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<![CDATA[Perlindungan Hukum Terhadap Hak Istri Dalam Perkawinan Poligami Melalui Perjanjian Perkawinan ]]>
<![CDATA[Ni Luh Putu Mike Wijayanti S]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p06
<![CDATA[Marriage is carried out to form a happy and eternal family as a new stage of entering the real social life. Many things can happen in a marriage life. To avoid various problems in the future, the parties anticipate it by making a marriage agreement. Various problems that arise often result from the actions of the couple themselves for example, such as the desire of a husband who wants to have more than one wife or polygamy. With the marriage agreement, it is very helpful for the parties to resolve such problems because there is no agreement that the parties feel that they have been harmed because everything has been stated in the contents of the agreement. The problem is that there is a void of norms in Article 29 of the Marriage Law which regulates marriage agreements that do not explain how the rights of the wife occur in the case of polygamous marriages. This type of research is normative research. The type of approach used by legislation. The source of the legal material is primary legal material and secondary legal material. The legal collection technique is the technique of literature study and legal material analysis techniques, namely evaluation techniques and argumentation techniques. The results of the study indicate that there must be a joint agreement between husband and wife in making marriage agreements and by making a marriage agreement can protect the rights of wives who experience polygamy in their marriages.]]>
<![CDATA[Pengaturan Perjanjian Pengikatan Jual Beli Atas Rumah Tempat Tinggal Oleh Warga Negara Asing Dengan Berlakunya Peraturan Menteri Agraria Dan Tata Ruang Nomor 29 Tahun 2016 ]]>
<![CDATA[Made Utami Jayanti]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p11
<![CDATA[The enactment of Minister of Agrarian and Spatial Planning Number 29 of 2016 concerning Procedures for Granting, Releasing, or Transferring the Right to Ownership of Residential Houses by Foreigners Domiciled in Indonesia has not sufficiently accommodated the interests of Foreign Citizen while in Indonesia. This is evidenced by the lack of sufficient rules to protect the interests of foreign national while implementing a sale and purchase agreement on ownership of a residence during their domicile in Indonesia. This research is a normative legal research. Normative legal research consists of statute approach and legal concepts. The legal material collection technique was by using snowball techniques. The results of the study show that the regulation of residential property that can be owned by foreign nationals while domiciled in Indonesia is not sufficient to provide legal protection for foreign nationals in the event of losses, which require foreigners to pay for the shortage of the nominal purchase of a residential house due to the transition of legislation. The importance of establishing new legislation regarding the ownership of housing by foreigners during their domicile in Indonesia as an effort to realize legal protection for foreign nationals who have contributed to the development of the national economy. The Indonesian government should immediately make or amend the laws and regulation concerning the ownership of houses by foreigners. This must be done so as not to reduce the trust of foreign nationals to invest in Indonesia, which will certainly have an impact on the national economy.]]>
<![CDATA[PENCANTUMAN HAK OPSI PERPANJANGAN JANGKA WAKTU SEWA DALAM PERJANJIAN SEWA MENYEWA RUMAH (Studi Kasus Putusan Pengadilan Negeri Denpasar Nomor 467/Pdt.G/2014/PN.Dps) ]]>
<![CDATA[Anak Agung Dalem Jagat Krisno]]>;
<![CDATA[I Nyoman Sirtha]]>;
<![CDATA[Dewa Gde Rudy]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p01
<![CDATA[Indonesian Civil Code, Act Number 1 of 2011 and Government Regulations Number 14 of 2016 does not regulate firmly on the terms of the option rights. Whereas in practice, a lease agreement that includes an option lease term extension lease clause has generated a dispute between the parties in court. The formulation of the issues to be discussed in this thesis is 1). Is the Denpasar district court decision number 467 / Pdt.G2014 / PN.Dps in relation to the lease term extension option is in compliance with the principles of contract law? 2). What are the legal consequences of the extension of the lease term option in the lease agreement? The type of research in this thesis is normative legal research because it departs from the void norm in the Indonesian Civil Code, Act Number 1 of 2011 and Government Regulation Number 