Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision
), KN Sofyan Hasan(2), Muhammad Syaifuddin(3)
(1) Faculty of Law Sriwijaya University, Palembang, Indonesia
(2) Faculty of Law Sriwijaya University, Palembang, Indonesia
(3) Faculty of Law Sriwijaya University, Palembang, Indonesia
Corresponding Author
Abstract
Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.
Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.
Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.
Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.Keywords
DOI
10.47268/sasi.v29i1.1291
Published
2023-03-11
How To Cite
@article{SASI1291,
author = {Jumanah Jumanah and KN Hasan and Muhammad Syaifuddin},
title = {Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision},
journal = {SASI},
volume = {29},
number = {1},
year = {2023},
keywords = {Reconstruction; Law; Auction; Joint Property},
abstract = {Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.},
issn = {2614-2961}, pages = {151--164} doi = {10.47268/sasi.v29i1.1291},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1291}
}
Journal Article
Atmaja, D. G, "Legal Principles in the Legal System," Journal of Kertha Wicaksana, Vol. 12, No. 2, (2018): 146.
Dwisvimiar, I, "Justice in the perspective of philosophy of law," Journal of Legal Dynamics 11, no.3, (2011): 503-511.
Faizal, L, “Joint assets in marriage,” Journal of Ijtima'iyya 8, no.2, (2015): 78-101.
Hayat, "Justice as a rule of law principle: A theoretical review in the concept of democracy," Journal of Padjadjaran Law Sciences 2, no.2, (2015): 389-408.
Kurniawan, M. B, "The legal politics of the Constitutional Court regarding the status of children out of wedlock: Application of progressive law as a protection of children's human rights," Journal of HAM 8, no.1, (2017): 67-78.
Luthan, S, "Legal & moral dialectics in the perspective of legal philosophy," Ius Quia Iustum Journal 4, no.19, (2012): 506-523.
Mesraini, "The concept of shared property & its implementation in religious courts," Ahkam Journal 12, no.1, (2012): 59-70.
Mursyid, "Ijtihad of judges in settling joint property cases at the Banda Aceh Sharia Court," Ar-Raniry: International Journal of Islamic Studies 1, no.2, (2014): 317-346.
P. Panjaitan, S, "Reconstruction of the Principles of Justice in Administering Government Contained in Norms Regarding Licensing Authority in the Investment Sector," MMH. Volume 42, No. 3, (2013): 310-316.
Prayogo, R. T, "Application of the Principle of Legal Certainty in Supreme Court Regulation No. 1, 2011 concerning the Right to Judicial Review and in the Regulation of the Constitutional Court Number 06/Pmk/2005 Concerning Guidelines for Proceedings in the Guidelines for Reviewing the Law," Journal of Indonesian Legislation, Vol. 13, No.2, (2016): 194.
Rochaeti, E, "Juridical analysis of joint property (Gono gini) in marriage according to Islamic law & positive law," Journal of Legal Insights 28, no.1, (2013): 650-661.
Rosadi, E, "Justice judge's decision," Badamai Law Journal 1, no.1, (2016): 381-400.
Surihayanto, B, "The existence of law formation by judges in the political dynamics of legislation in Indonesia," RechtsVinding Journal 4, no.3, (2015): 413-430.
Wijayanti, W, "The position of the wife in the distribution of joint assets due to the breakup of marriage due to divorce related to bank secrecy," Journal of the Constitution 10, no.4, (2013): 710-730.
Book
Arinanto, S. et al. Human rights law. Fifth Printing. Yogyakarta: PUSHAM UII, 2015.
Ashidiqqie, J. Introduction to constitutional law. Fourth printing. Jakarta: Raja Grafindo Persada, 2014.
Dyah Ochtorina Susanti and A'an Efendi. Legal Research (Legal Research). Jakarta: Sinar Graphics, 2015.
Mokhammad, N. The Politics of Criminal Law Renewal Conception of Criminal Law in the Aspiration of the Rule of Law. Malang: Setara Press, 2014.
Nasution, B. J, The rule of law and human rights. Bandung: Mandar Maju., 2013.
Purnama Tiora Sianturi, Legal Protection for Buyers of Immovable Guaranteed Goods Through Auctions. Bandung: Mandar Maju, 2013.
Qamar, N. Human Rights in a Democratic Law State Human Rights in Democratiche Rechstaat. Jakarta: Sinar Graphics, 2013.
Rosnidar Sembiring. Family Law of Property in Marriage. Medan: Rajagrafindo Persada, 2016.
Subekti, & Tjitrosubidio, Civil Code (Burgerlijk Wetboek) and Law no. 1 of 1974 . Jakarta: Pradnya Paramita, 2013.
Sugianto, F. Economic Analysis OF Law. Jakarta: Kencana, 2013.
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1. Proceedings of the 1st Brawijaya International Conference on Business and Law (BICoBL 2022)
Catarina Manurung, Suhariningsih, Siti Hamidah, Hero Samudra
ISBN: 978-94-6463-214-9 first page: 42 year: 2023
Type: Book [View Source]
Copyright (c) 2023 Jumanah Jumanah, KN Sofyan Hasan, Muhammad Syaifuddin
License URL: https://creativecommons.org/licenses/by-nc/4.0
Cited-By:
1. Proceedings of the 1st Brawijaya International Conference on Business and Law (BICoBL 2022)
Catarina Manurung, Suhariningsih, Siti Hamidah, Hero Samudra
ISBN: 978-94-6463-214-9 first page: 42 year: 2023
Type: Book [View Source]
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