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Saptanti, Noor
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THE LEGAL FORCE OF IMPLEMENTING SEMA NUMBER 2 OF 2023 REGARDING INTERFAITH MARRIAGES BASED ON THE PERSPECTIVE OF LEGAL CERTAINTY Pulungan, Muhammad Al Faisal; Pujiyono, Pujiyono; Saptanti, Noor
JURNAL DARMA AGUNG Vol 32 No 3 (2024): JUNI
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v32i3.4381

Abstract

In general, everyone wishes to marry someone of the same faith so they can build and nurture a family with the same religion. However, in reality, interfaith marriages often occur in society due to unlimited human interactions and socialization, especially because Indonesia is a diverse country with many religious followers. The fact is, all religions in Indonesia prohibit interfaith marriages. In Law Number 1 of 1974 concerning marriage, Article 2 paragraph (1) states that "marriage is legitimate if carried out according to the laws of each respective religion and belief." This implies that a legitimate marriage must be conducted according to the same religion and belief, not different ones. However, there are still instances where some district courts grant applications for interfaith marriages. In Constitutional Court Decision Number 68/PUU/XII/2014, the Constitutional Court firmly rejected interfaith marriages, and the Supreme Court also issued SEMA Number 2 of 2023 regarding Guidelines for judges in adjudicating cases of applications for registration of marriages between people of different religions. Despite the clear prohibition, interfaith marriages continue to occur.
Controversy Over The Rejection Of Interfaith Marriage Approval: Between The Circular Of The Supreme Court And The Population Administration Law In Indonesia Ahmad Ridwan, Nur; Pujiyono, Pujiyono; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.753

Abstract

This article aims to review the tension between the Supreme Court Circular Number 2 of 2023 regarding Guidelines for Judges in Adjudicating Cases of Registration of Marriages between Different Religious and Belief Communities (SEMA) and Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration (Adminduk Law), which creates a contradictory situationregarding interfaith marriages. Interfaith marriages havesparked controversy because they are not explicitly accommodated in Law Number 1 of 1974 concerning Marriage. As a result, parties involved in legal disputes face difficulties in navigatingthe applicable regulations. This article is a normative research with a conceptual approach. The research results indicate a conflict between SEMA and the Adminduk Law regarding interfaith marriages in Indonesia, creating inconsistency in legal regulations. SEMA, as a Supreme Court guideline, suggests rejection of approval, while the Adminduk Law allows it with court determination as a condition. Hans Kelsen's Stufen theory shows a legal hierarchy, with theAdminduk Law above SEMA. However, the inconsistency between the two poses challenges in achieving legal certainty and balancing diversity. The implementation of the Stufen Theory inIndonesia involves a hierarchy of regulations, with SEMA included as a type of regulation.Although SEMA applies in the judiciary, debates surrounding the rejection of interfaithmarriages highlight the inconsistency with the Adminduk Law.
Legal Certainty Of The Rights Of Children Born Out Of Wedlock To Their Biological Fathers Wahyu Fitria, Nabila; Suryono, Arief; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.772

Abstract

Children are both a divine gift and a solemn duty bestowed by the Supreme Being. Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage, distinguishes between two categories of child status. Article 2 pertains to legitimate children, while Article 43 addresses children born out of wedlock. Illegitimate children are commonly used to refer to children born outside of marriage in a broader context. They are born due to a extramarital relationship between a woman and a man. The relationship between the two is biological, without legal recognition, such as a marriage officially registered by the state. Facing issues surrounding the existence of illegitimate children, According to Article 43 of Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage, it is stated that individuals do not possess a formal legal bond with their biological father. The impact is that they do not receive financial security, education, or inheritance rights. In addition, society tends to assess children born out of marriage negatively, considering them different from legitimate children. If the child is legally recognized as illegitimate, then the family relationship is civilly terminated; for the child, they are only bound to his mother. This situation causes discrimination against the legal entitlements of children born out of wedlock. This article explores legal clarity on the rights of children born from extramarital partnerships. The author uses a normative methodological approach in this research, utilizing secondary data and data collection strategies such as document studies, theoretical ideas, and existing principles. Data analysis in this research involves deductive analysis using a statutory approach and conceptual framework.
Legal Validity Of Power Of Attorney To Sell Which Is Preceded By A Sale And Purchase Binding Agreement On The Transfer Of Land Rights (Sales And Purchases) Aulia Rahma, Anisa; Suryono, Arief; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.792