14 of 2016 is related to the option right to extend the lease term. The types of approaches used are legislation approach, legal concept analysis approach and case approach. Sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is done by document study. The technique of analysis of legal materials used is technique description, evaluation, and argumentation. The results of research on the issues studied are the court ruling that overrides the tenant's option rights is incompatible with the principle of contract law, the principle of pacta sunt servanda, the principle of good faith and the principle of propierty. The tenant has the option to extend the lease term as stipulated in the lease agreement and the exercise of the right option is done in good faith.]]>
<![CDATA[Kepastian Hukum Mekanisme Kerja Persekutuan Perdata Notaris Berkaitan Dengan pembuatan Akta ]]>
<![CDATA[Debora Natalia Christie Da Costa]]>;
<![CDATA[Steviedacosta &partners]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p07
<![CDATA[The Civil Partnership in UUJNP indicates that Notaries can form a forum for cooperation. As time goes by the Notary work system that runs the Notary civil partnership is still questionable its validity, due to the arrangement of the civil partnership as regulated in the provisions of Article 16 paragraph (1) letter (f) and Article 20 paragraph (1), Article 40 UUJNP and 1618 KUH Perdata, not yet completely perfect and there are still deficiencies in implementation. The formulation of the problem, What is the mechanism of work of the Notary who runs the Notary Civil Partnership related to the confidentiality of making the deed according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP? and Is a legitimate Instrumenter witness who previously testified in the making of a deed by a colleague of the Notary Civil Partnership then reused by another Notary Civil Partnership partner reviewed under Article 40 of the UUJNP ?. This research is Normative Legal Research. The results of the study conclude that the mechanism of the Notary's work that reflects the character of the Notary Profession related to the confidentiality of making a deed in carrying out the Notary Civil Partnership according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP there is still a vague legal norm and the validity of previous Instrumenter witnesses has testified in the making of a deed by a colleague of the Notary Civil Partnership and then reused by other Notary Civil Partnership partners reviewed according to Article 40 of the National Law on Legal Entity, there is still ambiguity or obscurity of legal norms.]]>
<![CDATA[Pemecatan Anggota Partai Politik Karena Menjadi Pengurus Organisasi Kemasyarakatan ]]>
<![CDATA[Gusti Agung Putri]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p12
<![CDATA[Members of have the right submitted by political parties as candidates for Legislative Assembly in accordance with what is meant by article 12 of Law Number 2 of 2008 jo Law Number 2 of 2011, that political parties have the right to nominate candidates to fill the membership of the Nation Assembly and the Regional Local Assembly in accordance with the legislation; propose a change of time between its members in the Nation Assembly and the Local Assembly in accordance with the legislation. Instead members of political parties must submit and comply with the provisions in Law No. 2 of 2008 jo Law No. 2 of 2011 and the articles of association and bylaws of political parties, accompanied by good sanctions from Law No. 2 of 2008 jo Law No. 2 of 2011 and sanctions on political party organizations. This means that members of a political party can be dismissed from their membership if they become members of other political parties. Substitution between time as a member of the House of Representatives is permitted as long as the interim replacement is in accordance with the prevailing laws and regulations, including participating as members of other Political Parties. Ishak Liputo is listed as the administrator of the Democratic National Community Organization which is not listed as a political party, but Isaac Liputo was replaced through a replacement between times because he was the administrator of a community organization. But in this case Ishak Liputo was fired because he had previously served as administrator of the National Democratic Community Organization before the Organization was officially inaugurated as a Political Party. Research shows the dismissal of Isaac Liputo from membership of the Golongan Karya Political Party because of being the administrator of the National Democratic Community Organization (Nasdem) in terms of Law No. 2 of 2008 jo Law No. 2 of 2012 concerning Political Parties is not appropriate, because: Ishak Liputo became the administrator of the Nasdem Mass Organization, which has not been in the form of a party, so it cannot be said to be a member of a political party. Liputo when warned by the Golkar Party's Management of his actions as a Nasdem administrator, has resigned, so he is no longer a Nasdem administrator.]]>
