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Peran Hakim Pengadilan Agama dalam Upaya Mengatasi Tingkat Perceraian di Kota Ternate Suwarti Suwarti
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Divorce is something that must be avoided, because divorce is lawful in its legal position, but the impact it has is quite large both on husband, wife and also his children and on the surrounding community. Islam views divorce as a lawful but very wrath of God, so that divorce is the last resort that can be taken if the household conditions can no longer be maintained, or if the marriage is maintained can lead to greater harm. Therefore Islam considers divorce to be complicated and is the last resort that can be taken by husband and wife if it does not find a solution to the problems of the household. The number of divorces that occurred in the city of Ternate increased partly because of the settlement factor that almost all cases filed ended in litigation at the Ternate City Religious Court, although non-litigation divorce settlement could be taken to reduce the number of divorces submitted

Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void

Peran Hakim Pengadilan Agama dalam Upaya Mengatasi Tingkat Perceraian di Kota Ternate Suwarti Suwarti
Khairun Law Journal Vol 1, No 2 (2018): Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

Divorce is something that must be avoided, because divorce is lawful in its legal position, but the impact it has is quite large both on husband, wife and also his children and on the surrounding community. Islam views divorce as a lawful but very wrath of God, so that divorce is the last resort that can be taken if the household conditions can no longer be maintained, or if the marriage is maintained can lead to greater harm. Therefore Islam considers divorce to be complicated and is the last resort that can be taken by husband and wife if it does not find a solution to the problems of the household. The number of divorces that occurred in the city of Ternate increased partly because of the settlement factor that almost all cases filed ended in litigation at the Ternate City Religious Court, although non-litigation divorce settlement could be taken to reduce the number of divorces submitted

Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Vol 2, No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void

KEDUDUKAN HUKUM PERJANJIAN JUAL BELI YANG DILAKUKAN OLEH AHLI WARIS TERHADAP HARTA WARISAN YANG BELUM DIBAGI Patma Patma; Suwarti Suwarti; Nam Rumkel
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 5, No 2 (2021): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v5i2.5703

Penelitian ini bertujuan untuk menganalisis perlindungan hukum jual beli yang dilakukan oleh ahli waris terhadap harta warisan yang belum dibagi. Tipe penelitian ini adalah socio-legal research. Jenis dan sumber data adalah mengenal dari mana data diperoleh, apakah data yang diperoleh dari sumber langsung (data primer) atau data diperoleh dari sumber tidak langsung (data sekunder). Data yang diperoleh baik secara sekunder dan primer dalam penelitian ini akan dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa perlindungan hukum bagi pembeli tanah warisan yang belum dibagi adalah pembeli dapat mengajukan gugatan secara perdata terhadap penjual, serta notaris dan PPAT yang merupakan pejabat umum yang terlibat dalam proses pembuatan akta jual beli tanah warisan tersebut, yaitu gugatan Perbuatan Melawan Hukum (PMH) Pasal 1365 KUHPerdata Selain itu, pembeli juga dapat mengajukan tuntutan secara pidana, yaitu melaporkan adanya dugaan tindak pidana penipuan berdasarkan ketentuan pasal 378 Kitab Undang-undang Hukum Pidana (KUHP).

Safety, Health and Feasibility Local Wisdom and Regulation of Marine Products: Convergence and Case Study of Mare Island, Tidore Islands Husen Alting; Suwarti Suwarti; Irfan Ahmad
Journal of Global Pharma Technology Volume 12 Issue 11 (2020) Nov. 2020
Publisher : Journal of Global Pharma Technology

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Purpose: to finds a convergence between the local regulation and wisdom in Mare regarding the sustainability of resources and marine products and its safety, feasibility and health standards. Methods: this study is a descriptive qualitative study which describes regulations on the safety, feasibility and health standards of processing seafood and local wisdom regarding the preservation of marine resources. Result: Local wisdom in Mare has not been able to achieve regulations related to safety, feasibility and health standards of seafood but the local wisdom was able to maintain the sustainability of marine resources. Both of these things can be converged with technology so that the sustainability of marine resources can be achieved while realizing the safety, feasibility and health standards of marine produce. Conclusion: local wisdom is not a static thing so that between local wisdom and the preservation of marine resources and safety regulations, feasibility and health standards of seafood can be converged upon them.

