Article Per Year (5 Year)
p-Index From 2021 - 2026
5.553
P-Index
This Author published in this journals
All Journal JURNAL MAGISTER HUKUM UDAYANA Jurnal IUS (Kajian Hukum dan Keadilan) JUSTITIA JURNAL HUKUM Jurnal Jatiswara Pagaruyuang Law Journal Jurnal Abdi Insani Jurnal Kompilasi Hukum Jurnal Risalah Kenotariatan Refleksi Hukum: Jurnal Ilmu Hukum Private Law Jurnal Pepadu Journal of Law, Environmental and Justice Indonesian Journal of Advocacy and Legal Services
Fathoni, M. Yazid
Dosen Fakultas Hukum Universitas Mataram
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

Published : 54 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 54 Documents
Search

 1   2   3   4   5 
Tinjauan Yuridis Sosiologis Tentang Perjanjian Pinjaman Tanpa Jaminan Di Unit Pengelola Kegiatan (UPK) Di Suela, Lombok Timur Baiq Annisya Desti Aulia; M. Yazid Fathoni
Private Law Vol. 2 No. 3 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v2i3.1564

Abstract

The aims of this study is to identify and analyze unsecured loan agreements, especially in the Activity Management Unit (UPK). This study uses an empirical normative research method with conceptual approach, statute approach, and sociological approach. The agreement without any guarantee is one of the Community Empowerment Trust Fund (DAPM) programs in poverty reduction efforts. Based on the results of the research, the problems that arise are default in the form of bad loans and transfer of loan payments that occur due to several factors. The solution is to carry out several stages without giving a fine to the debtor.
Akibat Hukum Wanprestasi Dalam Perjanjian Sewa Menyewa Lahan Antara Pemilik Dengan Pihak Bumdes Di Kawasan Wisata Senggigi Tanjung Bias M. Yazid Fathoni; Sahruddin Sahruddin; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 3 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v2i3.1631

Abstract

The utilization of the coastal border area for business in Senteluk Village Batulayar District usually make a conflict, especially between the businessman and the people who claim to be land owners, in a lease agreement legal relationship. Based on this case, the study's purpose is to find out the status of the land or lease agreement object in the coastal border area. The research method in this research is normative-legal research. The result of this study showed that first, land or lease agreement objects in Tanjung Bias could be analyzed based on two perspectives. In the first perspective, If we analyze the legislation, the land is a coastal border, it is meant that the area should be possessed and managed by the state. In the second perspective, the coastal border is the private land owner and not the state owner because the owner has a certificate or authentic evidence to prove her land. The court decision showed that the land or lease agreement object at the coastline border area is the owner of the plaintiff or individual rights. If the party default so the lessee or the landowner has the right to null and void the lease agreement or they could make another legal action based on the legislation
Tinjauan Yuridis Terhadap Pengelolaan Hutan Oleh Masyarakat Di Kawasan Geopark Rinjani: (Studi Di Hutan Benang Kelambu Lombok Tengah) Khairuddin Khairuddin; M. Yazid Fathoni
Private Law Vol. 3 No. 1 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i1.2196

Abstract

This study aims to find out the legal basis for communities that carry out forest management in the Rinjani Geopark area and how the government plays a role in supervising community actions on forest management in the Rinjani Geopark area, especially in the Benang Kelambu forest area. This type of research is empirical legal research, with a statutory approach, a sociological approach and a conceptual approach. The results of this study show that (1) the legal basis for the community to manage, namely forests, refers to the Decree (SK) of the Minister of Forestry No. 436 / Menhut-II / 07 concerning the Determination of Community Forest Work Areas and is strengthened by the rules that legalize these activities. (2) The role of the government in forest management is: the role to control, manage, regulate and play a role to supervise so that forest sustainability can be maintained properly.
Analisis Putusan Mahkamah Agung Nomor 1644 K/Pdt/2020 Atas Perkara Ingkar Janji Menikah Sebagai Dasar Perbuatan Melawan Hukum Wildan Sugandi; M. Yazid Fathoni
Private Law Vol. 3 No. 1 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i1.2207