<![CDATA[Urgensi Pengaturan Syarat Insolvensi Dalam Undang-Undang Kepailitan dan Penundaan Kewajiban Pembayaran Utang ]]>
<![CDATA[Diana Surjanto]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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<![CDATA[The Law Number 37 in 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (The Law Number 37 in 2004) did not regulate insolvency requirement in determining the bankruptcy of debtors. Not surprisingly, bankruptcy decisions against debtors imposed by the Indonesian Commercial Court under the law were very disappointing for the business and investment in Indonesia, because debtors can be terminated without seeing their ability to settle debts. This was on the contrary to the universal philosophy of bankruptcy law, that only debtors who are already in an insolvency state can be declared bankrupt by the court after being requested to bankrupt the intended debtor. The purpose of this research was to know and analyze the relationship between bankruptcy and insolvency and also the regulation of insolvency terms in UUK-PKPU. The type of the research was normative law research, with the statute, conceptual, and comparative approach. The sources of legal materials used in this research were primary and secondary legal materials. The analysis technique of legal materials used analytical descriptive techniques. The result of the research obtained that bankruptcy and insolvencyhave a very close relationship where a person or legal entity should be declared bankrupt if the person or legal entity was insolvent. Urgency for the government to revise The Law Number 37 in 2004 that did not regulate insolvency requirement in determining the bankruptcy of debtors, so that justice, expediency, and legal certainty were created.]]>
<![CDATA[Pengaturan Kewenangan Kementerian Agraria/Kepala Badan Pertanahan Nasional Dalam Mekanisme Penyelesaian Sengketa Hak Atas Tanah ]]>
<![CDATA[Maria Seraphine Kartika Dewi]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p08
<![CDATA[In the provisions of Article 11 paragraph (4) PERMEN Agraria 11/2016 hasn’t clearly set about disputes and conflicts that aren’t the authority of the ministry and become the authority of other agencies. Based on the obscure norm, the problem is formulated: (1) How’s the regulation’s scope of the Ministry of Agrarian in the settlement of land rights disputes in Article 11 paragraph (4) PERMEN Agraria 11/2016?? and (2) how’s the effect of obscure norms of Article 11 paragraph (4) on dispute settlement which isn’t the authority of the ministry?. Used normative legal research, with the approach of legislation and conceptual approach. Legal material sourced from primary, secondary and tertiary law materials. Legal material is collected by snowball system techniques and analyzing legal materials using descriptive techniques and interpretation techniques. The results of this research: (1) Disputes and conflicts that aren’t the authority of ministries are disputes and conflicts already in the realm of criminal law and other institutions which is meant by the judiciary, the Indonesian police, the judiciary of Indonesia, and the law enforcement agencies that relevant; and (2) due to the obscure norms of Article 11 paragraph (4) there’ll be a change of legal relationship, so the legal basis of the settlement mechanism isn’t based on this rule, but the Penal Code.]]>
<![CDATA[Pemberian Hibah Berdasarkan Peraturan Gubernur Bali Nomor 2 Tahun 2017 Tentang Pedoman Pemberian Hibah Dan Bantuan Sosial ]]>
<![CDATA[Ira Damayanti]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p13
<![CDATA[This study discussed about provision of grants is based on governor regulation of Bali number 2 of 2017 on Guidelines for Grant and Social Assistance, focusing on the implementation arrangement based on related Governor regulation and its relations with Article Number 298 (5) on Law Number 23 of 2014, which has caused different interpretation about the grant provision arrangement implemented by Bali Provincial Government. The study is done by using normative legal research, along with several approaches, such as legislation approach, legal concept approach, as well as case-based approach utilizing primary an d secondary legal sources with combination of snowball technique and card system to obtain all laws and regulations related to the issue studied. The objective of this studyis to formulate solutiontothe