited understanding of law enforcement officials and the absence of official technical provisions from the Supreme Court or the Ministry of Religious Affairs as a basis for implementation at the national level.
LEGAL REVIEW OF CONSTITUTIONAL COURT DECISION NO. 18/PUU-XVII/2019 IN THE EXECUTION OF FIDUCIARY GUARANTEE OBJECTS (CASE STUDY OF LEASING COMPANIES IN CILEGON CITY) Zulfikar, Imam; Agustiawan, M. Nassir; Hiffni, M.
International Journal of Multidisciplinary Research and Literature Vol. 4 No. 6 (2025): INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND LITERATURE
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53067/ijomral.v4i6.383

Abstract

The practice of consumer financing through leasing institutions in Indonesia, utilizing fiduciary guarantees, plays a strategic role in supporting public access to motor vehicle ownership. However, the parate execution mechanism, as stipulated in Article 15 paragraphs (2) and (3) of Law Number 42 of 1999, often raises legal issues because it is implemented without judicial procedures. This situation has caused public unrest due to the practice of forced seizure by debt collectors, which is contrary to the principle of due process of law. Constitutional Court Decision Number 18/PUU-XVII/2019 is a significant milestone because it limits unilateral Execution and requires an acknowledgement of default or a court order, thereby bringing substantial changes to the legal Protection afforded to debtors. This research employs a normative legal approach, utilizing statutory, case, and conceptual methods to analyze the topic. The research data are sourced from primary legal materials, including the Fiduciary Guarantee Law and decisions of the Constitutional Court, as well as secondary legal materials from academic literature. The results of the study indicate that Constitutional Court Decision Number 18/PUU-XVII/2019 strengthens the legal position of debtors in Indonesia's positive legal system by limiting the practice of parate Execution. However, implementation in Cilegon City still faces obstacles, including the lack of technical regulations, slow adjustments to fiduciary contracts by leasing companies, and low understanding among officials and the public, which ultimately leads to legal uncertainty in practice. Theoretically, this research contributes to the enrichment of civil law literature related to legal certainty and legal Protection following the Constitutional Court Decision. Practically, this research provides understanding for leasing companies, law enforcement officials, and the public regarding the procedures for executing fiduciary objects in accordance with constitutional principles. The study's limitations lie in its normative nature, which does not fully reflect the empirical situation. For further research, a more in-depth empirical study is recommended through interviews with law enforcement officials, leasing companies, and debtors in various regions.
JURIDICAL REVIEW OF LEGAL PROTECTION OF UNILATERAL EXECUTION OF THE OBJECT OF MOTOR VEHICLE CREDIT AGREEMENT BY THE FINANCING INSTITUTE OF PT. BCA FINANCE BRANCH OF SERANG (CASE STUDY OF DECISION NO.134/PDT.G/2021/PN.SRG) Khasanah, Isvania; Agustiawan, M. Nassir; Hiffni, M.
International Journal of Multidisciplinary Research and Literature Vol. 4 No. 6 (2025): INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND LITERATURE
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53067/ijomral.v4i6.384

Abstract

Every consumer must be protected by their rights, and consumer protection guarantees must receive sufficient attention. As consumers, we should be protected from various types of transaction fraud, have the right to obtain clear information, and, of course, the right not to be discriminated against. Fiduciary guarantees are used as a supporting basis for a motor vehicle agreement contract as collateral, so that when the Debtor cannot fulfill its obligations, the creditor does not make a unilateral withdrawal of the vehicle. In conducting this research, the author employs a critical analysis of theories, including agency agreement theory, legal certainty theory, and the theory of fiduciary duty. The basis of the regulation that is broken is Law Number 42 of 1999 concerning Fiduciary Guarantee and Decision of the Constitutional Court (MK) Number 18/PUU-XVII/2019, as well as the Civil Code, and is supported by several relevant studies. The methods used in this research are Normative Juridical and Literature Study in the form of qualitative research. The research was conducted at the Serang Banten District Court, where the object of the study was the court decision. The research was conducted over a period of three months, from May to July 2025. Data was obtained from primary data sources in the form of Law and Court Decision Number 134/Pdt.G/2021/PN.Srg, as well as secondary supporting materials and tertiary sources that support primary and secondary materials. This research is qualitative. The discussion in this research concerns the leasing party's unilateral withdrawal of the collateral object, in the form of a vehicle, without the Debtor's voluntary surrender or a court decision. The Debtor feels very disadvantaged by this. Creditors/Leasing have committed unlawful acts against Law Number 42 of 1999 concerning Fiduciary Guarantees a nd Constitutional Court (MK) Decision Number 18/PUU-XVII/2019. The conclusion from this research is that the leasing party has committed an unlawful act, which is regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees and Decision of the Constitutional Court (MK) Number 18/PUU-XVII/2019. Suppose the collateral object in a vehicle credit agreement is unable to carry out its obligations. In that case, the creditor/leasing party may not carry out unilateral execution without a voluntary surrender from the Debtor or a court decision with permanent legal force to confiscate the collateral object.
EFFECTIVENESS OF EQUIPMENT AND COMMUNITY REPRESENTATION IN SUPPORTING THE VILLAGE HEAD TO ACCELERATE THE DEVELOPMENT OF SIRNA GALIH VILLAGE Chairul Fatulah, Muhamad; Agustiawan, M. Nassir; Hiffni, M.
International Journal of Multidisciplinary Research and Literature Vol. 4 No. 6 (2025): INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND LITERATURE
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53067/ijomral.v4i6.385