Abstract

This study aims are to know agreement law on propose according to Civil Law, Marriage Law, Islamic Law Compilation, indigenous law and to know ratio decidendi of supreme court verdict Number 1644 K/PDT/2020 in the case of marriage broken promises as the foundation of act against the law. Type of this research is normative legal research and applies statute, conceptual and case approaches. Result of this study shows that marriage broken promise is an act against the law which refer to Article 1365 Civil Law in general meaning. Judge consideration which used in the case Number 1644 K/PDT/2020 is interpretation on the concept of act against the law in general meaning, which including actions that against the decency and propriety in the society values. Marriage broken promise cause material and non-material loses thus in judge decision obligate the defendant to pay loses as Rp. 150.000.000,- to the plaintiff as consequences of defamation which he had done to the platiff.
Kedudukan Perkawinan Beda Agama Yang Telah Di Catatkan Ditinjau Dari Undang-Undang Nomor 1 Tahun 1974 Dan Kompilasi Hukum Islam Annisa Nailis Saadah; Sahruddin Sahruddin; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2586

Abstract

This study aims to analyze the position of registered interfaith marriages in terms of Law Number 1 of 1974 and the Compilation of Islamic Law. The type of this research is normative legal research. Then the approach used is a statutory, conceptual, and an analytical approach. Sources of legal materials are obtained from existing legal materials, which are legislations and court decisions. Based on the results of the research, the position of interfaith marriage that has been registered in terms of Law Number 1 of 1974 and the Compilation of Islamic Law is illegitimate because it does not meet the provisions of Article 2 paragraph (1) of the Marriage Law as a criterion for the validity of marriage. The interfaith marriage has consequences on (1) the status and position of the child, which is illegitimate, (2) the religious status of the child is the responsibility of both parents, (3) non-Muslim heirs are entitled to inheritance property given through mandatory wills, (4) joint property of interfaith marriages is divided based on the consent of husband and wife, and (5) the breakup of interfaith marriages is carried out by filing a marriage annulment application through the district court.
Pencatatan Perkawinan Beda Agama : (Analisis Penetapan Nomor: 508/Pdt.P/2022/PN.JKT.SEL) Dewi Andriani; Sahruddin Sahruddin; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2588

Abstract

This study's purpose is to determine the regulation of interfaith marriages, the judges' legal considerations determine, the position of children in interfaith marriages. This research is a normative legal research method. The results of this study: 1) The regulation for interfaith marriages, namely the Civil Code, HOCI, Staatsblad No.158/1898, Act Number 1 of 1974 concerning Marriage, Presidential Instruction No. 9 of 1991 concerning Islam Law Compilation, Supreme Court Decision Jurisprudence No.1400/K/Pdt/1986, Constitutional Court Decision No. 68/PUU-XII/2014. 2) The judge's legal consideration is that the applicant has married at the Nusantara Christian Church based on Article 2 Paragraph (2) of Act Number 1 of 1974 and Article 99 KHI. 3) The children resulting from interfaith marriages is an illegitimate children based on Article 42 of the Act Number 1 of 1974 and Article 99 KHI.
Tinjauan Yuridis Pelaksanaan Perjanjian Jual Beli Bahan Bangunan Antara PT. Bale Citra Lestari (Depo Jaya Bangunan) Dengan Kontraktor Ni Putu Wimas Lestari Dewi; Lalu Hadi Adha; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2593

Abstract

The purpose of this study is to find out the implementation and obstacles of the sale and purchase agreement of building materials between PT Bale Citra Lestari (Depo Jaya Bangunan) and the contractor providing building materials. The type of his research is normative-empirical legal research. The results indicated that PT Bale Citra Lestari (Depo Jaya Bangunan) and the contractor conducted (made) a written non-standard sale and purchase agreement for building materials based on the trust of the parties and only had a note or invoice as proof of payment. The contractor bought some building materials using a term payment system, but until now the contractor has not paid the remaining terms due to several obstacles outside the agreement that has been contracted, so the contractor is in default.
Penerapan Peraturan Menteri Agraria/Kepala Badan Pertanahan Nomor 21 Tahun 2020 Dalam Penyelesaian Sengketa Tanah Melalui Mediasi : (Study Di BPN Lombok Tengah) Lalu Muhammad Wira Arizki; Arief Rahman; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2612