conflicting norms in the existing legislation in order to provide legal certainty for the community. The study shows that grant provision arrangement implemented by Bali Provincial Government is based on Bali Governor Regulation, Provision which was formulated based on Regulation of the Minister of Home Affairs Number 14 Year 2016 on the Second Amendment to the Regulation of the Minister of Home Affairs Number 32 Year 2011. It is found that the source of the conflicting norm sinimplementing grant provision at Bali Province comes fom the inconsistency between those regulations because the afore mentioned Governor Regulation has arranged for a logical flow of grant provision to community organizations not listed in the ministerial decree in order to support cultural sustain ability and development in Bali.]]>
<![CDATA[Keanggotaan Notaris Dalam Organisasi Ikatan Notaris Indonesia: Mandatory Vs Voluntary ]]>
<![CDATA[Ida Ayu Kade Rienda Cintya Dewi]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p04
<![CDATA[There is a vague norm in the UUJN regarding the word "mandate" which is regulated by Article 16 paragraph (1) letter a of the UUJN if it is associated with the obligation of membership of a Notary as a member of INI organization. Based on the obscurity of these norms, the formulation of the problem is formulated, namely: (1) How is the regulation of the obligations of Notary Membership in INI according to the UUJN? (2) What is the sanction if a Notary is not a member in INI? The purpose of this writing is generally related to notary fields in legal studies relating to membership of notaries in INI. Based on these general objectives, the specific purpose is to find out and understand how to regulate the obligations for membership of Notaries in INI according to the UUJN; and to review and analyze how sanctions are if a Notary is not a member of INI. Normative legal research is used in this study which is carried out by a conceptual approach (Conceptual Approach) and the statutory approach (The Statute Approach). Primary, secondary and tertiary legal materials are used in this study as a source of legal material with legal material collection techniques using a single method namely literature study in normative legal research that is applied with the use of snow ball methods. This study provides results in the form of: (1) Notaries must become members of INI organization, as contained in the UUJN that notaries are obliged to act trustworthy. The act of trust is interpreted as something entrusted to the unity of people, which in this case is INI. Arrangements regarding notary membership obligations in INI are contained in the UUJN, the Notary Code of Ethics and the Constitutional Court Decision; and (2) Notaries who do not participate in INI membership receive sanctions in the form of written warnings, temporary terminations, respectful terminations, or dishonorable dismissals.]]>
<![CDATA[Kepastian Hukum Wilayah Jabatan Notaris Sebagai Pemegang Protokol Notaris Yang Berakhir Masa Jabatannya ]]>
<![CDATA[Putu Bellania Ariawan]]>
<![CDATA[ Acta Comitas Vol 3 No 2 (2018) ]]>
Publisher : <![CDATA[Universitas Udayana ]]>
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DOI: 10.24843/AC.2018.v03.i02.p09
<![CDATA[A notary is permitted to have a position in only one city / regency, but in relation to his office, the authority he has is in all provinces of the city / regency. In relation to the notary's office area, there is still legal uncertainty and obscurity in the legal norms contained in the provisions of Article 63 paragraph (4) of the UUJN and its implementing regulations, namely Article 7 and 8 of the Republic of Indonesia Law and Human Rights Minister's Regulation Number 27 of 2016 concerning Position Formation Notary and Determination of the Category of Regions related to the formation of the position area for the appointment of the first Notary who also acts as the recipient of the Notary protocol which ends his term. This research is a normative legal research, with a legislative approach, using primary and secondary legal materials that are carried out through literature review techniques, then analyzed using description and interpretation techniques. The results showed that, there was still a vague norm by not explaining whether the notary who was first appointed and at the same time appointed as the protocol holder of the notary who had ended his term of office could automatically enter the retired notary working area. When referring to Article 8 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 27 of 2016 concerning Formation of Notary Position and Determination of Regional Categories, then the notary who is first appointed can only be domiciled in the specified regional category.]]>
