16 research outputs found
Permasalahan Konsepsi Harta Bersama Dalam Kepemilikan Saham Perseroan Terbatas (Studi Kasus Putusan Nomor 80/Pdt.G/2020/PN.Jkt.Utr)
No full textA limited liability company as a legal entity adheres to the principle of a separate legal entity which creates the concept of limited liability of its shareholders. The existence of these two concepts automatically separates the assets of the limited liability company from the personal assets of its shareholders. Even though the shareholders are part owners of the limited liability company, the shareholders cannot claim the assets of the limited liability company. Shares acquired while in marital status can become joint property. However, the Indonesian Marriage Law does not provide special arrangements or mechanisms regarding the distribution of joint assets, so the Judge is given the mandate to decide on this matter. The research method that the author uses in writing this thesis is a normative legal research method that is juridical-normative in nature. Based on the author\u27s analysis, there are still misunderstandings, both among the Panel of Judges and the general public, regarding the conception of legal entity assets as being related to joint assets in marriage. So, the author suggests making further arrangements regarding joint assets, increasing socialization regarding marriage agreements, and writing in more detail regarding the list of joint assets in lawsuits
Eksekusi Objek Jaminan Fidusia sebagai Suatu Perbuatan Melawan Hukum: Tinjauan terhadap Putusan Pengadilan Negeri Medan Nomor 167/Pdt.G/2021/PN Mdn dan Putusan Pengadilan Tinggi Tanjung Karang Nomor 93/PDT/2022/PT TJK
No full textThe provisions for the execution of fiduciary security objects are regulated in Law Number 42 of 1999 on Fiduciary Security which allows fiduciary obligee to unilaterally execute fiduciary security objects based on the inherent executorial title which means execution can be directly exercised without going through a court and is final and binding on the parties. The Constitutional Court through Decision Number 18/PUU-XVII/2019 changed the meaning of the executorial title so that the execution of the fiduciary security certificate must be exercised and apply the same as the execution of a court decision that has permanent legal force, unless there is a willingness of the debtor to handing over the object of fiduciary security and there is an agreement about default. Through Decision Number 2/PUU-XIX/2021 the Constitutional Court restated its view. This study intends to reviewing the execution of fiduciary security objects as an unlawful act in Decision Number 167/Pdt.G/2021/PN Mdn and Decision Number 93/PDT/2022/PT TJK. The form of this research is juridical-normative which is descriptive-analytical and uses a qualitative approach as a research method. The results of this study found that the execution of fiduciary security objects where there are objections from the debtor to handing over the fiduciary security objects is an unlawful act
Kepastian Hukum Perjanjian Perkawinan yang Tidak Didaftarkan (Studi Kasus Putusan Pengadilan No.449/PDT/2016/PT.BDG)
No full textA marital agreement is made to abolish the joint assets between husband and wife. The marital agreement was also made to protect personal assets and facilitate the management of matrimonial assets. The marital agreement must be stated in a notarial deed in written form attended by the parties and witnesses. After issuing the marital agreement deed, it must be registered by the marriage registrar at the Office of Religious Affairs or the Department of Population and Civil Registration to reach the perfect procedures. The registration of marital agreements is an implementation of a publicity principle in Article 29, paragraph (1) of the Marriage Law. However, in practice shows that many parties did not register their marital agreement with the marriage registrar. In this study, the author will analyse Decision No.449/PDT/2016/PT.BDG by considering the provisions in the Civil Code, the Marriage Law, the Constitutional Court Decision Number 69/PUU-XIII/2015, and other related laws. The problems with Decision No.449/PDT/2016/PT.BDG are the embodiment of the judge\u27s decision regarding the existence of joint property between husband and wife which contains a marital agreement in it. Therefore, the author has an interest in knowing the legal certainty of a marital agreement that is not weakened and an analysis of the granting of the existence of joint assets while it is known that there is a marital agreement in Decision No.449/PDT/2016/PT.BDG. In conducting research, the authors use research methods with normative juridical forms. The results of the study show that the marital agreement remains a valid agreement as a statute to the parties who make it even though the marital agreement has never been a marriage registrar. Thus, with the validity of the marital agreement, there should never have been an of assets between husband and wife
