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Title: Analisis Yuridis Sengketa Harta Milik Pribadi Yang Diputuskan Oleh Pengadilan Menjadi Harta Bersama (Studi Putusan Pengadilan Negeri Medan Nomor 290/Pdt.G/2013/Pn.Mdn)
Authors: Tambun, Fitri Yanti
Advisors: Yamin, Muhammad
Ginting, Budiman
A, T. Keizerina Devi
Issue Date: 17-Mar-2017
Abstract: Marriage is a bond between a man and a woman that is legally acknowledged by the statute and aimed to build and establish an eternal and timeless married life. The bond of matrimony between a man and a woman that causes an overtly and covertly result on each family and also on the wealth obtained between them either before or during the marriage. The Law on Marriage Property regulates the legal consequences on the husband and wife’s property. The arrangement of marriage property can be seen from how they obtain the property. The object of the research was the Verdict of Medan District Court No.290/Pdt.G/2013/PN regarding the settlement of the personal property that has been made joint property. The problem discussed in the analysis of this research was: how to classify the property that was received after the marriage has been dissolved and how about the legal consequences toward the inheritance that was not distributed yet, how the trade between mother and son/daughter is in accordance with positive law in Indonesia, and how the judge’s legal considerations were in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn. the research used descriptive analytical and judicial normative method. The results found that: 1) in the classification of the marriage property which was the object of the case in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn, the property was classified into the property received by her deceased husband. It meant that the decease of a husband certainly caused the marriage dissolved. The position of the property is that it becomes the wife’s personal property, so that when the wife receives the property after her husband passed away and wants to take any action toward the property, she does not anyone’s approval, because it has become her personal property. 2) The trade between mother and son/daughter is conducted in accordance with the prevailing law or with the usual implementation of trade. In the sale and purchase agreement are some prohibitions to sell and purchase toward some people. Such prohibitions stipulated in the Civil Codes only prohibit trade between a husband and wife. 3)The Judge believed that the property gained in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn were joint property. It is suggested that judge’s verdict be just to the wife as the owner of the personal property that is resulted from her deceased husband for the realization of legal certainty
Abstract (other language): Marriage is a bond between a man and a woman that is legally acknowledged by the statute and aimed to build and establish an eternal and timeless married life. The bond of matrimony between a man and a woman that causes an overtly and covertly result on each family and also on the wealth obtained between them either before or during the marriage. The Law on Marriage Property regulates the legal consequences on the husband and wife’s property. The arrangement of marriage property can be seen from how they obtain the property. The object of the research was the Verdict of Medan District Court No.290/Pdt.G/2013/PN regarding the settlement of the personal property that has been made joint property. The problem discussed in the analysis of this research was: how to classify the property that was received after the marriage has been dissolved and how about the legal consequences toward the inheritance that was not distributed yet, how the trade between mother and son/daughter is in accordance with positive law in Indonesia, and how the judge’s legal considerations were in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn. the research used descriptive analytical and judicial normative method. The results found that: 1) in the classification of the marriage property which was the object of the case in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn, the property was classified into the property received by her deceased husband. It meant that the decease of a husband certainly caused the marriage dissolved. The position of the property is that it becomes the wife’s personal property, so that when the wife receives the property after her husband passed away and wants to take any action toward the property, she does not anyone’s approval, because it has become her personal property. 2) The trade between mother and son/daughter is conducted in accordance with the prevailing law or with the usual implementation of trade. In the sale and purchase agreement are some prohibitions to sell and purchase toward some people. Such prohibitions stipulated in the Civil Codes only prohibit trade between a husband and wife. 3)The Judge believed that the property gained in the Verdict of Medan District Court No.290/Pdt.G/2013/PN.Mdn were joint property. It is suggested that judge’s verdict be just to the wife as the owner of the personal property that is resulted from her deceased husband for the realization of legal certainty
Keywords: Marriage Property
Personal Property
Dissolved Marriage
URI: http://repository.usu.ac.id/handle/123456789/64760
Appears in Collections:MT - Kenotariatan

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Cover.pdfCover619.22 kBAdobe PDFView/Open
Abstract.pdfAbstract456.2 kBAdobe PDFView/Open
Chepter l.pdfChapter I558.8 kBAdobe PDFView/Open
Chapter ll.pdfChapter II558.33 kBAdobe PDFView/Open
Chaper lll-V.pdfChapter III-V605.6 kBAdobe PDFView/Open
Reference.pdfReference460.61 kBAdobe PDFView/Open
 

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