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Yuli Heriyanti
Universitas Pahlawan Tuanku Tambuai
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Pelaksanaan Eksekusi Sita Marital Pembagian Harta Bersama Putusan Nomor 385/PDT.G/2020/Pa.Bkn di Pengadilan Agama Bangkinang Widhah Fakhira; Ratna Rianti; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.1

Abstract

This study discusses the execution of marital confiscation over the distribution of joint assets (juridical analysis of Court Decision Number 385/Pdt.G/2020/PA.Bkn) at the Bangkinang Religious Court, and the obstacles in carrying out the execution in decision Number 385/Pdt.G/2020 /PA. No. The method used is Observational Research through interviews as a data collection tool. This research is analytical descriptive in nature, which provides a clear and detailed description of an event that occurred. The process of carrying out the execution of marital confiscation over the distribution of joint assets based on Court Decision Number 385/Pdt.G/2020/PA.Bkn cannot be carried out because the plaintiff withdrew the application for confiscation of execution. The obstacles faced were that the implementation process cost quite a lot, the selling value of the object of the case decreased due to an assessment carried out by KJPP, if the auction object was sold, an application for the execution of vacancy which costs more was required, and the distribution of the proceeds from the auction was not in accordance expectations and divided into two parts.
Kajian Yuridis Undang ¬- Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum dalam Putusan Mk.50/Puu-X/2012 Annisa Berliani; Hafiz Sutrisno; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.2

Abstract

This study aims to find out how the legal protection of citizens' constitutional rights against land expropriation for the public interest by the state. The formulation of the problem proposed is first, why the applicant filed a review of Law no. 2 of 2012 concerning land acquisition for development in the public interest to the Constitutional Court and second, the basis for consideration of the constitutional judges in the Constitutional Court's decision no. 50/PUU-X/2012 which rejected the applicant's application. Using the research method of juridical normative analysis, with this approach we can describe and describe how the legal protection of citizens' constitutional rights against land expropriation for the public interest by the state. The research data was collected by means of a literature study using a conceptual approach. The results of the study concluded that first, Law no. 2 of 2012 is considered to ignore the interests of the community for the sake of business interests by certain groups so that the state is considered to have legalized the seizure of people's land which will cause the lower class people to suffer and secondly, the applicant's arguments have no legal basis. According to the Constitutional Court Judge, although the state provides opportunities for the private sector to be able to participate in fulfilling the public interest, the state can still determine policies related to the public interest, for example in setting toll rates managed by the private sector, so that the private sector cannot fully determine road tariffs by themselves. the toll road that is the investment of the person concerned. This study recommends the need for improvements and reforms in drafting the law should consider more input from the community, especially those who will be affected by the regulation, so that there are no lawsuits from the community.
Penyelesaian Sengketa Klaim Asuransi Kehilangan Kendaraan Bermotor pada Masa Kredit (Studi Kasus di PT. Capella Dinamik Nusantara Kabupaten Kampar) Andi Prayoga; Ratna Rianti; Yuli Heriyanti
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.3

Abstract

There are two formulations of the problem, how to resolve a dispute on insurance claims for motorvechicles loss during the credit period at PT. Capella Dinamik Nusantara with what are the obstacles and obstacles in making insurance claims for insurance claim for motorized vehicles that are lost during the credit period, this study aims to detemine the settlement of insurance claims for loss of motorvehicles during the credit period at PT. Capella Dinamik Nusantara and to find out the obstacles and obstacles in making insurance claim for motorized vehicles that are lost during the credit period, this research method is a qualitative descrptive field research by taking a legal approach, namely the status approach, (case approach approach, historical approach(historical approach). The data used include statutory regulations as primary legal materials, books, journals, scientific publications as secondary materials, and dictionaries as teertiary legal materials.the results of the first study were based on an analysis conducted by comparing the laws and regulations, namely Law Number 40 Of 2014 Conceming Insurance, Article 246 of the KUHD, then with Law of Article 1 Paragraph (1) Number 8 of 1999 conceming Consumer Protection. Asuransi Astra Honda is required to pay the premium for claims submitted by the doctor, then mediation is carried out to obstacles in making insurance claims, the debtor’s lack of thoroughness in reading and understanding the contents of the initial agreement, which results in different interpretations, negligence in driving by the insured due to non-fulfillment of the requirements for motorized vehicle documents.
Penyelesaian Wanprestasi pada Perjanjian Sewa Beli Sepeda Motor Bekas di UD.MBS-Motor Sangap Mangatur Sinaga; Yuli Heriyanti; Hafiz Sutrisno
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 1 No. 1 (2023): February - May 2023
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v1i1.5

Abstract

The need for transportation is very important both for transportation of school children and even for business purposes. One of the transportation needs is a motorbike. For some people the need to own a motorbike can be fulfilled easily but for some it is still difficult because of economic limitations. As a result of the community's purchasing ability in cash is reduced, then there is a sale and purchase in installments with a lease and purchase agreement, which can cause default problems. settlement of the price of the goods that have been mutually agreed upon and which is bound in an agreement and the ownership rights to the goods are only transferred from the seller to the buyer after the total price has been paid in full by the buyer to the seller. at UD. MBS-Motor, namely: What are the factors that cause default in the motor vehicle rental agreement and what is the form of settlement of the default in the used motorcycle rental agreement at UD. MBS-Motor. This research was conducted using the observation method by collecting data by direct question-and-answer interviews with debtors who defaulted and samples were taken randomly as much as 10% of the sample population, and data collection was also carried out by interviewing parties. company. From the direct research results obtained several factors that cause default, namely socio-economic factors and the existence of bad faith from the debtor. Problem solving in the motor vehicle rental agreement at UD. MBS-Motor usually uses two methods, namely by deliberation to reach consensus, and by court lawsuits, but in practice it often uses the deliberation and consensus method, because it is considered more effective and less complicated, unless the tenant really does not want to be responsible for the mistakes that have been made he did.
Co-Authors Andi Prayoga Annisa Berliani Hafiz Sutrisno Ratna Rianti Sangap Mangatur Sinaga Widhah Fakhira