Husband and Wife. Rights and Liabilities of Husband as to Third Party. Liability of Husband for Wife's Necessaries When He Has Furnished Her with Money

1930 ◽  
Vol 43 (6) ◽  
pp. 961
Keyword(s):  
Third Party ◽  
Husband And Wife

scholarly journals PEMBAHARUAN HUKUM PERJANJIAN PERKAWINAN DAN AKIBAT HUKUMNYA TERHADAP HARTA DALAM PERKAWINAN

2018 ◽  
Vol 33 (3) ◽  
pp. 365
Author(s):  
Rilda Murniati
Keyword(s):  
Legal Status ◽  
Third Party ◽  
Constitutional Court ◽  
Marriage Law ◽  
Personal Property ◽  
Legal Provisions ◽  
Test Suit ◽  
Ownership Rights ◽  
Legal Consequences ◽  
Husband And Wife

Every marriage will give birth the union of assets that can be obtained by husband and wife during the marriage if not excluded by the marriage agreement. However, the Marriage Law explicitly and clearly stipulates that the marriage agreement must be made before the marriage takes place or at the time the marriage takes place. The existence of these legal provisions, in fact, is not entirely known by every prospective husband and wife and raises new problems related to land law that limits ownership rights to land and buildings for Indonesian citizens who marry other citizens without marriage agreements. This is the reason for the birth of a material test suit against the provisions of the Marriage Law contained in the Decision of the Constitutional Court No. 69 / PUU-XII / 2015. This decision forms the basis and legal basis for new arrangements as a source of legal renewal on the procedures for marriage agreements and their legal consequences for joint assets acquired in marriage. The born of legal renewal is the marriage agreement that can be made any time during the marriage in the form of an authentic deed at the notary and can be retroactive from the date the marriage takes place as long as the husband and wife agree and bind as a law to the parties. For this reason, the legal consequences of the legal status of joint assets acquired during marriage are the personal property of each husband and wife and their contents are binding on third parties as long as the third party has an interest.

scholarly journals IMPLIKASI YURIDIS PERJANJIAN PERKAWINAN YANG DIBUAT SELAMA DALAM IKATAN PERKAWINAN TERHADAP UTANG BERSAMA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015

2018 ◽  
Vol 26 (1) ◽  
pp. 95
Author(s):  
Priesty Yustika Putri ◽  
Prija Djatmika ◽  
Dhiana Puspitawati
Keyword(s):  
Third Party ◽  
Constitutional Court ◽  
Debt Repayment ◽  
The Concept Of Law ◽  
Joint Property ◽  
Husband And Wife ◽  
Concept Of Law

Under the provisions of Article 29 of Law Number 1 Year 1974 on Marriage, a marriage agreement may only be made before or at the time of marriage. However, after the Decision of the Constitutional Court Number 69/PUU-XIII/2015, marriage agreements may also be made during the period of marriage ties. The making of this marriage agreement certainly affects the joint property of husband and wife obtained in the marriage period before the marriage agreement is made. Including if the couple also has a debt together. This then raises problems related to debt settlement. The purpose of this study is to determine the juridical implications of marriage agreements made during the marriage bonds to the joint debt post-Decision of the Constitutional Court. This research is classified as normative juridical research using the concept of law and conceptual. The results of the study show that after the Decision of the Constitutional Court Number 69/PUU-XIII/2015, which stipulates that a marriage agreement may be made during the period of marriage bonds related to the responsibility of the joint debt repayment arising prior to the marriage agreement, the settlement may be contracted as per the second agreement the husband and wife. This is because there are no rules that prohibit the existence of such clauses to be set forth in the marriage agreement. However, if a marriage agreement in which the settlement of the joint debt will result in harm to a third party then the marriage agreement is not allowed, as regulated in Article 29 paragraph (4) Act 1/1974.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

scholarly journals Issues on intellectual property as a jointly acquired property

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Marina Abu Bakar ◽  
Noor Asyimah Ramli ◽  
Saad Gomaa Gomaa Zaghloul ◽  
Ahmed Ramadan Mohamed Ahmed ◽  
Meryem Abous ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Married Couple ◽  
Physical Property ◽  
Third Party ◽  
Analysis Process ◽  
Library Research ◽  
Legal Perspective ◽  
Islamic Jurisprudence ◽  
Exclusive Right ◽  
Husband And Wife

Jointly acquired property is property obtained during the marriage of a husband and wife generated from their collective resources or efforts. However, in this era of digitilization, the cases on jointly acquired property has changed from a physical property to an intellectual property. Therefore, the cases on jointly acquired property should also include matters related to intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife, this property can be contested by a third party. In fact, a fatwa (Islamic legal ruling) in Kelantan has legalize such application. As a consequence of this issue, this research aims to study the concept of intellectual property in term of jointly acquired property and analyze the issue of intellectual property according to Islamic and legal perspective. This study is a qualitative  research with data collection done through library research particularly referring to classical books and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa in Kelantan and jointly acquired property cases in Syariah Court. Content analysis approach has been applied in data analysis process.

scholarly journals Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015

2021 ◽  
Vol 2 (1) ◽  
pp. 207-211
Author(s):  
Putu Trisna Witariyani ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Court Decision ◽  
Constitutional Court ◽  
The Third ◽  
The Third Party ◽  
Legal Consequences ◽  
Husband And Wife

