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All Journal Tadris: Jurnal keguruan dan Ilmu Tarbiyah Al-'Adalah Jurnal Media Hukum JURNAL CENDEKIA HUKUM Ensiklopedia of Journal Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan PENA LAW: International Journal of Law Ranah Research : Journal of Multidisciplinary Research and Development
Zefrizal Nurdin, Zefrizal
Fakultas Hukum Universitas Andalas
Religion Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Transportation Other

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DILEMA PEMANFAATAN TANAH ULAYAT UNTUK INVESTASI DI SUMATERA BARAT PADA NORMA DAN IMPLEMENTASI Nurdin, Zefrizal
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0049.95-109

Abstract

The Communal Right to Land (Hak Ulayat), both as the economic source and communal identity, should be empowered and be protected. This research studies the regulation of the utilization of Tanah Ulayat for the interest of investment and finds the root of its conflict in West Sumatera.  The result of the research concludes that there is no both horizontal and vertical synchronization in regulating of Tanah Ulayat. The regulations that have been enacted by DPRD and governor of West Sumatera are not in line with the Adat and Custom of Adat Community. Those regulations are also far from an ideal regulation and Syariah (Islamic Law), while the root of the conflict is the inconsistence between the regulation of Tanah Ulayat and its implementation which ignore the contract
DILEMA PEMANFAATAN TANAH ULAYAT UNTUK INVESTASI DI SUMATERA BARAT PADA NORMA DAN IMPLEMENTASI Zefrizal Nurdin
Jurnal Media Hukum Vol 22, No 1 (2015)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2015.0049.95-109

Abstract

The Communal Right to Land (Hak Ulayat), both as the economic source and communal identity, should be empowered and be protected. This research studies the regulation of the utilization of Tanah Ulayat for the interest of investment and finds the root of its conflict in West Sumatera.  The result of the research concludes that there is no both horizontal and vertical synchronization in regulating of Tanah Ulayat. The regulations that have been enacted by DPRD and governor of West Sumatera are not in line with the Adat and Custom of Adat Community. Those regulations are also far from an ideal regulation and Syariah (Islamic Law), while the root of the conflict is the inconsistence between the regulation of Tanah Ulayat and its implementation which ignore the contract
Management and Supervision of Zakat at The National Amil Zakat Agency (Baznas) of Bengkulu Province in 2019-2020 Mardhatillah Suaka; Mardenis Mardenis; Zefrizal Nurdin
JURNAL ILMIAH MIZANI: Wacana Hukum, Ekonomi, dan Keagamaan Vol 8, No 1 (2021)
Publisher : Fakultas Syariah UIN Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v8i1.5343

Abstract

This study aims to determine the zakat collection, distribution of zakat, and supervision of BAZNAS Bengkulu Province. The research method used is a juridical empirical type by interviewing directly to the BAZNAS Bengkulu Province and the Bengkulu Provincial Government; after the data has been collected through the interview process, the data is qualitatively processed to explain and expand objective management and oversight of zakat without using the statistical formula. The results of this study (1) The collection of zakat assets is carried out in 3 stages. The planning stage is not carried out with a particular strategy. It is not fixed on a specific schedule, the coordinating stage is carried out directly and indirectly, and the implementation stage is sourced from individual zakat and business entity zakat. (2) Distribution of zakat assets is carried out in 3 stages, namely the planning stage, by forming six work programs. The coordinating stage is carried out by holding a Regional Coordination Meeting (Rakorda). The implementation stage is divided into two: distribution in the form of consumptive zakat distribution and utilization in the form of distribution zakat is productive. (3) Supervision of the BAZNAS Bengkulu Province is carried out internally by the leadership to its staff. External supervision is carried out by the Ministry of Religion, Public Accountants, and the community.
PROCUREMENT OF ULAYAT LAND FOR SUBSIDED HOUSING DEVELOPMENT IN HARAU DISTRICT LIMA PULUH KOTA REGENCY Inggir Deviandari; Kurnia Warman; Zefrizal Nurdin
JCH (Jurnal Cendekia Hukum) Vol 7, No 1 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i1.416

