Garuda - Garba Rujukan Digital

Penerapan Putusan Serta Merta (Uit Voerbaar Bij Voorraad) Terhadap Perkara Perdata Pada Pengadilan Negeri Pekanbaru Kelas I A. Geremy Joy N; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The judge's decision aims to resolve a dispute, the litigants have the option to submit anapplication for an immediate decision (Uitvoerbaar Bij Voorraadd) and efforts to make ithappen are regulated in Article 180 paragraph (1) HIR/Article 191 paragraph (1) Rbg,even though the Pekanbaru District Court Class I A often accepts requests for judgmentsimmediately (Uitvoerbaar Bij Voorraadd), but very rarely grants them. Immediateapplication of decisions (uit voerbaar bij voorraad) in civil cases in Register Number:26/Pdt.G/2012/PN.PBR and civil cases register number: 116/Pdt.G/2013/PN.PBR at thePekanbaru District Court Class 1A.This type of research can be classified into the type of sociological research, with theresearch location taking place at the Pekanbaru District Court Class IA, while thepopulation and sample are all parties related to the problem under study. This study usesdata sources in the form of primary data and secondary data, and data collectiontechniques are carried out by interviews.From the results of the study, there are two main things that can be concluded, firstly theapplication of an immediate decision (Uitvoerbaar Bij Voorraad) at the PekanbaruDistrict Court has clearly been effective and relevant to be guided by developments in theworld of justice, because before deciding an immediate decision, every condition has beenfulfilled in accordance provisions of the Supreme Court Circular Letter Number 3 of 2000Concerning Immediate Decisions (Uitvoerbaar Bij Voorraad) and Provisional andSupreme Court Circular Letter Number 4 of 2001 concerning Issues of ImmediateDecisions (Uitvoerbaar Bij Voorraad) and Provisionil. Decisions can immediatelybecome guidelines for judges to settle cases that cannot be executed because they do notinclude a commendator's order in their decision. Second, the obstacle to the granting ofan immediate decision (Uitvoerbaar Bij Voorraad) according to the materialrequirements lies in the discrepancy between the case and the facts of the trial, becausemany cases that ask for an immediate decision (Uitvoerbaar Bij Voorraad) tend not tomeet the requirements set by SEMA, because most cases are in court Pekanbaru State, didnot prepare the conditions needed to grant the decision immediately (Uitvoerbaar BijVoorraad). Formal obstacles when one of the seven requirements is met, the judge isinstructed not to decide the case immediately, but first to consult the chairman of the highcourt and the chairman of the district court, although this procedure tends to limit theindependence of judges, this is in accordance with the principle of prudence alwaysemphasized by the Supreme Court of the Republic of Indonesia in handling cases forwhich an immediate decision is requested (Uitvoerbaar Bij Voorraad).Keyword : Dispute, Civil Case, Implementation of Immidiate Verdict.

Penyelesaian Cerai Gugat Secara Verstek Pada Putusan Nomor 270/Pdt.G/2020/PA.Sak di Pengadilan Agama Siak Sri Indrapura Rahmi Febriani; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Based on the legal system in Indonesia, the divorce process must be carried out by way of alawsuit in court, where the judge will act as a mouthpiece for the husband and wife who are inlitigation so that they can give a decision which is expected to be the best solution. One of thedivorce cases that need to be highlighted is a divorce that occurs after a verstek decision from thecourt. This decision is a decision issued by a judge when one of the parties (the Defendant) ortheir attorney never comes to attend the trial. There is one verstek lawsuit divorce decision that thewriter will examine in this research, namely the decision of the Siak Sri Indrapura Religious CourtNumber 270/Pdt.G/2020/PA.Sak. In their verdict, the panel of judges granted the plaintiff's claimby giving a verstek unseen verdict. This study aims to determine the extent to which the decision isable to provide justice for the litigants, and review whether the considerations of the panel ofjudges in deciding are in accordance with the applicable laws and regulations.The type of this research is sociological legal research, namely legal research conducted by directresearch into the field plus legal literature or secondary data. This research will further examinethe various sources of law in the form of applicable laws or regulations related to the theory ofjustice and the theory of judge's decision in the divorce process where the decision is in the formof an unseen ruling in a verstek way.The data collection technique in this study was the review ofwritten information (library research). After the data was collected, it was analyzed to drawconclusions.From the research results, there are two main things that can be concluded. First, the strength ofthe witnesses in case Number 270/Pdt.G/2020/PA.Sak has fulfilled the requirements based onstatutory regulations but is not strong because the witness has an emotional bond with thePlaintiff. Second, the settlement in this contested divorce was carried out with the issuance of averstek decision because neither the Defendant nor his attorney was present before the trial.Keywords: Settlement–Divorce Lawsuit–Verstek–Religious Court

