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All Journal Unes Law Review Jurnal Hukum Adigama
Marcelino Valentin
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PENAFSIRAN HAKIM TERHADAP ALASAN SALAH SANGKA SEBAGAI PENYEBAB .PEMBATALAN SUATU PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG.PERKAWINAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 981/Pdt.G/2020/PA.BTL) Marcelino Valentin; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17976

Abstract

Marriage cancellation can be done if a marriage does not meet the marriage requirement. Article 27 paragraph (2) of Marriage Law states that the reason for the cancellation of marriage is the existence of misunderstanding regarding the husband or wife. In this writing this law analyzes using legal construction or analogy. In analogy, different but similar, similar, or similar events arranged in law are treated equally. In this writing the result is that homosexual can be the reason for the cancellation of marriage because of a mistaken opinion about the husband. This is done using the method of legal discovery with legal construction argumentum per analogiam on the judge’s decision that grants the cancellation of marriage because the spouse is a bisexual. The legal consequences of the cancellation of marriage result in a relationship between husband and wife, the position of the child, and shared assets. Regarding the relationship between husband and wife, after the existence of a court decision with permanent legal force, marriage is deemed to have never existed, then the child remains a legitimate child and remains the responsibility of both parents. Regarding the joint assets, the agreement between the two parties, the sharing of shared assets must not harm the well-intentioned parties, however, those with good intentions must benefit, even those with bad intentions must bear all losses.
KEDUDUKAN KEJAKSAAN DALAM PENEGAKAN HUKUM DI BIDANG PASAR MODAL (STUDI KASUS PT. ASURANSI JIWASRAYA) Marcelino Valentin
UNES Law Review Vol. 5 No. 3 (2023): UNES LAW REVIEW (Maret 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i3.450

Abstract

Attorney is Indonesia government institution who has a duty which regulated in Indonesia Constitution. In this case the attorney authorized to monitoring the activity in capital or stocks markets. Capital markets is one of the key instrument for Indonesia economical growth which is important, but in the Capital markets activity sometimes there’s a things that can make a negative impact and cause a violation of law like fraudulency, embezzlement, forgery, information disclosure and even corruption and the example in Indonesia is PT. Jiwa Sraya Insurance case. Then Indonesia government formed the institution who has a authority to monitoring and organizing capital markets activity including attorney in that. This things is the reason for a writer to make a research about attorney position in law enforcement on a capital markets activity. About how the problems arise in capital markets case with PT. Jiwa Sraya insurance as an example. This research have a purpose to understanding and analyzing the attorney authority and the regulation for capital markets in Indonesia based on Indonesia Constitution 8 of 1995 about capital markets, Indonesia constitution No 20 of 2001 and No. 19 of 2019 about corruption crime.
Co-Authors Gunawan Djajaputra