Abstract

Village development in Indonesia, as regulated in Law No. 6 of 2014 concerning Village Affairs (Village Law), emphasizes village autonomy to improve welfare through synergy among the village head, village officials, and community representation. However, the effectiveness of village officials and community representation is often an obstacle to development acceleration, especially in agrarian villages such as Sirnagalih Village, Mandalawangi District, Pandeglang Regency, Banten Province. This study aims to analyze the effectiveness of village officials in supporting the village head, the contribution of community representation through the Village Consultative Body (BPD) and deliberations, as well as non-legal and legal inhibiting factors that hinder the implementation of legal solutions. The research employs a normative-empirical approach with a descriptive-qualitative perspective, as illustrated through the case study of Sirnagalih Villa for the period from 2020 to 2023. Primary data obtained from semi-structured interviews with 25 respondents (village heads, village apparatuses, BPD, and community), participatory observation, and secondary data from legal documents such as the Village Law, Government Regulation Number 43 of 2014, and Village Fund Report (DD). Data analysis employs legal content analysis and thematic analysis, with triangulation to enhance validity. The study's results showed that the effectiveness of village officials was considered moderate (score 6.5/10), despite the implementation of the 68% DD program; however, it was hindered by a lack of competence (only 40% were trained) and weak coordination, which violated Article 62 of the Village Law. Community representation through BPD and Village Deliberation contributed 50%, with low participation (45%) and minimal supervision (30% of admitted reports), contrary to Articles 5-61 of the Village Law. The legal inhibiting factor includes unclear local regulations, while non-legal factors include a limited budget and patron-client culture. Overall, this collaboration only accelerates the construction of 20% of the RPJMDes target, with a total realization of 65%. The study concludes that the effectiveness of village officials and community representation is not optimal in supporting the acceleration of Development, despite the agrarian potential of Sirnagalih Village. Legal suggestions include a periodical revision of village apparatus training and an inclusive quota for deliberation (50% women/youth), as well as collaboration with the Ministry of Villages for national supervision. This study contributes to strengthening good governance in the Village, in line with the 2020-2024 RPJMN.
Co-Authors Abdul Muid Agung Madhani Alif Fajar Ramadha Amilia, Rizki Andri Subandrio Anita Wulandari, Anita Anwar, Nasihin Setiawan Aqil Meilanggi Shihab Arfian Suryasuciramdan Asnawi Asnawi Asnawi Asnawi Audita Azzahra, Gladisya Azhar, Intan Nabila Azzahra, Anneira Azzahra, Gladisya Audita Bagus Maulana, Roynaldy Chairul Fatulah, Muhamad Dani Darmawan Defi Selvianita Dian Samudra Dini Rosdiani Eli Apud Saepudin Fath, Ratu Adnindha Agnienqie An Romadhani Nur Fatih Arif Mutaqin Febriyanti, Yeni Ferah, Nur Hadi, Hadi Haerul Hamidah Hamidah Hasan Siddiq Helmalia Putri Heryanto, Ferry Hidayat, Endang Hiffni, M. Hifni, Mohammad Hujatul Arifin JEFRI, ULFI Juan Carlos Marbun Julfadhli, Ardhi Khasanah, Isvania Laila Fatmawati Maryawan, Maryawan Maulia, Delia Ayunda Meiby Zulfikar Mentari Salsabila Mohammad Hifni Mohammad Hifni Muhamad Jahiri Muhamad Suwandi Mutari Madhuri Nabila Azhar, Intan Nada, Zanuba Qotrun Najar Pratama Natalia, Cristin Nugrahini Kusumawati Nursinta Putri, Vanisa Novianti Qotrun Nada, Zanuba Rasyid Ratulangi, Ambo Ratulangi, Ambo Rasyid Rizki Amilia Ruth Arnesia Purba sae, Eli Apud Samudra, Dian Saputri, Cindi Sartika Sauzan, Zahra Setyawan, Ferdy Shafwah, Nasywa Aura Shiva Durrotu Luthviah Silvi Filya Sava Simaremare, Arie Amri Suryasuciramdan, Arfian Tb Edya Rizky Maulana Tb. Faisal Sukma Wijaya Tegar Muhammad Zaidan Ujang Hibar Weliansyah, Musa Widia Lestari Yudhitya Gilang Ramadhan Yunengsih, Yuyun Zulfikar, Imam Zulzana, Tika