Analisa Hukum Akibat Pencabutan Kekuasaan Orang Tua menurut Hukum Perdata Hadri Jasman Hutasoit; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

The protection of children's rights in the family is closely related to the parents. Parents are thebiological father or mother, and the family is a small community unit consisting of father and/or mother andchildren. Parents, families and communities are responsible for protecting and maintaining in accordancewith what is imposed by law. As parents in civil relations with their children have what is called parentalauthority. In 2020 the number of cases increased, for cases of children victims of economic neglect (livingrights) totaling 239 cases, while for cases of neglect of children victims of neglect of parents and families,there were 107 cases. It is not uncommon for one case to involve more than one victim and perpetrator.Even though parental authority is inherent in civil relations, however, parental authority can be revoked inaccordance with Articles 319a to 319m of the Indonesian Civil Code with Article 49 of the same marriagelaw, in 319a it explains that the revocation of parental power is caused by parents abusing their power.parents or too neglect the obligation to care for and educate one or more children. So the problem ofrevoking parental power over children is very interesting to study in a thesis with the following problemformulation: what are the responsibilities of parents towards children who have been revoked by theirparental rights, what efforts should parents make towards children's rights even though parental authorityhas been unplugged.The type of research used in this legal research is the normative juridical method. This research isdescriptive in nature, namely a study that aims to make a clear and detailed picture of the problem. The datasources used are secondary data and tertiary legal materials. The data collection technique in this studyused the literature review method.Based on the results, it can be concluded that the legal consequences of revocation of parentalcustody are contained in Article 319j, namely parents who are released or dismissed from their powers areobliged to provide allowances to the trusteeship board or temporary guardian for the maintenance andeducation costs of children who have been withdrawn from their powers. . Thus it is clear that the legalconsequences of revocation of parental custody of children, both in Law Number 1 of 1974 concerningMarriage, Law Number 23 of 2002 concerning Child Protection, and the Civil Code have legalconsequences that are the same, that is, parents who have had their powers revoked remain responsible forthe cost of living for their children.Keywords: Parental Power, Revocation of parental authority, Civil Law.

ANALISIS PENERAPAN RULE OF REASON DALAM PENEGAKAN HUKUM ATAS PERSEKONGKOLAN BARANG/JASA DI KEMENTERIAN PEKERJAAN UMUM DAN PERUMAHAN RAKYAT (PUPR) KALIMANTAN TENGAH Ilham Ilham; Rika Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research is motivated by the results of decisions in KPPU decisions Number03/KPPU-L/2018, Number 04/KPPU-L/2018, and Number 06/KPPU-L/2018 . Stakeholderemployees appointed to be on the tender implementation committee were involved in theconspiracy to win one of the business actors. The tender committee facilitated collusion withone of the tender participants. The action taken by the tender implementation committee is toorganize and win certain tender participants, namely one of the Reported Parties, by providingexclusive and preferred opportunities and to help organize the Reported Party group to be ableto win the tender by displacing other Reported Parties at the technical level even though thedocuments are complete.This research aims to determine the application of the rule of reason approach and lawenforcement regarding goods/services collusion in the Ministry of Public Works and PublicHousing (PUPR) in Central Kalimantan. The method used is descriptive normative legalresearch using a statutory-regulatory approach to regulations relating to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. This research source uses primary,secondary and tertiary legal materials with data collection techniques based on literature studyand data analysis techniques using the deduction method.The research results obtained are related to the application of the rule of reasonapproach to 3 (three) KPPU decisions, namely Numbers 03/KPPU-L/2018, 04/KPPU-L/2018,and 06/KPPU-L/2018, which are still not perfectly implemented. Furthermore, regarding lawenforcement regarding goods/services collusion that occurred at the Ministry of Public Worksand Public Housing (PUPR) in Central Kalimantan, in this case to the working group as oneof the respondents, the Assembly did not follow the provisions of Article 47 Paragraph (2)Letter F which stipulates there was payment of compensation even though it was legal andproven to fulfill the elements of tender conspiracy as explained in the case above. Even thoughall of the Reported Parties have been legally and convincingly proven in accordance withArticle 22.Keywords : Tender Committe, Conspiracy, Tender