Analysis of Fraud in Civil on Agreements Resulting in Default Catur Erwin Setiawan; Suwarti Suwarti; Nam Rumkel
Journal of Social Science Vol. 2 No. 6 (2021): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze in-depth the fraud based on Article 1328 of the Civil Code on the agreement that can result in default, as well as to examine the legal consequences of the agreement containing elements of fraud based on Article 1328 of the Civil Code, fraud can be canceled or null and void. The research method used in this research is normative research on the rule of law contained in Article 1328 of the Civil Code. The data used in this study is secondary data. The secondary data used in this study consists of primary legal materials that are authoritative which means they have authority, secondary legal materials, and tertiary legal materials. The results of this study indicate that fraud based on Article 1328 of the Civil Code in the Agreement does not result in Default. Because default and fraud in civil law have different elements. Default is regulated in Article 1243 of the Civil Code, while fraud in civil law is regulated in 1328 of the Civil Code. The consequences of an agreement containing an element of fraud can be canceled or null and void by law. The condition for canceling the agreement is that the agreement to be canceled must be reciprocal, namely an agreement that gives rights and obligations to both parties, cancellation is carried out through the court so that the cancellation of the agreement is through a judge's decision, and there must be a default. An agreement can be canceled as stipulated in article 1321 of the Civil Code, while an agreement that has prohibited things causes the agreement to be null and void, based on Article 1254 of the Civil Code.

Legal Existence of Brokers in Land Sale and Purchase Binding Agreement Nurlaila Kadarwati Papuluwa; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the legal position of the broker (broker) as an intermediary trader in the binding agreement for the sale and purchase of land in Indonesia, as well as the legal implications of the actions of the land broker in the binding sale and purchase agreement (PPJB) which resulted in the occurrence of defect of will(wilsgebreken/ defect of consent). This type of research uses the normative type, normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study indicate that legal position of a broker (broker) as an intermediary trader in a binding agreement for the sale and purchase of land in Indonesia in the KUHD arrangement is classified based on an official broker and an unofficial broker. Related official brokers have been regulated in the provision of Article 62 of the KUHD that he must obtain an official appointment fromrequired state officials. Meanwhile, unofficial brokers through the provisions of Article 63 of the KUHD do not grant a monopoly position to brokers, in fact there is an article that allows the existence of unofficial brokers, namely without an appointment from the Minister of Justice and without an oath, namely Article 63 of the KUHD bsd 1792 of the KUHPER. In this case, this unofficial broker is seen as a normal power holder

Mediators Optimization of Civil Disputes Mediation Process at Post-Perma Court No. 1 of 2016 Fahri Latukau; Nam Rumkel; Suwarti Suwarti
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the factors causing the unsuccessful mediation process carried out by the mediator in resolving civil disputes, as well as what steps are important for the existence of the mediator in conducting the mediation process for civil disputes in court in accordance with the mandate of Perma Number 1 of 2016. This research method uses empirical legal research, namely research that looks at the application of legislation in society. The research conducted by the researcher belongs to the type of field qualitative research, namely research that emphasizes the completeness of the data collected in the form of primary and secondary data. The results showed that factors that cause the unsuccessful mediation process carried out by the mediator in resolving civil disputes. First,Certified mediator,The first obstacle regulated by the Supreme Court is admitting an intermediary or third party in the mediation process with a certification issued by the Supreme Court. This is an obstacle, why is that? Because basically a third party or mediator in the mediation process is not required to have a mediator certificate. A logical consequence that arises in the courts is also the limited number of judges with the high quality of cases which do not maximize the mediation process. The effectiveness of the implementation of peace efforts is influenced by the number of cases charged to judges. This will actually affect the performance of a judge in seeking peace for the parties. Another obstacle is the facilities and infrastructure in carrying out mediation.

Analysis of Actions Against The Law Case of Appointment of The Pagu Tribe Custom Leader (Sangaji) In North Halmahera Regency Alimudin Boly; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 1 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the legitimacy of the appointment of the Pagu Tribe Chief based on the Customary Law of the Pagu people, as well as examine the considerations of the judges of the North Maluku High Court (PT) in deciding the case of appointing the Pagu Tribe Head of North Halmahera as an unlawful act (PMH). The research method used in this study is empirical legal research, namely research that looks at the application of laws and regulations in society. The results of this study indicate that validity of the Appointment of the Head of the Pagu Tribe based on the reason that the role of the Traditional Head in resolving land disputes in the Pagu Tribe is as a Peace Judge in customary trials and as a decision maker where the decision is binding for the parties to the dispute. Legal basis consideration of the judge of the District Court Number 13/Pdt.G/2020/PN.Tob decided the case of appointing the tribe head as the customary institutional administrator for the North Halmahera Pagu tribe was an unlawful act (PMH). Regarding loss of wealth (hermogenschade), compensation generally consists of compensation for losses suffered and also in the form of profits that one can expect to receive (gederfdewinst). In this regard, it is not as easy as predicted to determine the amount of compensation.

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