Mahlil Adriaman
Fakultas Hukum, Universitas Muhammadiyah Sumatera Barat

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PERALIHAN HAK ATAS TANAH TERKAIT PEMBAGIAN HAK BERSAMA BERDASARKAN PEWARISAN DI BPN KABUPATEN LIMAPULUHKOTA Moula Ibra; Anggun Lestari Suryamizon; Mahlil Adriaman
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 2 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i4.1810

Abstract

Maintenance of land registration data is carried out when there is a change in the physical data or the data of the jurisdictional object of Land registration that has been registered The transfer of land rights can be through two ways, namely by switching through a legal event such as inheritance and transferred due to the existence of legal acts such as sharing of rights. As a result of the inheritance, the property belongs to the land. Based on the formula of the above problems, the purpose of this research is to know the process of management of the transfer of land rights related to the sharing of common rights based on inheritance and to know why the BPN of the Fifty City District uses APHB as the basis for transfer of inherited rights. The research method used by the authors in this study is descriptive, which is the research that focuses on solving the problem investigated by describing the state of the subject and the object based on apparent facts. The result of this research is that there are several factors or several things that cause the division of inheritance rights to be done with two processes first yaiu by descending inheritors first then using the Act of Common Division of Rights as the basis for the distribution of heritage rights.
ANALISIS YURIDIS PEMBATALAN PERKAWINAN SEJENIS YANG TERJADI AKIBAT PEMALSUAN IDENTITAS (Studi Kasus Putusan Nomor 540/Pdt.G/2020/PA.GM.) Amel Wahidliradefi; Anggun Lestari Suryamizon; Mahlil Adriaman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1944

Abstract

Same-sex marriages are marriages performed by same-sex couples who are commonly referred to as gay or lesbian, at the present time this type of marriage is rife, one of which occurred in Gelogor Village, Kediri District, West Lombok Regency, where the practice of marriage in Decision Number 540/Pdt.G/2020/PA.GM. This research will discuss the legal provisions against same-sex marriage due to identity falsification according to the provisions of Law Number 1 of 1974 concerning Marriage and its legal consequences. This research includes normative juridical research using a library approach, as well as using two sources of primary and secondary law. The results of this study indicate that the marriages carried out by Respondents I and II were invalid according to the terms and conditions of the marriage and an annulment of the marriage had to be carried out, moreover the falsification of identities committed by the Respondents had a significant impact on assets and third parties related to this practice. In addition, according to the Criminal Code in article 263 identity forgery, especially sex in marriage can be criminally charged because of indications of falsification of data and documents.
PERLINDUNGAN HUKUM PENGGUNA LAYANAN OJEK ONLINE OLEH PT GRAB INDONESIA CABANG BUKITTINGGI Silfi Gustria; Nuzul Rahmayani; Mahlil Adriaman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1934

Abstract

The purpose of this research is to find out and analyze the obstacles faced by PT Grab Indonesia, as well as efforts made to overcome the obstacles encountered at the Bukittinggi branch. This research is analytical descriptive in nature, meaning that this research aims to provide data about a situation or social phenomena that develop in the midst of society in accordance with facts and without engineering, so that with this research it is hoped that it will be able to obtain a comprehensive, complete and systematic picture of object under study. This type of research uses empirical juridical research, namely data and facts obtained in the field and then researched and developed based on law. Obstacles faced by GrabBike service users in the city of Bukittinggi include the application being too complicated to understand in its use for some Grab service users, tariffs changing and starting to become unaffordable for some users, Grab service provider partners who do not meet standard equipment in carrying out activities that have been determined by Grab. The efforts that can be made to overcome the obstacles faced include; Grab service users when using the service are required to search, read and follow the instructions for using the application, PT. Grab Indonesia also needs to update a simpler application so that it is easier to understand and can be used by all groups and legal protection in the form of preventive and repressive.
EFEKTIFITAS MEDIASI PADA PENYELESAIAN SENGKETA HARTA WARISAN DI PENGADILAN AGAMA PAYAKUMBUH Diana Eka Putri; Nuzul Rahmayani; Mahlil Adriaman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1949

Abstract

The settlement of inheritance disputes at the Payakumbuh Religious Court is a complex and sensitive matter, involving parties who have interests and family relationships. In an effort to overcome this problem, mediation is an effective alternative in finding a fair solution for all parties involved. This research aims to evaluate the effectiveness of mediation as an alternative method in resolving inheritance property disputes at the Payakumbuh Religious Court. The research method used is a field study with in-depth interviews with the parties involved in the inheritance dispute, the mediator, and the judge handling the case. The results showed that mediation had a positive impact on the settlement of inheritance disputes. The mediation process allows the disputing parties to communicate openly and seek mutual agreement. In addition, mediation also reduces the workload of the Payakumbuh Religious Court because some cases can be resolved persuasively through mediation without involving lengthy court proceedings.The effectiveness of mediation is also faced with several challenges, such as the refusal of some parties to mediate, differences in cultural approaches, and the tendency of some parties to insist on their demands. Therefore, more intensive efforts are needed to increase public understanding of the benefits of mediation in property dispute resolution.
PELAKSANAAN AMAR PUTUSAN GUGATAN REKONVENSI TENTANG HAK-HAK ISTRI DAN ANAK PASCA PERCERAIAN PADA PENGADILAN AGAMA TANJUNG PATI Asmalinda Asmalinda; Nuzul Rahmayani; Mahlil Adriaman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1945

Abstract

This research includes research with a normative juridical approach. Data sources in this study are primary legal materials, secondary materials, and supporting data. Data collection techniques using literature study techniques. Data processing techniques by editing. Law Number 1 of 1974 contains various provisions regarding marriage and divorce. Data from the first source were immediately analyzed by trying to find a comprehensive explanation of the activities that occurred on the issue of divorce according to the view of Islamic law and after the enactment of Law No. 1 of 1974. The conclusion of this study is: Whether the implementation of Amar Judgment Lawsuit reconvention on the rights of wives and children after divorce in Pengadilan Agama Tanjung Pati can be carried out according to the view of Islamic law and after the enactment of Law No. 1 of 1974. The obstacle to divorce according to the view of Islamic law and after the enactment of Law No. 1 of 1974 is the non-implementation of the results of the judgment after divorce caused by the Defendant not keeping his promise after the divorce.
ANALISIS PEMBELAAN HAK MILIK TERGUGAT DALAM SENGKETA PERJANJIAN JUAL BELI TOKO DI PLAZA BUKITTINGGI Rabiul Fadjri; Anggun Lestari Suryamizon; Mahlil Adriaman
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1993

Abstract

This case involved a dispute over a sale and purchase agreement that was heard by the Bukittinggi District Court under number 2/Pdt.G/2022/PN Bkt. The defendant was charged with unlawful conduct, but defended himself by arguing that his actions could not be categorized as unlawful. The essence of the problem in this dispute is that the plaintiff denies the existence of a sale and purchase agreement, which is the basis of the claim. The formulation of the problem of this research is to find out how the defense of the defendant I’s property rights in the face of the verdict and what defense theory is used, as well as the consideration of the panel of judges in deciding the case. The research method used is the Descriptive method with a Normative Juridical approach, which only uses written regulations from the library as a secondary data source. The results showed that Article 1918 of the Civil Code gives the opposing party the right to submit counter proof to a decision that has permanent legal force. In defending property rights, there are several important elements that can be considered, such as proof of ownership, breach of agreement/contract, and violation of law or procedure.