ANALISIS PENERAPAN RULE OF REASON DALAM PENEGAKAN HUKUM ATAS PERSEKONGKOLAN BARANG/JASA DI KEMENTERIAN PEKERJAAN UMUM DAN PERUMAHAN RAKYAT (PUPR) KALIMANTAN TENGAH Ilham Ilham; Rika Lestari; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

This research is motivated by the results of decisions in KPPU decisions Number03/KPPU-L/2018, Number 04/KPPU-L/2018, and Number 06/KPPU-L/2018 . Stakeholderemployees appointed to be on the tender implementation committee were involved in theconspiracy to win one of the business actors. The tender committee facilitated collusion withone of the tender participants. The action taken by the tender implementation committee is toorganize and win certain tender participants, namely one of the Reported Parties, by providingexclusive and preferred opportunities and to help organize the Reported Party group to be ableto win the tender by displacing other Reported Parties at the technical level even though thedocuments are complete.This research aims to determine the application of the rule of reason approach and lawenforcement regarding goods/services collusion in the Ministry of Public Works and PublicHousing (PUPR) in Central Kalimantan. The method used is descriptive normative legalresearch using a statutory-regulatory approach to regulations relating to Article 22 of the Anti-Monopoly and Unfair Business Competition Law. This research source uses primary,secondary and tertiary legal materials with data collection techniques based on literature studyand data analysis techniques using the deduction method.The research results obtained are related to the application of the rule of reasonapproach to 3 (three) KPPU decisions, namely Numbers 03/KPPU-L/2018, 04/KPPU-L/2018,and 06/KPPU-L/2018, which are still not perfectly implemented. Furthermore, regarding lawenforcement regarding goods/services collusion that occurred at the Ministry of Public Worksand Public Housing (PUPR) in Central Kalimantan, in this case to the working group as oneof the respondents, the Assembly did not follow the provisions of Article 47 Paragraph (2)Letter F which stipulates there was payment of compensation even though it was legal andproven to fulfill the elements of tender conspiracy as explained in the case above. Even thoughall of the Reported Parties have been legally and convincingly proven in accordance withArticle 22.Keywords : Tender Committe, Conspiracy, Tender

ANALISIS PERLINDUNGAN HUKUM BAGI KREDITUR ATAS PENETAPAN EKSEKUSI PERJANJIAN KREDIT DENGAN JAMINAN HAK TANGGUNGAN PADA PT.BANK RAKYAT INDONESIA Marissa Illahi Putri; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Credit position in the business world should receive legal protection from astrong guarantee institution and can provide legal certainty for all interestedparties regulated in a special regulation on it. The process of providing credit withcollateral often occurs that the creditor is harmed when the debtor defaults. In fact,creditors holding Dependent Rights have the right to sell the guarantee on theirown power if the debtor defaults as stipulated in Article 6 of Law No. 4 of 1996.However, in practice there is often resistance on the part of the executed debtor,thus hindering the execution of the Right of Dependent.The purpose of the studyis first, legal protection for creditors for the determination of credit agreementexecution. Second, the guarantee of the rights of dependents and the interpretationof execution based on the provisions of the Law on Rights of DependentsThis type of research can be classified into normative types of research. Byfocusing on the scope of legal principles. This research uses data sources in theform of basic norms, basic regulations and laws and regulations from primary dataand archives of execution case files from secondary data, and data collectiontechniques are carried out by library reasearch.From the results of the study, it can be concluded that the creditor's legalprotection for the determination of the execution of credit agreements withcollateral is that the Certificate of Liability has an Executive Title as stipulated inArticle 14 paragraph (2) of Law No. 4 of 1996, so that creditors have full power toexecute the guarantee and get full debt repayment if the debtor defaults. Theinterpretation of the provisions of the article in Law Number 4 of 1996 is to givethe right to sell the object of the Dependent Rights on their own power (parateexecutie) through auction without asking for assistance from the Court, and eventhough the object of the Dependent Rights has moved into the property of otherparties, creditors can still exercise their rights to exercise their rights If the debtordefaults.Keywords: Creditor - Debitor - Legal protection

