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Journal : Jurnal Dinamika Hukum

PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET Sanyoto, Sanyoto; Maryono, Antonius Sidik; Bintoro, Rahadi Wasi
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.44

Abstract

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital
TUNTUTAN DWANGSOM DALAM SENGKETA PEMILIKAN TANAH (Studi Terhadap Permohonan Kasasi yang Dikabulkan pada Putusan Mahkamah Agung No. 1429K/Pdt/2006) Sanyoto Sanyoto; Ziad Ziad; Antonius Sidik Maryono; Desy Perdani Yuris
Jurnal Dinamika Hukum Vol 8, No 2 (2008)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2008.8.2.50

Abstract

Plaintiff that feels disadvantage because the rights impinged in the rule of procedure of civil law he or she can file a main claim by accompanied with addition claim. One of addition claim which can be asked plaintiff is to be sued punished to pray force money (dwangsom) every day to the negligence fulfilling justice decision.  Rule of dwangsom there is in section 606 RV which in practice jurisdiction still applying where dwangsom is pressure tool which psychologically the side of sued to be defeated soon will fulfill main punishment in content of judge decision having the character of condemnatory which is not punishment of payment of money but in the form or real execution or realization as soon as possible.  In decision of Mahkamah Agung No 1429 K/Pdt/2006 Plaintiff bringing a lawsuit to the court on the basis of property to land mastered by opponent is againts the law which the main claim is she or he expressed as valid owner to dispute object and express deed is sued has done deed to fight against law that is mastering disputed site without legal right and surrender claim of land with a width of 744 m2 any unconditional and force money (dwangswom) equal to 100.000, per day since decision obtains permanent legal force. Initially in first level of court (P.N. MALANG) Plaintiff claim is refused, then plaintiff submits effort of appeal law to P.T. Surabaya. On the basis of the matter is plaintiff applies cassation to Mahkamah Agung and granted because subordinate court has wrong applies law.   Key word: dwangsom, final punishment, mahkamah agung
Determination of The Authority To Adjudicate Child Adoption For Muslims in Indonesia Bintoro, Rahadi Wasi; Maryono, Antonius Sidik; Sanyoto, Sanyoto; Kupita, Weda; Prasetyo, Muhammad Bagus Tri
Jurnal Dinamika Hukum Vol 21, No 3 (2021)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2021.21.3.3150

Abstract

This article seeks to raise legal issues regarding child adoption, because adoption of children in the customary law system and Islamic law in Indonesia brings different legal consequences in family law. The focus of this study is to discuss the implications of the adoption of children in district courts and religious courts and the determination of the competence of the court in the adoption of children. This study uses normative research with a conceptual approach and legislation with the main data in the form of laws and regulations and the law of adoption. Based on the analysis, The Religious Judiciary uses the concept and legal basis of Islamic Law, while the General Judiciary uses the concept and legal basis in the form of Customary Law. Customary Law, adopted children have the same position, including in bequeathing, with the biological child, while in Islamic law does not know the concept of adopted children, but nevertheless for the benefit of the Compilation of Islamic Law gives the opportunity to the community to perform the adoption of the child.Keywords: adoption, customary law, Islamic law