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Yustikarini, Meliyana
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Perlindungan Hukum terhadap Masyarakat Nagari yang Tanahnya Disertifikatkan Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 3818 K/PDT/2023) Ferdian, Muhamad Wira; Yustikarini, Meliyana
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1860

Abstract

This research aims to analyze the legal protection for nagari communities experiencing illegal land certification, as well as to evaluate the implementation of the Supreme Court's decision in resolving customary land disputes to prevent similar cases from recurring in the future. The research method used is normative juridical through legislation as the main technique in data collection and examining Supreme Court decision number 3818 K/PDT/2023, related to references from books, journals, and other materials. The research results indicate that indigenous communities whose land has been unlawfully certified are entitled to request the annulment of land rights on the grounds of administrative defects. This cancellation process can be carried out through a ministerial decree as regulated in Articles 105 and 106 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning the Procedures for Granting and Cancelling State Land Rights and Management Rights.
Pemisahan Harta Bersama Tanpa Adanya Perjanjian Perkawinan pada Perkawinan Campuran (Mixed Marriage) Puteri, Erriyanti Samuhedah; Yustikarini, Meliyana
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1343

Abstract

This study has the aim of knowing the legal consequences that arise against property in mixed marriage and knowing the legal arrangements for the separation of joint property in mixed marriage without a marriage agreement. Joint property is one of the legal consequences that arise in marriage. In a marriage without a marriage agreement, joint property will be created. However, conflicts will arise if what happens is a mixed marriage. This writing has the aim of knowing how the legal arrangements for the separation of joint property in a mixed marriage without a marriage agreement and what legal consequences arise for property in a mixed marriage. In this research the author uses doctrinal legal research methods. The conclusion that can be drawn in this study is that the legal consequences arising from property in a mixed marriage if referred to based on Law No. 1 of 1974 concerning Marriage, if the parties do not make a marriage agreement, there will be joint property.
Pembatalan Akta Pembagian Harta Waris Yang Didasarkan Pada Hukum Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 909 PK/PDT/2019) Simanjuntak, Solagratia Moza Tessalonika; Yustikarini, Meliyana
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1353

Abstract

This research aims to analyze the legal consequences of Supreme Court Decision Number 909 PK/Pdt/2019 on inheritance according to Toba Batak Customary Law, and analyze the role of notaries in making a Deed of Testament containing the will of the confronter to inherit based on Toba Batak Customary Law. This doctrinal research uses secondary data in the form of legal materials relevant to Inheritance Law and Toba Batak Customary Law. The legal effect of the Decision a quo on inheritance based on Toba Customary Law is that the Deed of Testament is declared defective and null and void because it violates statutory provisions. In addition, it can also be stated that there has been a shift in inheritance in the Toba Batak Customary Society, which initially adhered to patrilineal legal norms to begin to accommodate equal rights between sons and daughters. In relation to the role of notaries in the preparation of Testament Deeds based on Toba Batak Customary Law, it can be stated that legal counseling on inheritance must be delivered before making a deed so that the confronter can understand the legal provisions he chooses to use as the basis for inheritance. In addition, the notary can make clauses in the Deed of Testament to clarify the intentions contained in the deed, especially in the context of the distribution of inheritance made based on the last will of the testator.
Co-Authors El Syavira, Inasa Ferdian, Muhamad Wira Natagina Putri, Riska Puteri, Erriyanti Samuhedah Setiadi, Monica Simanjuntak, Solagratia Moza Tessalonika