Tanggung Jawab Atas Mahar Terhutang di Desa Unte Mungkur IV Berdasarkan Kompilasi Hukum Islam Nazara, Afriani; Hendra, Rahmad; Dasrol, Dasrol
Journal of Education Religion Humanities and Multidiciplinary Vol 2, No 2 (2024): Desember 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/jerumi.v2i2.4044

Di dalam perkawinan masyarakat muslim terdapat mahar, yaitu pemberian dari calon mempelai laki-laki kepada calon mempelai perempuan, baik berbentuk barang, uang atau jasa yang tidak bertentangan dengan hukum Islam. Mahar juga dapat dibayarkan secara tunai atau ditangguhkan (hutang), lantas penelitian ini akan berfokus pada bagaimana tanggung jawab atas mahar terhutang dan apa yang menjadi hambatan serta upaya penyelesaian sengketa mahar terhutang di Desa Unte Mungkur berdasarkan Kompilasi Hukum Islam. Jenis penelitian ini dapat digolongkan ke dalam jenis penelitian empiris sosiologis. Dengan lokasi penelitian yaitu di Unte Mungkur IV Kecamatan Kolang Kabupaten Tapanuli Tengah Provinsi Sumatera Utara. Penelitian ini menggunakan sumber data berupa data primer dan data sekunder, dan teknik pengumpulan data dilakukan dengan cara wawancara. Hasil pembahasan tidak hanya memberikan pemahaman terkait tanggung jawab atas mahar terhutang, namun juga memberikan solusi bagi sengketa atas mahar terhutang, serta mendukung penegakan hukum yang berkeadilan di masyarakat.

Perlindungan Hukum Terhadap Usaha Mikro, Kecil, Dan Menengah Dalam Upaya Penguatan Ekonomi Masyarakat Di Kecamatan Kampar Dasrol, Dasrol; Lestari , Rika; Darnia, Meriza Elpha
Jurnal Ilmiah Penegakan Hukum Vol. 11 No. 2 (2024): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v11i2.13049

The research aims to determine the legal protection of UMKM in an effort to strengthen the community's economy in the Kampar sub-district. This research uses the Sociological method. In order to find out how the implementation of existing regulations related to legal protection for UMKM and the extent of their effectiveness in supporting the economic growth of UMKM in Kampar District and the main challenges faced by UMKM in Kampar District in obtaining legal protection in running their businesses. Micro, small and medium enterprises (UMKM) in Indonesia are one of the sectors that make a large and significant contribution to national economic development. This is because the existence of UMKM has proven to be able to drive the economy and reduce the number of unemployed people. UMKM are regulated in Law of the Republic of Indonesia Number 20 of 2008 concerning UMKM. The government has actually provided protection for UMKM as formulated in Article 35 Paragraph (1) of Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises, that “Large enterprises are prohibited from owning or controlling micro, small and medium enterprises as their business partners in the implementation of partnership relationships.” However, in practice this has not been effective given the absence of a supervisory mechanism from the government. On the other hand, this provision is considered only a formality, so that the goal of empowering national entrepreneurs or UMKM is not achieved.