Abstract

This research aims to examine and analyze the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Deed of Sale and Purchase if the person giving the power of attorney dies. This research uses normative research methods, is perspective-based, uses a statue approach and a conceptual approach conceptual approach, and the types and sources of data used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out through literature studies and interviews, and qualitative data analysis techniques are used. The results of this research show that the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Sale and Purchase Deed if the person giving the power of attorney dies is still valid and legal, so that the buyer has legal certainty to carry out the Transfer of Land Rights with reference to the Deed of Sale and Purchase Agreement and Power of Sale. The power of attorney to sell given by the seller to the buyer is a power of attorney that cannot be withdrawn or terminated for any reason. So if all the requirements have been fulfilled, then the process of making a sale and purchase deed can be continued before the PPAT, and transferring the name of the certificate at the land office should proceed as it should even if the person giving the power of attorney (the seller) dies.
Implications Of Electronic Integrated Mortgage Rights Registration If The Guarantee Owner Dies Happylenia Prasetya, Christina; Jamin, Mohammad; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.794

Abstract

Service public-based technology from the Mortgage Rights system electronic expected can give convenience for user system that, will but in its implementation Not yet walk in a way maximum. Problems arise if the owner guarantee dies during the mortgage​​ in a way electronically registered. This Study’s objective is to know the implications of Integrated Mortgage Rights registration​ in a way electronically if the owner guarantee dies. Study This is study law normative. Data used in the study This is secondary data. Collected data is then analyzed in a way descriptive qualitative with the use statute approach or approach legislation. Research results this if the owner guarantee died when the Mortgage Rights were registered in a way electronics, cause Number Identity Population owner guarantee in system Registration of Mortgage Rights No registered. This matter is causing mortgage rights not to be born. Because the creditor​ did not get guarantee certainty law when the Deed Granting Mortgage Rights was already signed through a power of attorney to impose mortgage rights because the APHT cannot registered to the Land Office.
Notary’s Legal Liability for Deeds Declared Null and Void Almira Rahma, Ardita; Pujiyono, Pujiyono; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.800

Abstract

Notary is a public official authorized to make authentic deeds. The authority of a Notary in making authentic deeds is the authority granted by the Notary Position Law as stipulated in Article 15 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position. Notarial deeds have perfect evidentiary power, which means that as long as no defects and untruths are found in the deed, the judge must be convinced and believe in the deed. However, if a dispute arises against the authentic deed, then the deed can be canceled or null and void. In carrying out his official duties towards an authentic deed he made, Notary is charged with a responsibility. So that if a deed is declared null and void, the Notary can be held accountable. This research is normative legal research, using library techniques and document studies to collect legal materials. analysis of legal materials in this study using deductive analysis. The results of this research show that, the form of Notary's responsibility for deeds declared null and void can include, civil responsibility, criminal responsibility and administrative responsibility.
The Forms Of Notary Public Responsibilities Regarding False Statements In Land Deed Making Fitri Nabilah, Hasna; Saptanti, Noor; Mayastuti, Anti
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.803

Abstract

A Notary Public, as a public official authorized to create deeds related to land, must have specific expertise in the field of land to ensure that the deeds created do not cause issues in the future. If problems arise due to negligence on the part of the Notary Public, the deed may only have legal validity as an underhand deed. The purpose of this study is to identify the forms of accountability for Notary Publics for their negligence in creating land sale deeds based on false information. This research employs a normative legal research method to examine and analyze legal norms and the Verdict of the District Court Number 51/Pid.B/2022/PN.Bla. The findings of this research are the forms of Notary Public responsibility for deeds annulled by the court related to the case in this study, including: a) administrative sanctions, such as article 13 of Ministerial Regulation of ATR/BPN No. 2/2018, which involves temporary suspension for up to 1 (one) year and imposition of administrative fines; b) civil sanctions, such as Article 1365 of the Civil Code, which involves reimbursement of costs, compensation, and interest; and c) criminal sanctions, such as article 263 of the Penal Code (forgery of documents) carrying a maximum prison sentence of six years, and Article 264 paragraph (1) of the Penal Code (forgery of authentic deeds) carrying a maximum prison sentence of eight years.
LEGAL CONSEQUENCES OF THE JUDGE'S DECISION ON BIOLOGICAL CHILDREN FROM SIRI MARRIAGE Ramadhani, Titania Isyani; Harahap, Burhanudin; Saptanti, Noor
JURNAL DARMA AGUNG Vol 32 No 5 (2024): OKTOBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v32i5.4807