Abstract

This study aims to determine the application of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020. Furthermore, this study analyzes the Supporting and Obstacle Factors in the Land Dispute Resolution Process through the Mediation Process. The research method used is the empirical legal research method. The results of this study reveal that the settlement of land disputes at the Central Lombok National Land Agency through mediation has been running well and optimally. There are many land disputes resolved through non-litigation channels, namely mediation. The supporting factor of the mediation is the regulations that facilitate and clarifies in resolving land disputes. The inhibiting factors in land dispute resolutions through mediation at the Central Lombok District Land Office include, first, the parties did not have good intentions, they instead take advantage of the mediation process to stall for time, pretending to forget or dishonesty in resolving disputes. Second, the parties in land disputes insisted to defend their respective rights.
Penerapan Pasal 81 Poin 20 Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Dalam Kontrak Antara Perusahaan Dengan Buruh/Pekerja Alih Daya Di Kota Mataram Wahyu Putra Romadhon; H. Zaeni Asyhadie; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2617

Abstract

The purpose of this research is to determine how the contract is implemented between companies and outsourced workers/laborers in the city of Mataram. This research is based on Article 81 Point 20 of Law Number 11 of 2020 concerning Job Creation which amends Article 66 of Law Number 13 of 2003 concerning Employment. This research method is a normative legal research method. In implementing the work agreement made by PT.251 CSS (Cakra Samawa Sakti) with outsourced workers/laborers, they still need implement paragraph 3 of Law Number 11 of 2020, which amends Article 66 of Law Number 13 of 2003.
TINJAUAN YURIDIS AKIBAT HUKUM ADANYA UNSUR PENIPUAN DALAM PERJANJIAN UTANG PIUTANG Zikriatul Aini; M. Yazid Fathoni
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3428

Abstract

This study aims to determine the legal consequences if there is an element of fraud in the debt agreement and how the judge considers in deciding the case in decision no. 4 PK/Pid/2019. This type of research is normative research, with the approach method used being the statutory approach (Statue Approach), conceptual approach (Conceptual Approach), and analytical approach (Analytical Approach). Based on the research results, this case has legal consequences, namely Erni Saroinsong was proven to have committed fraud and was sentenced to 2 (two) years in prison, and the debt agreement between Erni Saroinsong and Robert Thoenesia can be requested for cancellation following Article 1328 of the Civil Code.
Co-Authors Adha, Hadi Aghna Vitra Baradi Anang Husni Andrian Putra, Shidqi Annisa Nailis Saadah Ardyani, Aulia Shagita Arief Rahman Arief Rahman Arifin Dilaga, Zaenal Aris Munandar Asrar, Nafisatul Baiq Annisya Desti Aulia Caska - Damayanti, Lisa Maulida Dewi Andriani Diangsa Wagian, Diangsa Dilaga, Zaenal Arifin Gunawan, Matthew Marcellinno H. Zaenal Arifin Dilaga Hasan Asy’ari Hasnawati HS, Salim Irpan Manik Pujiana Khairuddin - Kusuma, Rahmawati Lalu Hadi Adha Lalu Muhammad Wira Arizki Lego Karjoko Mohammad Irfan Musakir Salat Ni Putu Wimas Lestari Dewi Nihayatuzzain Novitaningsih Dwi Trisnawati Rahmawati Kusuma Ramona Milenia Rohadi Rifqi Khaeratul Ihsan Rohmatullah, M. Romdhani Sahnan - Sahnan Sahnan Sahruddin Sahruddin Sahruddin Sahruddin Sahruddin Sahruddin, Sahruddin Sahrudin Sahrudin Sahrudin, Sahrudin Sugeng Santoso Vasalo, Acacio Fernandez Wahyu Putra Romadhon Wildan Sugandi Zaenal Arifin Dilaga Zaeni Asyhadie Zikriatul Aini