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All Journal Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Pena Justisia: Media Komunikasi dan Kajian Hukum Best Journal (Biology Education, Sains and Technology) ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan JUNCTO: Jurnal Ilmiah Hukum Window of Public Health Journal GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Nanggroe: Journal Of Scholarly Service Nanggroe: Journal of Scholarly Service SUBAKTYA, Unpar Community Service Journal
Hidayani, Sri
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Journal : ARBITER: Jurnal Ilmiah Magister Hukum

 1 
Analisis Hukum Mengenai Wanprestasi Yang Dilakukan Debitur Terhadap Perjanjian Kredit Dengan Bank (Studi Putusan Nomor: 290/Pdt.G/2021/Pn Mdn) Chirunnisa, Siti; Isnaini, Isnaini; Hidayani, Sri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.2979

Abstract

The credit agreement is binding on both parties. The offending party, especially those who do not comply with the agreement, will be subject to binding legal regulations and consequences. Legal consequences that must be borne by the offending party can be in the form of contract cancellation, compensation, and even fines. The research method used is normative juridical by conducting a case approach to Decision number 290/Pdt.G/2021/PN Mdn and related laws and regulations. The data analysis used is descriptive analysis with an approach to primary data and secondary data. The result of the research is that the legal rules regarding defaults on credit agreements are regulated in Article 1238 of the Civil Code. The mechanism for granting credit is carried out by paying attention to the 5C principle and the 7P principle. What is considered by the judge in handing down decision number 290/Pdt.G/2021/PN Mdn is the Exception of the Defendants, the evidence of the letters submitted by the Plaintiff and the Defendants, the Plaintiff's lawsuit.
Penegakan Hukum oleh Polri Terhadap Pelaku Tindak Pidana Judi Online (Studi pada Kepolisian Sumatera Utara) Kurniawan, M. Yundha; Siregar, Taufik; Hidayani, Sri
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.2984

Abstract

Law enforcement is carried out by law enforcers. The implementation of the law in society, apart from depending on the legal awareness of the community, is also very much determined by law enforcement officials. Law enforcement by the Indonesian National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out in accordance with the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the Police. The increasing mode of online gambling crimes is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in revealing perpetrators of online gambling crimes. Lack of identity of perpetrators and lack of witnesses. Lack of evidence in the filing process. Lack of cooperation between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation between the Police and the Public Prosecutor in the process of investigating online gambling crimes
Analisis Yuridis Pertimbangan Hukum Pada Putusan Wanprestasi Atas Utang Tertunggak: Studi Kasus Putusan Nomor 371/PDT.G/2024/PN MDN Asseweth, Hamzah Abud; Hidayani, Sri; Siregar, Fitria Yanni Dewi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5298

Abstract

This research aims to analyze the application of Article 1320 of the Civil Code in demands for payment of outstanding debts and the judge's considerations in rejecting demands for payment of dwangsom money and immaterial losses and in decision Number 371/PDT.G/2024/PN MDN. The problem of debts and receivables is a complicated problem because the risk that generally occurs is default and must go through a court decision that has legal force. This research uses normative juridical research and methods taken from library research. Based on the research results, the application of Article 1320 of the Civil Code in demands for payment of outstanding debts in Decision Number 371/PDT.G/2024/PN MDN is in accordance with the conditions specified in Article 1320 of the Civil Code because it is based on an agreement between two parties who are competent to act. The judge's consideration in rejecting the claim for immaterial losses and forced payment of money (dwangsom) in Decision Number 371/PDT.G/2024/PN MDN was because the Plaintiff could not prove that there was an urgent reason that had to be carried out which had no legal grounds and had to be rejected. However, claims for dwangsom money and immaterial losses should be applied or considered in this decision because the defendant has committed an unlawful act and legally committed a breach of contract. It is hoped that there will be laws and legal regulations that specifically regulate the implementation of dwangsom (forced money) and immaterial losses.
Co-Authors Anggreni Atmei Lubis, Anggreni Atmei Arif Fachrian Arischa, Andini Asseweth, Hamzah Abud Chairunnisa, Siti Chirunnisa, Siti Frensh, Wenggedes Haeruddin Harpiana Rahman Idris, Fairus Prihatin Isnaini Isnaini Kurniawan, M. Yundha Maswandi Maswandi, Maswandi Muhammad Idris Pasaribu, Yusuf Hanafi Rahmadina, Rahmadina Riswan Munthe, Riswan Saragih, Yuni Sari SEBAYANG, Minda Septiyanti Siregar, Fitri Yanni Dewi Siregar, Fitria Yanni Dewi Siregar, Taufik Wan Suryani