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All Journal Jurnal Ilmu Sosial dan Humaniora Unes Law Review Istinbath: Jurnal Hukum dan Ekonomi Islam Journal of Law Science Law Development Journal Journal of Scientech Research and Development Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Ranah Research : Journal of Multidisciplinary Research and Development Indonesian Journal of Islamic Religious Education (INJIRE) Academia Open
Hayati, Mulida
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The Judge's Consideration on The Case of Rejection of The Lawsuit Related to Land Grabbing (Study of Decision No. 189/PDT. G/2020/PN PLK) Febrizha, Meishy; Hayati, Mulida; Martono, Yacob F
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.424-435

Abstract

Land disputes in Indonesia are still a complex and recurring legal issue, especially in cases of land grabbing that involve the act of controlling or using another party's land without legitimate rights. This problem often leads to judicial proceedings because it is related to property rights protected by the Basic Agrarian Law. However, many lawsuits were rejected because the plaintiff could not prove land ownership or did not meet the formal or material requirements as stipulated by the civil procedure law. This study aims to analyze the judge's consideration in rejecting the land grabbing lawsuit in Decision No. 189/PDT. G/2020/PN PLK and identify the legal variables that affect the decision. The method used is qualitative research with a normative juridical approach through literature study. The results of the study showed that the judge rejected the lawsuit by referring to Article 1365 of the Civil Code regarding unlawful acts and Article 1865 of the Civil Code regarding the principle of the burden of proof. The plaintiff was considered incapable of fulfilling the elements of unlawful acts and failed to present authentic evidence, such as land deeds and certificates, as the basis for ownership rights in accordance with the UUPA.
Husband’s Sexual Violence: Protection Rights for Wives in Terms of Islamic and Indonesian State Law Hayati, Mulida; Ali, Nuraliah
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.662

Abstract

This paper discusses the right to protect wives from husband's sexual violence, a perspective of Islamic law, the penal code, and the Law of Elimination of Domestic Violence. In recent years, violence to women has increased, while from a legal standpoint, it has not accommodated various problems related to sexual violence. Therefore, this paper reveals how these protections from three different law perspectives, and prove that these problems can be resolve through those laws. Through normative juridical research using grammatical and systematic interpretation methods, it was found that sexual violence in Islamic Law is categorized as a violation of honor which is punishable by ta’zīr. The punishments regarding violations of a person's freedom are in the form of imprisonment and banishment. In the Penal Code: Offense against decency and persecution. In the Domestic Violence Law: legal protection for victims in the form of physical, psychological, sexual violence. There is a correlation between these three different law perspectives, for instance, the equivalent view which perceives violent behavior as despicable behavior is prohibited, and threatens with imprisonment or ta’zīr. This synergy has implications for fulfilling human protection from violence, implementing a sense of security, and ensuring the survival of the community.
Ajaran Misbruik Van Omstandigheden Sebagai Alasan Hakim dalam Memperbaiki Suatu Perjanjian (Analisis Putusan Pengadilan Negeri Palangka Raya Nomor 160/Pdt.G/2016/PN Plk) Hayati, Mulida; Evi, Evi; Sudiarti, Elin
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1746

Abstract

In the contract law that applies in Indonesia, an agreement can be canceled if the agreement is made through mistake, coercion and fraud. However, in the development of civil practice, it is also known that there is abuse of circumstances (misbruik van omstandigheden) as a reason for canceling an agreement. In the legal system in force in Indonesia, abuse of conditions in agreements (misbruik van omstandigheden) is a relatively new topic in the study of Indonesian civil law, both in theory and judicial practice. The court decision that is the study of the doctrine of abuse of circumstances in agreements is the case between Parluhutan Sirait and Benny Arifin as stated in the Palangka Raya District Court Number 160/Pdt.G/2016/PN Plk. From this decision it can be concluded that the agreement made by the parties must be balanced in terms of determining the rights and obligations given to the parties. Where debtors and creditors have an equal bargaining position. If an imbalance is found in the agreement, the judge can make his own judgment as to the basis for misuse of the conditions in the agreement. In this decision, the panel of judges had noticed indications of abuse of opportunity which became the basis for applying the doctrine of abuse of circumstances which was possible due to the imbalance and incompatibility of the positions of the parties involved in the agreement.
JUDGE'S CONSIDERATIONS REGARDING DEFAULT ON DELAYED PAYMENT OF CREDIT BY BRI SYARIAH PALANGKA RAYA BRANCH – (STUDY OF DECISION NO. 1/PDT.G.S/2020/PA. PLK) Saragih, Liyan Sestin Pebriani; Hayati, Mulida; Setiawan, Ahmad
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1082

