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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice
Suhessyani, Anggrita Esthi
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL PROTECTION FOR GOVERNMENT BANKS ON THE IMPLEMENTATION OF WRITE-OFF Ambarwati, Mega Dewi; Suhessyani, Anggrita Esthi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i1.5

Abstract

Write-off is a way to improve credit system of bank by moving a problematic loan that difficult to handle from bank's balance sheet become extracomptable therefore it will not burden the bank's performance later, however it does not remove the bank's right to collect as an effort to pay off problematic loans to the debtor. At a macro level, this research has a goal to improve the financial performance of banks by write off system. The specific objective is to provide legal protection for banks that carry out a write-off system and rescue problematic loans (credit) by write-off system. Statute Approach (Statute Approach) was done by reviewing every laws and regulations related to the write-off system of problematic loans in governmental banks. Conceptual Approach was done in order to maintain researcher to stay by the existing legal rules. While write-off mechanism is one of the efforts to save problematic loans that commonly used by banks. To decide whether problematic credit is included in the criminal law and corruption or not, it should be necessary to observe the process. Based on the description it can be concluded that as long as credit decisions that end up problematic are made based on business judgment, decided without a conflict of interest, and are accountable, it should not be criminally wrong.
LEGAL RESEARCH AGAINST MARRIAGE CANCELLATION DUE TO IDENTITY FALSIFICATION: A Case Study of Sidoarjo Religious Court Decision No. 1213/Pdt.G/2020/PA. Sda Ni'mah, Farah Firdausi; Suhessyani, Anggrita Esthi
Srawung: Journal of Social Sciences and Humanities Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (181.36 KB) | DOI: 10.56943/jssh.v1i3.152

Abstract

The marriage cancellation can occur because of the decision from Religious Court or District Court. It is caused lack of requirements in a marriage. Under some circumstances a marriage can also be annulled since the stipulation of a court decision which has permanent legal force and is valid since the marriage begins. This research indicated that marriage cancellation occurred due to violation on the provision of Article 72 Paragraph (2) Islamic Law Compilation adds the phrase ‘fraud’ or misunderstanding about husband or wife. In addition, it is strengthened by the existence of defendant who did not ask for a polygamy permit application to the Religious Court as regulated in Article 71 Letter A in Islamic Law Compilation. The legal consequences that derives from marriage cancellation which regulated in Article 28 Paragraph (2) of Law No. 1/1974 concerning marriage. The objective of this research is to analyze the factors of identity falsification caused marriage cancellation and to find out the judge’s consideration in Religious Court Decision with the case No. 1213/Pdt.G/2020/PA.Sda. The method used in this research is juridical-normative. This research analyzed normatively regarding the case of marriage cancellation due to identity falsification. The legal consequent of this marriage cancellation is the born child is still be considered legal. When the plaintiff filed a lawsuit, other defendant’s wife was died. Therefore, the plaintiff and defendant both agreed to cancel their marriage and will legally remarry.
AN IMPLEMENTATION OF CHILD CUSTODY DECISION AFTER DIVORCE: A STUDY IN MONDOLUKU VILLAGE, WRINGINANOM, GRESIK Suhessyani, Anggrita Esthi; Permanasari, Lolita; Munawaroh, Siti; Saraswati, Arya Made Sridevi
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.641

Abstract

Marriage is an internal bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family. However, domestic harmony requires sustained effort and mental and material preparations. When conflicts in marriage are not resolved, divorce is often an option. This research aims to understand the practice of implementing decisions related to child custody after divorce in Mondoluku Village, Wringinanom, Gresik. The method used is qualitative with data collection techniques through interviews, observations, and document studies. The results showed that many divorced couples do not implement court decisions related to child custody, which has a negative impact on children’s welfare. The obstacles involved a lack of understanding of the law and economic constraints. Efforts from relevant parties, such as community leaders and local government agencies, in providing legal education and mediation have been implemented, but their effectiveness still needs to be improved. Therefore, this research is able to offer a comprehensive overview of child custody protection after divorce, which requires better coordination and increased resources to ensure children’s welfare. The research highlights that determining child custody involves various administrative and procedural steps, requiring cooperation among families, courts, and social institutions to prioritize the child’s best interests. It also points out challenges such as inadequate public understanding of custody, limited resources, and the psychological effects on children, which impact the effectiveness of custody implementation after divorce.
Co-Authors Ambarwati, Mega Dewi Ni'mah, Farah Firdausi Permanasari, Lolita Saraswati, Arya Made Sridevi Siti Munawaroh