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Diponegoro Private Law Review
Published by Universitas Diponegoro
ISSN : 25982354     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ilmiah berkala dari Bagian Hukum Keperdatan Fakultas Hukum Universitas Diponegoro. Jurnal ilmiah ini akan berisi tulisan dari akademisi yang mendalami hukum perdata (perdata barat, perdata agraria, perdata islam, perdata dagang, perdata adat, dan lain-lain).
Arjuna Subject : -
Articles 11 Documents
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Search results for , issue "Vol 2, No 1 (2018): DPLR" : 11 Documents clear
AKIBAT HUKUM PERKAWINAN CAMPURAN TERHADAP HARTA PERKAWINAN (PENETAPAN PENGADILAN NEGERI DENPASAR No: 536/Pdt.P/2015/PN.Dps.) Widanarti, Herni
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

In addition to the Marriage Act loaded matters relating to marriage, also regulates marital property. This field is one of the legal field of civil law which has a sensitive nature and potential conflict, therefore setting the field is not as easy as setting the areas of law that are neutral. The complexity of the issues in the field of wealth as a result of a mixed marriage other than by the Marriage Act 1 of 1974 is also dealing with the principles of International Law. The research objective to be achieved is: To know and understand the legal consequences of intermarriage to assets marriages under the Marriage Act 1 of 1974 and to determine the legal consequences of intermarriage against marital property according to the Principles of International Law. The method used in this research is normative juridical approach. The results of the study, due to mixed marriages to property law marriages under the Marriage Act 1 of 1974 concerning marriage, if the parties have not entered into a marriage mate then the property becomes joint property. In its development, the practice of mating agreement can be made after the marriage takes place by submitting an application to the court and has received the court ruling which has binding legal force. With the Denpasar District Court Decision No. 563 / Pdt.P / 2015 / PN.Dps.  Keywords: Marriage, Mixed Marriage, Marriage Treasure
KEDUDUKAN LESSOR DALAM PERJANJIAN OPERASIONAL LEASING TERHADAP KEPAILITAN LESSEE DI INDONESIA Mahmudah, Siti
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Operational leasing is one of the financing sources that can be used by entrepreneurs to meet the need for capital goods. The parties are Lessors and lessees. Debt settlement of the lessee as a debtor may be settled through a bankruptcy institution resulting in a general seizure of the debtor's property. This study aims to determine the position of Lessor for leased capital goods, and unpaid rent in the insolvency of the lessee with the normative juridical approach method which is based on the secondary data analyzed qualitatively. Baramg capital in bankruptcy lesse not boedel bankrupt, lessor is its owner and domiciled as creditor holder of privilege of unpaid rent as regulated in Article 1139 Civil Code. Keywords : Lessor, Lesse, Bankruptcy
ANALISIS PENDAPAT BUSTANUL ARIFIN DALAM PEMBAHARUAN HUKUM ISLAM DI INDONESIA Hendrawati, Islamiyati Dewi
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Islamic law in Indonesia is often not presented as objective, rational and scientific law, because it is based on the truth of the belief, and is not lawful. This paper analyzes Bustanul Arifin's thoughts on the basic idea of Islamic legal institutionalization. Urgency writing can explain the role of Islamic law and its development in the realm of the national legal system in Indonesia. According to Bustanul Arifin Islamic law needs to be institutionalized through the Religious Courts to solve the case of Muslims through legal channels. KHI President Instruction No. 1/1991 is the state school of thought to serve as the legal basis for judges in establishing cases. This idea inspired the state to establish legislation as problem solving in solving the problem of Islamic law. Key Word: Bustanul Arifin, Renewal, Islamic Law.
REORIENTASI PERTANGGUNGJAWABAN KLIEN DALAM PERJANJIAN FACTORING BAGI INDUSTRI KECIL Malikhatun, Siti
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Business development by business actors is using factoring financing. The factoring agreement raises the accountability of the parties, one of whom is the client. This study aims to reveal the client's accountability in the factoring agreement and how it should be in the future in order to realize justice for the parties. The research method used is mixed methode, with legal pluralism approach. It is known that the accountability of the client that is visible from his rights and obligations is inconsistent with the principles of factoring. Keywords: Factoring, agreements, clients
DAMPAK NIKAH SIRRI TERHADAP HAK WARIS ANAK DALAM PERSPEKTIF FIQIH DAN HUKUM POSITIF Mas'ut, Mas'ut
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Marriage is an institution that unites between a man with a woman to be husband and wife in fostering and forming a family sakinah mawaddah and rahmah There are still many people who make marriages that are not in accordance with the pillars and conditions of marriage in accordance with religious teachings. And so there is a marriage that is in accordance with the pillars and religious requirements, but not registered in the Officer of Marriage Certificate in the Office of Religious Affairs. Such marriages are commonly called marriage sirri or marriage under the hands. The marriage of sirah will result in the law of the born child, which is not subject to legal protection of the rights of the child, including the right to obtain inheritance from his real father. However, if viewed with the glass eyes jurisprudence children born are considered to still get his rights from his father, including can inherit his father's property. Keyword : The Marriage of Sirri,Inheritance Rights
PENGANGKATAN ANAK INTERNASIONAL DI INDONESIA Aminah, Aminah
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Nowadays, the number of international adoption child has been increased and many people do not know about the regulation. This article wants to know the regulation, implementation and legal consequences of the international adoption child. Based on normative yuridical approach with analytical descriptive specification show that there are regulation concerning international adoption child which focuses on welfare and child protection aspects, while the implementation process can be done through 10 stages, and the legal effect of the international adoption is two namely the adoption  through a state court causing legal consequences of unlinking the relationship of adopted child with their biological parents, but adopted child also inherited from their adoptive parents, the emergence of custody rights and rights of alimentation. for the  adoption through the Religious court does not result in a new legal effect between an adopted child and an adoptive parent but only raises the rights of safeguarding and education for the adopted child and the will of the will for both. Keywords: adoption of child, International, Indonesia
REVITALISASI DAN AKTUALISASI HUKUM ADAT SEBAGAI SUMBER HUKUM PIDANA POSITIF Sukirno, Sukirno
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Article 2 of the Draft of the Criminal Code Law of 2015 provides a living law opportunity (adat law) in the community as the basis of criminal imposition or is also called the principle of material legality. However, the enactment of living law must be in accordance with the values of Pancasila, human rights and the principles of common law. In relation with the matter, there are three questions that need to be answered, i.e.: the legal expert's response to the addition of the living law in the Draft of the Criminal Code Law, living law requirements, preparation of regional  governments to welcome the application of the principle of material legality. Living law is needed to overcome the gap between the acts derived from the living laws conceived by the community rather than the criminal. However, in the Criminal Code, it is conceived as a crime. Living law should be in accordance with Pancasila, human rights and the principles of common law. For this reason, adat law community needs to revitalize the laws, and, the regional governments should actualize the living laws with their regional regulations afterwards. Keywords: living law, the principle of material legality, revitalization, actualization
PENGARUH KESETARAAN GENDER DI ERA GLOBALISASI TERHADAP KONSEP HARTA BERSAMA DALAM SISTEM KEWARISAN ISLAM Muhyidin, Muhyidin
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Fiqh as part of Islamic law is not impermeable to social change, even the development of fiqh in Islam shows the answers of the fuqaha to the circumstances and conditions of his time. Likewise, in the era of globalization that shows a broad change in the level of human life, the changes which will actually give impact to the thought of fiqh which has been held and used as a guide. This paper will try to see to what extent the concept of gender equality as one of the products of globalization will affect the system of common property in the system of Islamic inheritance. The author sees the change in the concept of gender should affect the concept of common property that has been constructed in legislation. Keywords: Gender Equality, Globalization and Joint Treasure
PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN KEMITRAAN PETERNAKAN Priyono, Ery Agus
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

