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All Journal Normative: Jurnal Ilmiah Hukum
Harry Susanto Putra dan Mardius
Fakultas Hukum Universitas Tamansiswa Padang
Law, Crime, Criminology & Criminal Justice

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PENYELESAIAN SENGKETA PERDATA MELALUI GUGATAN SEDERHANA (SMALL CLAIM COURT) DI PENGADILAN NEGERI KELAS 1 A PADANG Mardius ,
Normative Jurnal Ilmiah Hukum Vol 6 No 2 November (2018): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Dispute resolution by giving authority to the court to settle cases based on the value of the object of the dispute, so that dispute resolution can be achieved quickly, simply and lightly according to PERMA Number 2 of 2015, in filing a claim, the maximum value of the case object is Rp.200,000,000 , 00 (two hundred million rupiah) with a simple verification process and led by a single judge with a Small Claim Court, so that dispute resolution can be achieved quickly, simply and at a low cost, but still provide legal force in the form of a judge's decision that has the power forced to be carried out (binding force). In the process of civil dispute resolution through the settlement of a simple lawsuit in the Class 1 A Padang District Court is the registration of a Simple Claim, a simple lawsuit examination, the determination of a judge and the appointment of a substitute clerk, a preliminary examination, the determination of the day of the hearing, the first hearing and peace, proof and verdict.
PENEMUAN HUKUM ( RECHTSVINDING ) OLEH HAKIM DALAM PUTUSAN PERDATA Mardius ,
Normative Jurnal Ilmiah Hukum Vol 5 No 1 (2017): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

This paper reviews and discusses the discovery of law by civil judges in deciding a civil case in the Padang District Court. The source of the authors take the results of observation in the field by making observations and read filings of civil cases that were decided by the judge in deciding civil cases. To be able to decide upon a civil case the judge is not only bound to the evidence of letters and witnesses filed by the litigants but the judge also has a legal view derived from the proof, because with the verification of a judge will be able to find the law for events or legal acts or often called disputed object objects. Proof is the main requirement for the judge to find the law, so that the judge will be able to decide upon a dispute by relating a proof to another proof so as to constitute a series that raises an opinion or conclusion to the judge that it is the law. Applying the law to an event is the work of a judge to find the law in the case or case of his trial, so that the judge will be able to provide a verdict based on the evidence presented to him.
DISPENSASI KAWIN YANG DIBERIKAN KEPADA ANAK DI BAWAH UMUR DI PENGADILAN AGAMA KELAS 1A PADANG Putri Hanifah dan Mardius
Normative Jurnal Ilmiah Hukum Vol 9 No 1 April (2021): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Law No. 16 of 2019 concerning amendments to law No.1 of 1974 concerning marriage. 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 (household) based on the One Godhead. Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years. The prospective bride and groom who have not met the minimum age specified by law, the prospective bride and groom must ask for dispensation of marriage to the religious court. The problem in this research is how is the implementation of the dispensation of marriage given to minors in the Padang religious court and whether the judges consider the dispensation of marriage given to minors in the Padang religious court. This research uses a sociological juridical approach, while the nature of the research is descriptive. For minors to marry, the applicant first submits a letter of rejection from the Office of Religious Affairs (KUA), then this is used as the basis for submitting a dispensation request to the Religious Court. The first stage that takes place is that the parents of the woman or both parents of the male party make a request that is submitted to the head of the Religious Court. The judge's consideration of the dispensation of marriage by minors in the Religious Court The judge gives dispensation to the applicant because the child someone is responsible because the applicant's mother has died and so that unwanted things do not happen because they have been in a relationship for a long time.
PENGARUH KESIMPULAN KERAPATAN ADAT NAGARI (KAN) TERHADAP PUTUSAN HAKIM DALAM PERKARA PERDATA DI PENGADILAN NEGERI PADANG Mardius ,
Normative Jurnal Ilmiah Hukum Vol 6 No 1 April (2018): Normative Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative jurnal ilmah hukum.v6i1 April.376

Abstract

Civil cases in the District Court are caused by disputes between individuals in the civil service. Those who feel aggrieved by other parties in the relationship can file a lawsuit with the District Court. In order for our lawsuit to be granted by the judge, there is evidence that corroborates our lawsuit. One of these factors is the Conclusion of Traditional Density in Nagari, the letter produced by the Kerapatan Nagari Institute in the area as decisive evidence in the decision of a civil case. Conclusion Indigenous Density of Nagari is one of the most decisive proofs of the Judge's decision that the case object is in the form of matters relating to the High inheritance in Minaingkabau, so that the judge in the District Court made the Conclusion on Indigenous Density of Nagari used as a reference to decide a civil case the object is a high inheritance property as well as of course other evidence.
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