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Andriaman, Mahlil
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Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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EFEKTIFITAS PEMBERIAN NAFKAH TERHADAP ANAK YANG BELUM DEWASA PASCA TERJADINYA PERCERAIAN Pramana, Dian; Rahmayani, Nuzul; Andriaman, Mahlil
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 3 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.2039

Abstract

Abstract: The purpose of this research is to see how the effectiveness of providing income to immature children post-divorce at the Bukittinggi City Religious Court aims to protect and guarantee the rights of immature children after the divorce is still fulfilled. The method used in this study is an empirical juridical method or empirical data collection, which uses primary data or data sourced directly from the field obtained through interviews and matches it with legal materials regarding events found in the field or secondary data, which still requires further processing. Carry on. The study results show that post-divorce support for immature children has yet to work well or effectively. The causes are economic factors, and the mother can provide for her child, the father/ex-husband is no longer in the same area as the child, poor communication between the ex-husband and ex-wife, and the ex-husband remarried. Therefore, a legal remedy can be taken by the ex-wife, namely by applying to the execution of collateral confiscation of the ex-husband's assets which does not kill his livelihood based on SEMA No. 5 of 2021.Keywords : Effectiveness; Divorce; Livelihood of Children who are Not yet dult.
Wanprestasi Dalam Perjanjian Pembiayaan Konsumen (Studi Putusan Nomor 11/Pdt.G/2022/PN Bkt) Lestiani, Karina; Rahmayani, Nuzul; Andriaman, Mahlil
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1186

Abstract

Activities between consumers and consumer financing institutions will occur if there is an agreement. In an agreement, an action cannot be separated from a person who cannot fulfill his obligations so that it can be said to have committed a negligence or made a mistake which is called a default. This research discusses Defaults in Consumer Financing Agreements (Decision Study Number 11/Pdt.G/2022/PN BKt). This research raises two problems, namely 1) How is the implementation of the agreement in consumer financing default cases based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt? 2) What is the analysis of the judge's considerations in settling default cases in consumer financing agreements based on Bukitinggi District Court decision No. 11/Pdt.G/2022/PN Bkt? This study uses a normative juridical method. The data source used is secondary data, namely data obtained through a literature study with primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out by (normative juridical) by using library research (library research) which is a data collection tool that is not directed directly to research subjects. The data analysis used is a qualitative analysis. The results of the study show how the judge considers the settlement of default cases in consumer financing agreements based on the decision of the Bukitinggi District Court Number 11/Pdt.G/2022/PN Bkt and the legal consequences of engagement from a civil aspect in the occurrence of default for both parties in case Number 11/Pdt .G/2022/PN Bkt.. In this decision the judge decided that PT. Mandiri Tunas Finance who defaulted on CV. Roberto First Works. The judge should have decided based on the Civil Code, to determine whether someone has defaulted based on the provisions of Article 1238 of the Civil Code13. In this case the legal consequence of the engagement from a civil aspect in the occurrence of default for both parties is to punish PT. Mandiri Tunas Finance to pay the costs of the case until the trial has been decided in the amount of Rp. 616,000 (six hundred and sixteen thousand rupiah).
Co-Authors Dian Pramana Lestiani, Karina Rahmayani, Nuzul