This study aims to determine the model of legal protection for parties in the livestock business against the contract clause in the form of partnership cooperation between nucleus and plasma. Legal protection for both employers and workers engaged in livestock business. The research method is normative law research using comparative approach, statutory approach, conceptual approach, and historical approach. The results of research indicate that in the legal protection for the parties can be done by means of the plasma, forming an association in order to be together as one of the parties who will make agreements with the core parties in case of partnership cooperation. This is done so that there is a balance in terms of negotiations in the preparation of contract clauses. So as to achieve a sense of justice, balance and protection of the basic rights of the parties who do the partnership. Keywords: Legal Protection, Livestock Industry, Contracts, Partnership
PEMBERANTASAN KORUPSI DENGAN PENDEKATAN HUKUM ISLAM Sarono, Agus
Diponegoro Private Law Review Vol 2, No 1 (2018): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The rules and laws that will be upheld by the Indonesian nation is a law based on divinity. Corruption is a more appropriate form of khiyānah crime because it has an identical character that is betrayal belief associated with state finance. Khiyānah belongs to the category of non-definitive crime (ghair maħdudah) so it falls into the ta'zīr category. It is necessary to continuously reform the national laws of Indonesian character and personality, namely the corruption eradication law which has a pancasila spirit and spirit of divinity. Keywords: corruption, khiyānah, ta'zīr, legal renewal

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