Abstract

Ulayat rights are the rights that owned by a legal alliance, where the citizens of the community have the right to control the land. The Regional Regulation of West Sumatra Province, Article 2 paragraph (1) Number 6 of 2008 concerning Communal Land and Its Utilization states that the main principle of customary land is permanent based on the Minangkabau traditional philosophy “jua ndak makan bali, gadai ndak makan sando” (shall not bargaining; may not be pawned). The provisions of the regulation state that ulayat land may not be traded and may not be pawned, its ownership status may not change, except for importunate situation and condition, namely maik tabujua dalam rumah (for the death of family member), gadih gadang ndak balaki (wedding), rumah gadang katirisan (misfortune), mambangkik Batang tarandam (efforts to enforce). Land acquisition for the construction of subsidized housing is not a land acquisition according to Law Number 2 of 2012 concerning Land Procurement for Public Interest. The formulation of the problems discussed are first, the process of acquiring communal land for the construction of subsidized housing in Harau District, Lima Puluh Kota Regency, secondly the land registration process after the acquisition of customary land occurs, thirdly the legal consequences of acquiring customary land used for the construction of subsidized housing in Harau District, Lima Regency. Dozens of Cities againts customary law communities. This study uses an empirical juridical approach with the aim of finding out whether the law in the book is in accordance with the law in action. The results of the research study indicate that the process of acquiring communal land for the construction of subsidized housing is carried out by buying and selling. The construction of subsidized housing is managed by a legal entity in the form of a Limited Liability Company. The status of land ownership is just as the user of the facility that called with Hak Guna Bangunan
PELAKSANAAN PEMBERIAN NAFKAH SEBAGAI AKIBAT PUTUSNYA PERKAWINAN KARENA CERAI TALAK (STUDI KASUS PENGADILAN AGAMA PADANG) Al-Firdaus Al-Firdaus; Yaswirman Yaswirman; Zefrizal Nurdin
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 3 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (143.786 KB) | DOI: 10.31604/justitia.v9i3.1600-1604

Abstract

Dasar hukum perkawinan yaitu undang-undang nomor 1 Tahun 1974 poin c, mewajibkan seorang mantan suami untuk memberikan nafkah muth’ah, nafkah iddah, dan nafkah madhiyah kepada mantan istrinya. Hal tersebut berguna untuk menentukan besarnya pemberian nafkah yang akan diberikan kepada mantan istri sebelum sidang talak diucapkan. Berdasarkan latar belakang tersebut, dapat dirumuskan permasalahan yang diteliti yaitu pertimbangan hakim sebagai dasar pertimbangan didalam pemberian nafkah akibat cerai talak. Dalam penelitian penulis melakukan pendekatan yuridis empiris dan bersifat deskriptif analitis, yaitu dengan cara mengumpulkan hasil wawancara maupun studi dokumen. Berdasarkan hasil penelitian yang penulis temui, didalam memerintahkan pemberian nafkah, hakim memiliki dasar pertimbangan dengan melihat dari kesanggupan dan kemampuan suami. Apabila mantan istri (penggugat rekonvensi atau termohon) meminta nafkah pasca cerai serta nafkah anak tidak sesuai dengan kesanggupan mantan suami, maka hakim memiliki pertimbangan tersendiri untuk hal tersebut. Tujuan dari kebijakan tersebut untuk memberikan perlindungan hak dan keadilan bagi istri yang ditalak suaminya.
Penyelesaian Sengketa Uang Kompensasi atas Tanah Ulayat Nagari melalui Lembaga Adat di Nagari Talu Kabupaten Pasaman Barat Novi Alvionita; Kurnia Warman; Zefrizal Nurdin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.819