Abstract

The development of Islamic banking in Indonesia has led to an increase in Islamic economic disputes, particularly those related to financing defaults. This study analyzes judges' considerations in determining default on late payments of BRI Syariah loans, based on a survey of Decision No. 1/Pdt.G.S/2020/PA.Plk. The research method used is normative legal research with a case study approach to court decisions. Data was collected through a documentary study of the ruling, relevant laws and regulations, and Islamic economic law literature. The analysis was conducted using descriptive qualitative methods, drawing on primary legal materials, including court rulings, the Civil Code, the Compilation of Islamic Economic Law (KHES), and relevant laws and regulations. The results of the study show that the judge in decision No. 1/Pdt.G.S/2020/PA.Plk used a comprehensive approach by considering the murabahah bil wakalah financing contract, the bank's restructuring efforts, and the debtor's inability to fulfil their obligations even after being given leniency. The judge found default based on continuous late payments, disregard of repeated warning letters, and failure to take advantage of financing restructuring. The judge's considerations also integrated the principles of Islamic economic law with the provisions of positive civil law in determining the legal consequences of default. This study contributes to understanding the application of Islamic economic law in resolving Islamic banking disputes in Indonesian religious courts.
Authority Limits of POLRI and BNN Investigators in Narcotics Law Enforcement Nababan, Jui Dermawati; Hayati, Mulida; Pramita, Claudia Yuni
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13927

Abstract

General Background Narcotics crimes in Indonesia are categorized as extraordinary crimes requiring integrated law enforcement within the criminal justice system. Specific Background The Indonesian National Police and the National Narcotics Agency (BNN) both possess investigative authority in handling narcotics cases, which often leads to overlapping roles in practice. Knowledge Gap The absence of clear operational boundaries and coordination mechanisms between these institutions creates legal uncertainty and potential duplication in narcotics investigations. Aims This study aims to analyze the legal framework governing investigative authority and examine the coordination challenges between the Police and BNN in narcotics crime handling. Results The findings indicate that overlapping authority between institutions contributes to inefficiencies, procedural inconsistencies, and conflicts in law enforcement practices, particularly in investigation stages and case handling. Existing regulations provide formal authority but lack detailed technical guidelines for coordination. Novelty This study highlights the structural and normative gaps in inter-agency coordination by emphasizing the need for integrated operational standards within narcotics investigations. Implications Strengthening regulatory clarity and establishing joint operational guidelines are essential to ensure legal certainty, prevent duplication of authority, and support a more coherent criminal justice process in addressing narcotics crimes in Indonesia. Highlights: Dual institutional mandates generate procedural overlap in case handling. Regulatory provisions lack detailed coordination mechanisms at the operational level. Inter-agency inconsistency contributes to inefficiency in investigation processes. Keywords: Investigative Authority, POLRI, BNN, Narcotics Crimes.
Co-Authors Agus Dwi Susanto Ali, Nuraliah efraim, Efraim Evi Evi Faiza, Rohmatul Farina, Thea Febrizha, Meishy Fransisco, Fransisco Kencana, Novanita Puspa Khaerah, Alfi Kristianto, Kiki Kurniawan, Dwi Meilady Lindayadia, Lindayadia Martono, Yacob F Nababan, Jui Dermawati Novea Elysa Wardhani Pramita, Claudia Yuni Raja V. Situmorang, Primus Sangalang, Rizki Setyobowo Saragih, Liyan Sestin Pebriani SETIAWAN, Ahmad Sudiarti, Elin Wirayuda, Wirayuda Wulandari, Vicka Prama