Pub Date : 2023-11-15DOI: 10.47268/pela.v2i3.11034
Dyah Auliah Rachma Ruslan
Introduction: In the marriage process of the Makassar Bugis community, it is not uncommon for one of the parties to cancel the marriage plan after the mapettuada/proposal procession. This is of course a polemic in itself because in the mapettuada process there is a certain amount of money and goods that have been handed over from the prospective groom (money panai') to the prospective bride. In this research, the researcher will discuss the legal implications of canceling marriage plans after the mappettuada procession in Bugis Makassar custom. Purposes of the Research: Provide an explanation regarding the legal implications of canceling marriage plans after the mappettuada procession in Makassar Bugis custom. Methods of the Research: Methods of the Research is normative legal research. The sources of legal materi als used are primary and secondary legal materials. The technique for collecting legal materials used in this research is through literature study, all materials obtained will be analyzed qualitatively and then presented prescriptively. Results Originality of the Research: Cancellation of marriage plans after the mappetuada process in Bugis Makassar custom requires the party canceling the marriage to bear the loss of costs incurred by the other party as regulated in the provisions of Article 1365 of the Civil Code.
{"title":"Implikasi Hukum Terhadap Pembatalan Rencana Perkawinan Setelah Proses Mappetuada Dalam Adat Bugis Makassar","authors":"Dyah Auliah Rachma Ruslan","doi":"10.47268/pela.v2i3.11034","DOIUrl":"https://doi.org/10.47268/pela.v2i3.11034","url":null,"abstract":"Introduction: In the marriage process of the Makassar Bugis community, it is not uncommon for one of the parties to cancel the marriage plan after the mapettuada/proposal procession. This is of course a polemic in itself because in the mapettuada process there is a certain amount of money and goods that have been handed over from the prospective groom (money panai') to the prospective bride. In this research, the researcher will discuss the legal implications of canceling marriage plans after the mappettuada procession in Bugis Makassar custom. Purposes of the Research: Provide an explanation regarding the legal implications of canceling marriage plans after the mappettuada procession in Makassar Bugis custom. Methods of the Research: Methods of the Research is normative legal research. The sources of legal materi als used are primary and secondary legal materials. The technique for collecting legal materials used in this research is through literature study, all materials obtained will be analyzed qualitatively and then presented prescriptively. Results Originality of the Research: Cancellation of marriage plans after the mappetuada process in Bugis Makassar custom requires the party canceling the marriage to bear the loss of costs incurred by the other party as regulated in the provisions of Article 1365 of the Civil Code.","PeriodicalId":508047,"journal":{"name":"PATTIMURA Legal Journal","volume":"75 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139274913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-14DOI: 10.47268/pela.v2i3.10927
R. Y. Sinaga
Introduction: The content of the judgment stating that the accused has been proven to commit the alleged act, but it is not a criminal offense but rather a civil case, has deeply disappointed the customers of KSP Indosurya. One of the fundamental considerations of the judge in the onslag decision is the presence of an affidavit. Purposes of the Research: The aim of this research is to examine the existence of the affidavit as the basis for the onslag decision. Methods of the Research: This study employs a normative legal research method through a case and statutory regulation approach, which is then analyzed descriptively and analytically. Results Originality of the Research: An affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration due to the presence of the affidavit has undoubtedly achieved legal certainty, but the element of utility still needs to be questioned. The role of the judge in rendering a decision should not solely be based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should be able to penetrate the reasons why the parties bring criminal claims to produce a clear and perfect result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.
{"title":"Affidavit Sebagai Ratio Decidensi Putusan Onslag","authors":"R. Y. Sinaga","doi":"10.47268/pela.v2i3.10927","DOIUrl":"https://doi.org/10.47268/pela.v2i3.10927","url":null,"abstract":"Introduction: The content of the judgment stating that the accused has been proven to commit the alleged act, but it is not a criminal offense but rather a civil case, has deeply disappointed the customers of KSP Indosurya. One of the fundamental considerations of the judge in the onslag decision is the presence of an affidavit. Purposes of the Research: The aim of this research is to examine the existence of the affidavit as the basis for the onslag decision. Methods of the Research: This study employs a normative legal research method through a case and statutory regulation approach, which is then analyzed descriptively and analytically. Results Originality of the Research: An affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration due to the presence of the affidavit has undoubtedly achieved legal certainty, but the element of utility still needs to be questioned. The role of the judge in rendering a decision should not solely be based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should be able to penetrate the reasons why the parties bring criminal claims to produce a clear and perfect result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.","PeriodicalId":508047,"journal":{"name":"PATTIMURA Legal Journal","volume":"48 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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