Abstract

Currently, in the province of West Sumatra, disputes over customary land often occur, including in Nagari Talu, West Pasaman Regency. The background to this dispute was compensation money provided by PLN for the construction of an Extra High Voltage Line (SUTET) on ulayat nagari land which is managed by the community. Meanwhile, the community wants to control all the compensation money. Based on this background, it is necessary to investigate the settlement of ulayat nagari land disputes in Nagari Talu, West Pasaman Regency with the formulation of the problem: What is the process for resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, what obstacles are encountered in resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, how is the control over customary rights of the nagari in Nagari Talu, West Pasaman Regency, after the settlement of the dispute.The research method used through an empirical juridical approach is based on primary legal materials and secondary legal materials as well as field studies through interview observations, as well as data analysis techniques carried out qualitatively. Based on research on the settlement of ulayat nagari land disputes in Nagari Talu West Pasaman Regency, where in this settlement it was first resolved through deliberation by both parties, but in this deliberation no peace was reached, then both parties used a mediator as an intermediary because peace was not achieved, which appointed as a mediator, namely the Nagari Traditional Density Institution (KAN). Kerapatan Adat Nagari (KAN) succeeded in reconciling the two parties and both parties accepted the results of the decision issued by Kerapatan Adat Nagari (KAN). Obstacles faced in resolving ulayat nagari land disputes are caused by several factors, namely internal factors originating from the disputing parties and the object in dispute and external factors originating from other parties. Post-dispute settlement control of ulayat nagari land, based on the decision of the Talu Nagari customary meeting, Ninik Mamak who currently controls ulayat nagari land.
Pelaksanaan Pengadaan Tanah untuk Kepentingan Umum oleh PT. PLN (Persero) di Riak Danau Tapan Kabupaten Pesisir Selatan Fahlevi Fahlevi; Kurnia Warman; Zefrizal Nurdin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1117

Abstract

Procurement for the construction of a 150 KV substation by PT. PLN (Persero) UIP Sumbagteng, which is in Nagari Riak Danau Tapan, Basa Ampek Balai Tapan District, Pesisir Selatan Regency. that the stipulation of land acquisition for the construction of the 150 KV substation took place in 2017 with a total area of ​​1.8 hectares with the holder of the communal land rights being a legitimate member of their clan but the attempt to relinquish their rights was a mistake because it was directed at a person who is not the owner of the rights over the land. The type of research in the preparation of this thesis is sociological juridical research. The results of this study are 1) Land Acquisition Process for the Construction of a 150 KV Substation in Nagari Siak Danau Tapan, Pesisir Selatan Regency, which consists of several stages, namely (a) The planning stage which contains the aims and objectives of the development plan, Compliance with the Regional Spatial Plan (RTRW) ), and National and Regional Development Plans, Land layout includes administrative areas such as name of village, kelurahan, sub-district, province, Required land area, General description of land status, Estimated time for land acquisition implementation, Estimated timeframe for construction implementation, Estimated land value, (b) the Preparation Stage which includes notification of Development Planning, Dissemination in the form of face-to-face meetings, Letters of notification, Initial data collection of development plan locations, Determination of Development Locations, and (c) Implementation Phase which includes Inventory and Identification, Determination of Appraisers. Deliberation on determining compensation, granting compensation. In carrying out land acquisition for the purposes of building a 150 KVA substation in Nagari Riak Danau Tapan by PT. PLN (Persero) in the process of land acquisition and payment of compensation has made a mistake, which is a personal error (error in persona) because the person conducting the negotiations and dealings is the person who is only cultivating the land and is not the real owner of the rights. 2) Legal Consequences Arising from the Land Acquisition Process for Public Interests that Does Not Use the Deed of Relinquishment of Rights, namely: legal defects due to the statement of Relinquishment of Rights made before a Notary is more accountable both formally and materially even though the law allows for other ways other than the existence notary deed regarding the release of rights. Thus the fulfilment of the Theory of Responsibility that the researcher uses in this thesis is not fulfilled, because apart from not being able to account for the authenticity of the statement of waiver of rights from the owner of the right, in the process of completing documents the statement made underhand is also vulnerable to falsification and this is a crime.
TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr) Hamler; Mirwati, Yulia; Yulfasni; Nurdin, Zefrizal
PENA LAW: International Journal of Law Vol. 2 No. 1 (2024): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.100

Abstract

Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.
PENGATURAN PENDAFTARAN TANAH ULAYAT DALAM UPAYA MENDUKUNG TERTIB ADMINISTRASI PERTANAHAN Kurnianti, Dian; Warman, Kurnia; Nurdin, Zefrizal
Ensiklopedia of Journal Vol 6, No 2 (2024): Vol. 6 No. 2 Edisi 2 Januari 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i2.2121