Abstract

Children born from a siri marriage can apply for the origin of children to obtain legal protection, as is the application for determination of the origin of children from siri marriage in the Karawang Religious Court Number: 440/Pdt.P/2023/PA.Krw. This raises the legal consequences between the biological father and the biological child determined by the Judge. The purpose of this study is to examine the legal consequences of the judge's determination of biological children from a siri marriage. The research used is normative legal research. The results of the study found that children from siri marriage who are determined as biological children should get the following rights: right to have an identity; right to sustenance and maintenance in the form of right to obtain education, health services, and obtain welfare; and inheritance rights through mandatory will. The obligation of the biological father to the biological child should be determined as sociologically obliged to protect the biological child so that the child is guaranteed and fulfilled the rights of the child so that the child can live, grow and participate optimally according to the dignity of humanity and get protection from violence and discrimination, the child becomes quality, good personality, and prosperous.
Recognition as Evidence that Determines the Validity of the Sale and Purchase of Land and Buildings (Case Study: Case No. 1298 K/PDT/2022) Pangarso Wicaksono, Adhiputro; Saptanti, Noor
Activa Yuris: Jurnal Hukum Vol. 3 No. 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.15630

Abstract

Disputes can occur because of misunderstandings, differences of opinion, defense of interests, rights and obligations that are not fulfilled, and one party feels disadvantaged. One of the evidence in the dispute or case of the validity of the sale and purchase of land and buildings is recognition. This study aims to find out and analyze the application of the Civil Procedure Proof System, especially evidence of recognition. This research is a normative study using a case approach and deductive analysis. The legal material used is primary legal material in the form of a court decision and relevant laws and regulations. The results showed that in the case of the Plaintiff as the seller of land and the building as mentioned in the sale and purchase deed denied the sale of land and his building, but because in the lawsuit the Plaintiff admitted that he had received money from the buyer (Defendant I), the sale and purchase was considered valid with all legal consequences
Legal Position of Making a Deed of Sale and Purchase Binding Agreement (PPJB) That Does Not Comply with the Material Requirements Abdon Longginus Michael Maku; Kusumo, Ayub Torry Satriyo; Saptanti, Noor
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.254

Abstract

This study aims to determine how a deed is said to be in accordance with formal and material requirements and what are the legal consequences and legal status of a deed that does not comply with formal and material requirements. This study is a Normative Research with a Conceptual Approach. The legal materials used are primary legal materials in the form of the Civil Code, Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, secondary legal materials in the form of books, articles and related journals. While the data analysis method used is qualitative. The results of this study are that a Notarial deed including a Deed of Sale and Purchase Agreement must meet the requirements in Article 1320 of the Criminal Code and Article 38, Article 39, and Article 40 UUJN. The results of the second discussion are that a deed that does not meet the requirements of Article 1320 of the Criminal Code, Articles 38,39 and 40 UUJN has the same evidentiary force as a private deed.
Co-Authors Abdon Longginus Michael Maku Adi Sulistiyono Ahmad Ridwan, Nur Albertus Sentot Sudarwanto, Albertus Sentot Almira Rahma, Ardita Anti Mayastuti Arief Suryono Aulia Rahma, Anisa Ayub Torry Satriyo Kusumo Burhanudin Harahap Diana Tantri Cahyaningsih Dona Budi Kharisma, Dona Budi Fitri Nabilah, Hasna Hafiza, Nurul Happylenia Prasetya, Christina Mohammad Jamin Pangarso Wicaksono, Adhiputro Pujiyono Pujiyono Pulungan, Muhammad Al Faisal Rachma Indriyani, Rachma Ramadhani, Titania Isyani Tuhana Tuhana Wahyu Fitria, Nabila Yudho Taruno Muryanto