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

scholarly journals PROBLEMATIKA KELUARGA DENGAN POLA KARIR GANDA (Studi Kasus di Wilayah Mangir, Sendangsari, Pajangan, Bantul, Yogyakarta)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Nur Endah Januarti *
Keyword(s):  
Family Background ◽  
Career Path ◽  
Third Party ◽  
Dual Career ◽  
Career Patterns ◽  
Research Subjects ◽  
Structured Interviews ◽  
Family Patterns ◽  
The Family ◽  
Husband And Wife

Problematic families with dual career path describes the life patterns of families with dual careers or families with a composition of husband and wife who are both working. Case studies conducted in the Territory Mangir, Sendangsari, Displays, Bantul, Yogyakarta. This study aims to: 1) Knowing the family background with dual career path to choose multiple career patterns in family life; 2) Knowing the various problems faced; 3) Knowing how to overcome various problems encountered. The following research using qualitative methods. Research resource persons were family members along with a third party if the family has a maid or relatives who live together. Research subjects taken by purposive sampling. The process of data collection is done by semi-structured interviews, non-participatory observation, field recording, and documentation. Researchers used the instrument in the form of interview guidelines and guidelines for observation. Checking the validity of data using triangulation techniques. Techniques in data analysis is data reduction, data presentation, and conclusion. The results showed that: 1) family background choose multiple career patterns in the family was at first a husband and wife are both working and the next because there is a principle or desire to get couples to work; 2) The problems that occur a variety of them ( a) not to participate in social activities, (b) the limited ability of parents to accompany the development of children's learning process, (c) unanticipated expenditures related to contributions to a celebration activities in the community and colleagues in the office, (d) no homework completion ladder well, (e) the rules of time to work all the time / not stabilized, (f) communication eg for "relationship" husband and wife, (g) the crisis of confidence in their role of a mother, wife and a worker, (h) terbenturnya work agenda in the workplace with other activities, (i) special assistance for children who cause the job not the maximum, (j) fatigue or stress on the solid work, (k) lack of parental control; 3) Efforts made or how to deal with various problems is (a) communication, (b) use the services of a third party, (c) one of the parties in, (d) ask for advice to the other party. Also found some of the findings in families with dual career path in this study are: (a) in a family with the dual career path job became one of the major factors considered in determining the amount ketururnan in the family (b) still attached placement of women at a subordinate under men. Keywords: Family, Patterns, Career, Ganda, Problems.

scholarly journals Mediasi dalam Perspektif Maqashid Syariah: Studi tentang Perceraian di Pengadilan Agama

2019 ◽  
Vol 6 (1) ◽  
pp. 97-115
Author(s):  
Muhammad Zainuddin Sunarto
Keyword(s):  
Third Party ◽  
Mediation Process ◽  
Trial Process ◽  
Procedural Law ◽  
The Law ◽  
Husband And Wife

in a marriage relationship, there will must be a conflict between husband and wife, this cannot be denied because each partner has a sectoral ego. The conflict can sometimes be resolved peacefully, but not the least that ends in divorce. The divorce process is arranged, must go through the trial process of the Religious Court with the specified procedural law. The proceedings for a lawsuit in the Religious Court must go through a mediation process between the two parties. Mediation is a way in the process of resolving disputes outside the trial in the presence of a third party tasked with reconciling the parties. Mediation is a mandate of the law to be carried out, so that the proceedings in court can be in accordance with the principle, which is fast, simple and inexpensive. The necessity of conducting mediation in a court, especially a religious court, is to reduce the number of divorces which is increasing in number over the years. Solving problems through mediation, is also a manifestation of maqashid al-shariah, namely hifdz al-nasl, because when there are problems in marriage, the marriage relationship will be damaged and problems will occur. Following up on the maqashid, in Indonesia there was a requirement to carry out mediation in the settlement of every case that went to court. The main objective is to minimize cases that must be decided, so that mediation can be resolved peacefully and safely. Keywords: Maqashid Al-Shariah, Mediation, Religious Court

scholarly journals The Legal Consequences of a Married Couple as being the Sole Founders in the Partnership

2020 ◽  
Vol 3 (2) ◽  
pp. 190
Author(s):  
James Ridwan Efferin
Keyword(s):  
Special Form ◽  
Married Couple ◽  
Third Party ◽  
Limited Partnership ◽  
The Third ◽  
Legal Standing ◽  
Commercial Code ◽  
Marital Property ◽  
Legal Consequences ◽  
Husband And Wife

<p class="Default">A Partnership Firm (“Firma”) and a Limited Partnership/Commanditaire Vennootschap (“CV”) in Indonesia are regulated in the First Book of the Commercial Code of Indonesia, chapter the Third (Regarding the various Companies), in the First and Second section.</p><p class="Default">Both partnerships are considered to be the special form of the civil partnership/Maatschap, which is regulated in the Civil Code of Indonesia (Article 1618 – 1652).</p><p class="Default">According to Rudhi Prasetya, “In practice, it is not uncommon for us to see a Firma or CV that has only 2 partners, of which they are husband [and] wife.”</p><p class="Default">Therefore the main issue will be the legitimacy of the said partnership if it has only a husband and wife as the founders/partners, especially if the said husband and wife do not make any separate marital property agreement.</p><p class="Default">What will be the legal consequences if the said condition happens, especially the external liability to the third party.</p><p class="Default">The main objective of this writing is to give an argumentation and the legal standing that a married couple can actually establish and be the sole founders/partners in a partnership with all of its consequences, even though they did not make any separate marital property agreement.</p>

Sign in / Sign up

Export Citation Format

Share Document