Abstract

The Law Number 11 of 2020 on Job Creation (currently amended by Law Number 6 of 2023 on the Determination of Government Regulations in Lieu of Law Number 2 of 2022 on Job Creation becoming Law) is accompanied by its implementing regulations, Government Regulation Number 18 of 2021 on Management Rights, Land Rights, Apartment Units, and Land Registration, as well as Minister of Agrarian and Spatial Planning/Head of the National Land Agency Regulation Number 18 of 2021 on Procedures for Determining Management Rights and Land Rights. These regulations state that the designation of ulayat rights as management rights is a form of recognition of customary law communities. The granting of management rights to customary law communities indirectly makes ulayat land one of the objects of land registration. Currently, the Ministry of Agrarian and Spatial Planning has made efforts through collaboration with the Ministry of Home Affairs, local governments, and universities to implement a pilot project for the determination of management rights on ulayat land. From this pilot project, 6 (six) certificates of management rights on ulayat land have been issued, but as of now, there are no technical regulations related to the determination of management rights on ulayat land. This study will examine the regulatory vacuum and several factors that need to be considered in the formulation of technical regulations for the registration of ulayat land in an effort to support orderly land administration.Keywords: Land Registration, Customary Land, Customary Law Communities, Management Rights
Perlindungan Hukum Terhadap Konsumen Pemenang Lelang di Lembaga Perbankan Kota Padang Elfiawinda, Elfiawinda; Yaswirman, Yaswirman; Nurdin, Zefrizal
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1647

Abstract

Society and banks are two components that need each other. Banks run businesses to make a profit. Like conventional banks which earn profits through interest on loans from debtors. Banks provide loans, but must also guarantee the repayment of the capital lent to debtors by binding the loan with mortgage rights. When the debtor is unable to pay the debt and is declared in default, the bank as the winner of the mortgage right has the right to sell the collateral with the mortgage right, submitting an auction request to the KPKNL. The auction winner is the bidder with the highest price. Auction winners often have difficulty controlling the auction object, because the debtor does not accept the auction results and makes various efforts to maintain the collateral, one of which is by filing an unlawful act lawsuit with the district court. The problem in this thesis is: What is the legal certainty of the transfer of ownership of mortgage objects through auction? What is the legal protection for the winner of the auction for the execution of mortgage rights filed as a party in a lawsuit against the law in terms of the Consumer Protection Law? What are the efforts of the auction winner in dealing with the plaintiff as debtor? The method used in this research is Sociological Juridical, the type of data collected is secondary and primary data, the data collection method is interviews and the nature of the research is descriptive. The research results obtained. 1) The transfer of rights through an auction occurs when the auction minutes are published which function as the basis for rights, but the transfer of rights only occurs on paper, because the auction winner cannot control the object. 2) The Consumer Protection Law guarantees that consumers get their rights, but what happens is that business actors often transfer or even eliminate responsibilities by having standard agreements which are actually prohibited by law. 3) The winner of the auction as a consumer, in facing the debtor's demands, tries to defend his rights, the losses arising from the demands from the debtor are the burden of the consumer himself, the business actor, in this case the bank, is not responsible for the losses suffered by the consumer, under the pretext of the object of the auction what has been purchased by the consumer, namely the auction winner, is at a low price, so that the loss becomes the burden of the auction winner.
Co-Authors Adityawarman Adityawarman Ahmad Firdaus, Ahmad Al-Firdaus Al-Firdaus Alvionita, Novi Deni Efendi Diva Murbarani, Annisa Dwi Utari, Shindi Elfiawinda, Elfiawinda Fachri, Ahmad Fahlevi Fahlevi Fahlevi, Fahlevi Hamler Hamler Hengki Andora Inggir Deviandari Kurnianti, Dian Mardenis Mardenis Mardhatillah Suaka Mirwati, Yulia Najmi Najmi, Najmi Novi Alvionita Oktarima, Sovia Putri, Vikkania Rahmi Andika Rosari, Anton Syofiarti Utami, Desy Putri Vanessa, Yoko Wulandari, Gustia Yasniwati, Yasniwati Yaswirman, Yaswirman Yulfasni