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Suryati
Faculty of Law, Universitas Wijayakusuma , Indonesia

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Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp) Nur Indah Utami; Ferryani Krisnawati; Suryati
Wijayakusuma Law Review Vol. 5 No. 1 (2023): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.qn6xvg22

Abstract

The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants fromadoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Datasources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiarylegal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussionregarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Number19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilledthe requirements in the grant agreement both formally and materially. The strength of proof of a notarial deed as a meansof proof is the perfect strength of proof, because the privilege of an authentic deed lies in the strength of the proof. Anauthentic deed gives the parties and their heirs or people who have rights from it a perfect proof. An authentic deed has thepower of proof in such a way that it is considered attached to the deed itself, meaning that an authentic deed is bindingevidence because what is written in the deed must be considered true and trusted by the judge. An authentic deed also hasperfect evidentiary strength because it does not require the addition of other evidence, in other words, an authentic deedhas outward, formal and material evidentiary strength in accordance with the provisions under Article 1886 of the CivilCode. A notarial deed as an authentic deed has external, formal and material evidentiary power, if a notary deed is drawnup according to the applicable provisions, then the deed will be binding on the parties as an authentic deed and includes thecourt which must accept the notary deed as perfect evidence
Perlindungan Hukum Terhadap Konsumen Rokok Elektrik Wiwin Muchtar Wiyono; Suryati; Nurlaeli Sukesti Ariani Nasution
Wijayakusuma Law Review Vol. 3 No. 2 (2021): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.eh1vr042

Abstract

The circulation of goods and/or services in society at this time also affects the development of cigarette products,both kretek cigarettes, white cigarettes, cigars and even the development of electric cigarettes. The governmenthas issued many regulations related to smoking. One of the most popular cigarettes in society is the electriccigarette which aims to protect consumers from harm. However, e-cigarettes also contain dangers that manyconsumers are not aware of. The form of protection for cigarette consumers has been issued PP No. 109 of 2012concerning the Safety of Materials Containing Addictive Substances in the Form of Tobacco Products for Health.The PP also applies to e-cigarettes. This study uses a normative juridical method, with secondary data as the maindata in the form of legislation, and related literature. The data were analyzed qualitatively. In general, inconsumer protection law there are several principles of responsibility, namely the principle of responsibility basedon the element of error/negligence, the principle of the presumption of being responsible (presumption ofliability), the principle of the presumption of not always being responsible (presumption of nonliability) and theprinciple of absolute responsibility (strict liability). The responsibility of business actors to consumers using ecigarettes is included in the principle of presumption of liability, known as a reverse proof system where businessactors as defendants are always considered responsible for all losses suffered by consumers until they can provethat the business actor not guilty
Perlindungan Hukum Terhadap Konsumen TransportasiJasa Ojek Online Imam Syafei Wahid M; Suryati; Wiwin Mochtar Wiyono
Wijayakusuma Law Review Vol. 1 No. 1 (2019): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/n5kecf23

Abstract

To find out the legal reasoning of the judge in deciding the Marriage Dispensation Request in the decisionNumber: 0122 / Pdt.P / 2018 / PA.Pwt, To achieve this goal the author uses a Normative Juridical approach,Research specifications are Normative Data presentation methods are presented in the form of descriptionswhich are grouped and then arranged systematically. Based on the results of the research and discussion in thedecision Number: 0122 / Pdt.P / 2018 / PA.Pwt, it can be seen that the legal basis of judges in providingMarriage Dispensation is based on the reasons the two have long had a relationship, love each other, are veryfamiliar and have engaged even if the applicant's child has been pregnant for 2 months, then it has beenproven that the Petitioner's child is mature enough and mature to settle in. In addition, both of them are single,there is no relationship, not so that there are no barriers to marriage, and the applicant's family and parents ofprospective husbands have blessed the marriage plan. If the request for dispensation is not granted, it is fearedthat things will happen that are not desirable / violate religious norms, and for the good of prospectivechildren who are being conceived by the prospective bride. The provisions and principles of marriage law havebeen fulfilled as stipulated in Article 7 of Law No. 1/1974 Jo Article 15 up to Article 18 and Article 39Compilation of Islamic Law and in line with the Qaidah Fiqhiyah, (which in Indonesian means: "rejectingobedience takes precedence over priority"), which means that preventing evil must first sought before doinggood.