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Permasalahan Surety Bond Sebagai Jaminan pada Pengadaan Konstruksi Milik Pemerintah di Universitas Bengkulu Nurhani Fithriah; Edytiawarman Edytiawarman; Slamet Muljono; Dimas Dwi Arso
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.885

Abstract

This research aims to identify and analyze the existence of a Surety Bond as a guarantee in the procurement of government-owned construction, to analyze cases that arise in a Surety Bond as a guarantee in a government-owned construction procurement application, and to identify and analyze the application of a Surety Bond as a guarantee in construction procurement. at Bengkulu University. The research method was tested empirically and sociologically, information was obtained by means of a literature review and field research using direct interviews with parties involved in taking action against the research object's problems. The research results show that the existence of the Surety Bond as a guarantee in the procurement of government-owned construction is an indemnity agreement, the surety acts as a guarantor and is equal to the principal debtor who has the obligation to pay off his debts to the obligee together. If the guarantor is the principal who for some reason is negligent or negligent in fulfilling the obligation to complete the work promised to the obligee, the surety will guarantee on behalf of the guarantor who pays compensation up to the maximum amount determined by surety. Surety Bond as a guarantee in the government's construction procurement application is related to the transfer of risk, where the risk will shift to a third party (Insurance Industry). If the principal is negligent in carrying out its obligations, the surety who wants to pay the damages to the oblige (project owner) matches what is stated in the suretyship. The time limit for payment of compensation is within 14 working days after the guarantor receives notification of non- compliance of PPK or ULP. The application of the Surety Bond application as a guarantee in the procurement of construction at the University of Bengkulu was tried with the branch insurance industry. The branch insurance industry did not provide the guarantee to the head office in Jakarta, so the Head Office in Jakarta refused to pay the claim.
Penerapan Asas Mempersulit Proses Perceraian Pada Persidangan di Pengadilan Agama Bengkulu Slamet Muljono; Edytiawarman Edytiawarman; Dimas Dwi Arso; Nurhani Fithriah
Wajah Hukum Vol 5, No 1 (2021): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i1.365

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. But in reality, there are still many households that end up in divorce. To prevent divorce in the household, positive marriage law in Indonesia adheres to the principle of complicating divorce, the application of which is manifested in the necessity for reasons as regulated in law and divorce can only be made with a decision to file will be implemented at the time of the divorce process in court Religion. This research aims to understand the application of the principle of complicating divorce in the Bengkulu Class 1A Religious Court, with the following problems: What are the factors causing the divorce in the Bengkulu Class 1A Religious Court and, how does the implementation of the principle complicate the divorce process in the divorce trial at the Bengkulu Religious Court. For the purposes of this study, empirical research methods are used, which directly search for data in the field. In analyzing the field data, sociological analysis and normative analysis were used to obtain comprehensive analysis results. Based on the results of field research, it was concluded that divorce in Bengkulu was generally based on economic reasons, and consecutively due to domestic violence, and reasons for having an affair. Of the reasons put forward by the parties who filed for or sue for divorce, most of them are due to economic reasons.
The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono) Nurhani Fithriah
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.593 KB) | DOI: 10.33369/j_bengkoelenjust.v10i2.13827

Abstract

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.
Implementasi Putusan Mahkamah Konstitusi Tentang Kedudukan Anak Luar Kawin Di Wilayah Pengadilan Agama Kelas 1A Bengkulu Dan Dinas Kependudukan Dan Catatan Sipil Kota Bengkulu Dimas Dwi Arso; Edytiawarman Edytiawarman; Slamet Muljono; Nurhani Fithriah
Legal Spirit Vol 6, No 2 (2022): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v6i2.3751

Abstract

The decision of the Constitutional Court Number 46/PUU-VIII/2010 regarding the legal status of children out of wedlock, decided that: Children born out of wedlock only have a civil relationship with their mother and their mother's family as well as with a man as their father which can be proven based on science. and technology and/or other evidence according to the law having a civil relationship, including a civil relationship with his father's family, has raised pros and cons not only among the public, but also among law enforcement and the Indonesian Ulema Council. This study aims to determine and analyze (1) the implementation of the Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the Position of Out-of-Marriage Children in the Class 1A Bengkulu Religious Court Area and the Bengkulu City Population and Civil Registry Office, (2) legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of children out of wedlock to the rights of children out of wedlock, and the opinion of the Judge of the Bengkulu Class 1A Religion Court. 46/PUU-VIII/2010 concerning the position of children out of wedlock. The research method was carried out empirically and normatively. The data used are primary data and secondary data. Primary data was obtained by means of direct interviews with parties related to handling the problem of the object of research, while secondary data was obtained by means of library research. The results of the research are expected to serve as input for decision makers and society in general. Field results show that until now there has never been an application for determination of the position of a child out of wedlock in the area of the Religious Court Class 1A Bengkulu, and if there is an application for the determination of a child out of wedlock, an examination and proof will be carried out regarding the origin of the child, while for the Department of Population and Records The Bengkulu City Civil Service is only for disfiguring and administering the child status determination which has been determined by the Bengkulu Class 1A Religious Court. The legal consequences of Constitutional Court Decision No. 46/PUU-VIII/2010 concerning the position of illegitimate children with respect to the rights of children born out of wedlock only have a civil relationship with their mother and biological father and the families of their father and mother, but only have a kinship relationship with their mother and with their mother's family, while to his biological father and his father's family, the child is not related by lineage. The opinion of the Indonesian Ulema Council of Bengkulu City is in line with the opinion of the Indonesian Ulema Council which issued a fatwa that the Constitutional Court Decision No. 46/PUU-VIII/2010 Regarding the Position of Children Out of wedlock to the rights of children out of wedlock that children resulting from adultery do not have nasab, marriage guardian, inheritance, and nafaqah relationships with men resulting in their birth. Children resulting from adultery only have kinship, inheritance, and nafaqah relationships with their mothers and their mother's family