Akibat Hukum Praktik Surogasi: Suatu Tinjauan Perbandingan
No full textThis journal seeks to analyze how the legal consequences of the practice of surrogacy in Indonesia, which has no regulation, compared to other countries. This journal is organized using the doctrinal research method. Womb rental agreements are a practice of Assisted Reproductive Technology that aims to help couples who want to have offspring but are unable to do so due to infertility. In Indonesia, uterine leasing agreements are considered invalid by law and contrary to public order and decency in society. In addition, Indonesia itself does not have a clear regulation regarding the practice of uterine leasing, so the analysis uses existing provisions such as the legal system of lease agreements and employment agreements. The legal consequences of children born from surrogacy in Indonesia are also unclear, especially in determining the status and inheritance rights of the child. Therefore, it is necessary to find out how the regulation of surrogacy in Indonesia and abroad, namely India and England, and how the differences between the two. After conducting research, the author concludes that India and the UK have good regulations, with their respective laws governing surrogacy. In addition, both now prohibit commercial surrogacy and only allow altruistic surrogacy. The inheritance rights granted by the two countries also differ between the two, which are based on by law and by the court
Peleburan terhadap Hukum Waris Perdata Barat dalam Penyelesaian Sengketa Kewarisan Menurut Hukum Waris Adat Batak Berkaitan dengan Kedudukan dan Hak Ahli Waris Perempuan (Studi Kasus Putusan)
No full textThis paper is prepared with doctrinal research methods and focuses on the applicability of Batak customary inheritance law by analyzing how to resolve inheritance disputes that occur in Batak families today, whether the Judges still applies the provisions of Batak customary inheritance law in full, which only gives inheritance shares to sons, or also heeds the shift in the value of patrilineal customary inheritance that gives inheritance shares to daughters based on rules Supreme Court Jurisprudence Law No. 179 K/SIP/1961 which equates the position and rights of women and men in the patrilineal customary inheritance system. The consideration of the Judges who equalize the position of heirs, and divide the proportion of inheritance fairly and equitably, is not necessarily a form of integration of Batak customary inheritance law to the western conception of civil inheritance law which in principle does not distinguish the position and rights of heirs according to sex. The Judges continues to apply Batak customary inheritance law to litigant families by heeding the shift in the value of patrilineal customary inheritance, by also giving a share of inheritance to daughters, because the patrilineal kinship system adopted by Batak indigenous peoples is binding for generations and cannot be changed wherever the Batak indigenous people live
Eksekusi Jaminan Fidusia: Suatu Perbandingan Hukum Dengan Fixed and Floating Charge di Singapura
No full textFiduciary security in Indonesia grants creditors direct execution rights over collateral based on an executorial title. However, following Constitutional Court Decision No. 18/PUU-XVII/2019 in conjunction with No. 2/PUU-XIX/2021, creditors may no longer execute unilaterally if the debtor disputes the default or refuses to surrender the collateral. This study aims to analyse the legal issues arising from the Court’s decision and to compare them with the enforcement mechanisms of fixed and floating charges in Singapore, which are governed by the IRDA 2018, CLPA 1886, Bills of Sale Act 1886, and Companies Act 1967. Using a doctrinal legal method and comparative law approach, the research finds that Indonesia’s legal framework prioritises debtor protection through judicial oversight but lacks objective limits on debtor objections, making it susceptible to abuse. In contrast, Singapore imposes strict formal requirements and timelines for debtor resistance, while preserving the creditor’s contractual enforcement rights. The comparison highlights the need for regulatory reform in Indonesia to ensure a balanced approach between legal protection and execution efficiency
