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All Journal WAJAH HUKUM Jurnal Pengabdian kepada Masyarakat Dewantara Normative: Jurnal Ilmiah Hukum
Mardius, Mardius
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Eksekusi Atas Jaminan Fidusia Kendaraan Bermotor pada PT. Bank Nagari Cabang Utama Sumatera Barat Mardius, Mardius; Hidayatullah, Hidayatullah; Supeno, Supeno
Wajah Hukum Vol 9, No 1 (2025): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i1.1837

Abstract

The Fiduciary Guarantee Law has the main objective to provide legal certainty for the execution of the guarantee, so that the execution can be carried out properly. Based on these reasons, the problems that will be studied in this study are about the practice of executing motor vehicle fiduciary guarantees and the obstacles in implementing the execution of motor vehicle fiduciary guarantees. The approach method used is the sociological legal approach and the specifications used in this study are descriptive research. Based on the results of the study, it can be concluded that the execution of the object of motor vehicle fiduciary guarantees carried out through underhand sales with the agreement of the creditor and debtor, the debtor himself sells his guarantee if there is a default by the debtor. The execution of motor vehicle fiduciary guarantees is carried out against defaulting debtors. The execution in this case ended with an execution application made by the creditor (Bank Nagari) to the district court, because here the creditor did not complete according to the agreement with the underhand sale that had been previously agreed with the creditor was not achieved. So the last resort taken by the creditor (Bank Nagari) was once again to submit an execution application to the court which ended with an auction at the auction body for the object of the motor vehicle fiduciary guarantee. Before execution, there are many obstacles faced by creditors, one of which is that the debtor (Rajal) does not want to cooperate in the execution process because he does not want to sign and hand over the fiduciary guarantee object which has been in default/or breach of promise.
Analisis Yuridis Putusan No.87/Pdt.G/2020 PN.Bdg Tentang Perceraian yang disebabkan Salah Satu Pihak Pindah Agama di Pengadilan Negeri Bandung Mardius, Mardius; Putra, Wiwin; Supeno, Supeno
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1481

Abstract

Marriage cannot be separated from the religious aspect, especially when Law No.1 of 1974 concerning Marriage emphasizes the importance of the religious aspect in the conditions for the validity of a marriage as regulated in Article 2 paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and his beliefs", confirmed by MUI fatwa Number 4/MUNAS/VII/- MUI/8/2005 that Muslim women are prohibited from marrying non-Muslim men or Muslim men are prohibited from marrying women from people of the Book, in the Bandung District Court Decision. Number: 87/Pdt.G/2020/PN.Bdg, there was a divorce case that was caused by one of the parties changing religion. The formulation of the problem discussed in this thesis is: 1. Judge's Considerations in Deciding Divorce Case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court and the legal consequences of divorce caused by one of the spouses Changing Religion in Bandung District Court. The research method used is a normative juridical method, namely research based on the study of documents which can be in the form of books or other literature, especially in this research, namely the Bandung District Court Decision Number: 87/Pdt.G/2020/PN.Bdg. From the results of the research, the judge's considerations regarding divorce in case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court, is in the case where the plaintiff has converted to Islam and insists on filing for divorce on the grounds of his new religion. not allowed. In accordance with the Fatwa of the Indonesian Ulema Council Number 4/MUNAS VII/MUI/8/2005 concerning interfaith marriages, it is stipulated that interfaith marriages are haram and invalid. In addition, disputes, quarrels and quarrels often occur continuously due to differences of opinion and belief, which result in the division of joint assets, maintenance and maintenance for the survival of their children, regarding child custody (hadhanah) and the settlement of marital assets. resolved separately from the divorce suit he filed.
Co-Authors Dwikornida, Dwikornida Febrianto, Hary Fridarti, Fridarti Hidayatullah Hidayatullah Islami, Syaifuddin Mailiza, Sustri Milda Ernita Putra, Wiwin Rafindo, Hadi Suci, Messi Veryani Supeno Wulanda, Fanny yenti, Nurlinda