Analisis Penggunaan Mata Uang Asing Dalam Perjanjian Jual Beli Di Indonesia Berdasarkan Syarat Sah Perjanjian Ivanov, Irsandi; Lestari, Rika; Dasrol, Dasrol
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 23 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14564297

The case of people in border areas who still use payment transactions in foreign currency is the people of Nunukan Regency, North Kalimantan, specifically the people of Krayan District, which borders Sarawak, Malaysia. Nunukan Regency is located in the northernmost region of North Kalimantan Province. This district borders directly with the state of Sabah (East Malaysia) to the north, with Bulungan and Malinau districts to the south, to the south with the state of Sarawak (East Malaysia) and to the east with the Sulawesi Sea. Nunukan Regency, which was inaugurated as an autonomous region in 1999, occupies an area of 14,247.50 km2. The applicable currency is not only Rupiah, it also uses Ringgit. The type of research used is normative research on legal principles, namely the principle of legal certainty, so research on legal principles is carried out on legal rules, which are standards for inappropriate behavior or behavior. This research can be carried out on primary and secondary legal materials. The data sources used in this research are secondary data, namely data obtained from literature studies and have binding legal force, consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique used by the author in this research is using library research, namely researching reading sources related to the topic in this research such as: law books, statutory regulations, court decisions related to research, opinions of scholars and other supporting materials. Based on the results of the research and discussion, it can be explained as follows: First, the validity of buying and selling using foreign currency in Indonesian territory is based on the legal conditions of the agreement, violating the legal conditions of the agreement contained in Article 1320 of the Civil Code, namely not fulfilling halal reasons. That by using foreign currency, it means violating Law Number 7 of 2011 concerning Currency. Second, The impact of the use of foreign currency on society in Indonesia can be summarized into several parts, namely: Legal impact: Imprisonment for a maximum of 1 (one) year and a maximum fine of IDR 200,000,000.00. The civil legal impact is that because the principal of the agreement and the legal conditions are not in accordance with statutory regulations, the agreement made by the people of the border area is considered null and void. The impact from an economic perspective is depreciation of the currency value which makes the bargaining value of the Rupiah low which can increase the price of local goods and affect foreign debt payments, which leads to increasingly worse social inequality. The impact in terms of domestic security will be crimes that have economic reasons, because the state fails to maintain economic stability.

Penyelesaian Utang Piutang Antara Debitur Dengan Koperasi Pegawai Republik Indonesia Guru Kecamatan Kampar (KPRI-GKK) Air Tiris Ulfa, Aniza Nahdatul; S, Hengki Firmanda; Dasrol, Dasrol
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 18 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13869631

The Koperasi Pegawai Republik Indonesia Guru Kecamatan Kampar (KPRI-GKK) Air Tiris has debtors whose arrears vary from year to year. In fact, a surat pengakuan hutang or SPH which is used as a form of agreement should be able to minimize the occurrence of bad debts or failure to pay debt installments by the debtor. The purpose of this research is to determine efforts to resolve debts and Koperasi Pegawai Republik Indonesia Guru Kecamatan Kampar (KPRI-GKK) Air Tiris and to find out what factors hinder the settlement of debts and Koperasi Pegawai Republik Indonesia Guru Kecamatan Kampar (KPRI-GKK) Air Tiris. The author uses a type of sociological research, namely research on the effectiveness of current laws. This research was carried out in Air Tiris, Kampar, Riau Province. More specifically, namely at the Koperasi Pegawai Republik Indonesia Guru Kecamatan Kampar (KPRI-GKK) Air Tiris. The sample in this research was selected using a purposive technique, namely determining a number of samples that represent the existing population, namely 3 people. The data collection technique for this research is interviews, literature review. The results of this data analysis are concluded deductively, namely a way of thinking that draws a conclusion from a statement or proposition of a specific nature, from which various conclusions suggestions can be made. Based on the research results, it can be concluded that the agreement for lending and borrowing activities at KPRI-GKK Air Tiris uses a Debt Acknowledgment Letter. The management, through the treasurer, will summon debtors who do not fulfill the agreed SPH contents, then investigate what is the cause of the failure or non-payment of the debt to the cooperative. Then the cooperative will provide several alternatives, such as increasing the grace period for payment or reducing the amount paid until the SPH on the debts and receivables that have been created can be implemented and run smoothly. The way to resolve this is by resolving the dispute through non-litigation, namely a settlement outside of court. Usually called Alternatif Penyelesaian Sengketa (APS). The APS system is implemented through negotiations. The cooperative always applies the principle of kinship in every problem. Based on the research results that researchers obtained, if members do not meet their achievements, the cooperative does not terminate the agreement, does not transfer risks and does not take this matter to a judge.

Title Search

Found 152 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 152 Documents
Search