Tinjauan Yuridis Terhadap Pembatalan Sepihak oleh Pembeli dalam Perjanjian Jual Beli Melalui Marketplace dengan Sistem Pembayaran Cash On Delivery
No full textThe rapid development of technology often creates new problems. One of them is an event where the buyer refuses to pay for an order package made through a marketplace with a cash on delivery payment system where this event can make the seller suffer a loss. The research method used is normative juridical research by analyzing reading materials and laws and regulations related to the nature of analytical descriptive research. Data collection uses secondary data consisting of primary legal materials, namely legislation and secondary legal materials, namely books, journals, and articles related to primary legal materials. The results of the research show that the validity of the sale and purchase agreement through the marketplace with the cash on delivery payment system is legal as it fulfills Article 1320 of the Civil Code. The arrangements regarding the terms and conditions related to the cancellation of electronic buying and selling with the cash on delivery payment system regulated by several marketplaces in Indonesia, namely Shopee, Bukalapak, Tokopedia, and Lazada have different provisions. However, in essence, if the delivery of goods in an electronic sale and purchase agreement with a cash on delivery payment system has been carried out, the buyer\u27s obligation to pay the price of the goods must be fulfilled. If there is a discrepancy in the goods, then the goods can be returned after the sale and purchase agreement is fulfilled
Penetapan Pengampuan Berdasarkan Putusan MK No. 93/PUU-XX/2022 dan UU No. 17 Tahun 2023 Tentang Kesehatan
No full textCuratele is a legal determination applied to individuals unable to manage their own needs and interests, designates them as legally incompetent. Despite its intent, the curatele system faces challenges due to misuse, resulting in violations of the rights of those placed under curatele. Governed by Article 433 of the Civil Code, curatele underwent significant changes following Constitutional Court Decision No. 93/PUU-XX/2022. This decision rendered curatele is now no longer a necessity, but rather can be, for individuals with conditions such as dungu, sakit otak, and mata gelap, provided these conditions aren\u27t interpreted as indicative of mental or intellectual disability. This research analyzes how the provisions of the determination have changed since the Constitutional Court Decision No. 93/PUU-XX/2022 and Law no. 17 of 2023 concerning Health. The analysis extends to the legal standing of subjects under curatele, considering both Civil Law and Islamic Law perspectives. Next, there will be an analysis of Constitutional Court Decision No. 93/PUU-XX/2022 and new legal problems that arise as a result of this decision. Then, we will discuss the pardon arrangements in Law no. 17 of 2023, when compared with Constitutional Court Decision No. 93/PUU-XX/2022 and Law no. 18 of 2014 concerning Mental Health
Perbandingan Kedudukan Surat Wasiat Dalam Hukum Kewarisan KUHPerdata Indonesia dan Hukum Kewarisan Singapura (Studi Kasus: Putusan No. 43/Pdt.G/2020/PN Mdn, Putusan No. 194/Pdt.G/2022/PN Amb, dan Putusan UWF v UWH [2020] SGHCF 22)
No full textRoyalti Sebagai Harta Bersama dan Akibat Hukumnya Dalam Perceraian
No full textThis study examines the legal status of royalties as legal objects in the context of intellectual property law and family law, particularly as part of community property in marriage. Royalties represent the economic rights derived from copyright, which are intangible, transferable, pledgeable, and inheritable, yet remain special and personal (sui generis) to the creator. The absence of explicit regulation within Indonesia’s positive legal framework creates legal uncertainty, especially concerning the division of community property after divorce. This research aims to analyze the legal status of royalties as property objects and marital assets, as well as to assess the legal considerations in Religious Court Decision No. 1622/Pdt.G/2023/PAJB. The research uses a normative juridical method through literature review and case analysis. The findings analyze the panel of judges’ legal reasoning in the decision regarding the existence of royalties as legal property objects, community property within marital law, and the inherent rights attached to royalties as objects of intellectual property law. The study also recommends the formulation of regulations governing the division of royalties as marital property and emphasizes the importance of prenuptial agreements to prevent future disputes
