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Zaaken: Journal of Civil and Business Law
Published by Universitas Jambi
ISSN : 27218759     EISSN : 27215318     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
aaken: Journal of Civil and Business Law merupakan media jurnal elektronik sebagai wadah untuk publikasi hasil penelitian dari skripsi/tugas akhir dan atau sebagian dari skripsi/tugas akhir mahasiswa strata satu (S1) Fakultas Hukum Universitas Jambi yang merupakan kewajiban setiap mahasiswa untuk mengunggah karya ilmiah sebagai salah satu syarat untuk wisuda sarjana. Artikel ditulis bersama dosen pembimbingnya serta diterbitkan secara online. Zaaken: Journal of Civil and Business Law merupakan jurnal berkala ilmiah di bidang Hukum Perdata dan Hukum Bisnis, yang diterbitkan oleh Fakultas Hukum Universitas Jambi, dengan kuantitas 3 (tiga) kali terbit dalam setahun, pada Bulan Februari, Juni, dan Oktober.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 168 Documents
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Pembaharuan Hukum Keluarga Islam: Studi Perbandingan Hukum Keluarga di Brunei Darussalam dan Malaysia Nur Amalia Firdaus, Seilla; Khosyiah, Siah; Rossyani, Murni
Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i2.35264

Abstract

The introduction of "Muhammadan's Law Eactment" No. 1 around 1911 AD was the first step towards family law reform in Brunei Darussalam. While in Southeast Asia, the country that first made efforts to reform family law was Malaysia, with the creation of the Mohammaden Marriage Ordinance, No. V Year 1880 in the Straits countries. So that this research will further discuss the enactment and development of Islamic family law in these two countries. This research is a type of normative research or document study with a comparative approach. Primary data sources are taken from the family law laws of Brunei Darussalam and Malaysia. Secondary data sources come from books, journals, websites, and other sources. Data collection techniques using literature study and data analysis with descriptive analysis method. The results show that Brunei and Britain were once under British rule so that the application of family law was limited. However, the development of family law continues to grow to be more comprehensive. One of them, Brunei and Malaysia both apply fines and prison sanctions to people who have violated family law.
Penyelesaian Sengketa Harta Bersama: Analisis Perkara Nomor: 283/Pdt.G/2017/PA.Mtr dan Nomor: 59/Pdt.G/2023/PTA.Mtr Wati, Salma; Zulfan, Zulfan; Elfia, Elfia
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.35307

Abstract

One of the factors that husband and wife often dispute is regarding propertya especially joint property. Generally, disputes regarding joint property arise after a couple decides to divorce. In this situation, each party will try to get what they consider to be their right. The judiciary plays an important role in resolving these disputes. The judiciary functions as a medium for disputing husband and wife to convey their arguments, especially in efforts to control joint property. In this research the author used a normative approach method, known as the literature study method. In this research, the primary data comes from case decisions number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr. then secondary data was obtained from various books, journals and articles related to the research subject. This research describes how judges consider when deciding joint property cases in cases number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr. The results of this research, the author found that dispute resolution carried out by judges is not only focused on the law, but must also consider a sense of justice. So that judges do not have to divide joint assets equally but rather adhere to the principles of balance, equality, non-discrimination and granting rights to parties that are considered fair, accompanied by considerations that are considered fair. This is reflected in the decision in case number: 283/Pdt.G/2017/PA.Mtr and number: 59/Pdt.G/2023/PTA.Mtr
Kerugian Terhadap Pemilik Sertifikat Akibat Pencatatan Blokir Sertifikat Hak Atas Tanah oleh Badan Pertanahan Nasional Tanjung Jabung Barat Arsyani Hartawan, Frisca; Idris, Isran; Manik, Herlina
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.35554

Abstract

This research aims to identify and analyze the factors causing the blocking of land title certificates and the legal status of the holders of blocked land certificates. The research questions are as follows: 1) What are the factors causing the blocking of land title certificates?; and 2) What is the legal position of holders of blocked land certificates?. The research method used is an empirical juridical approach. Based on the research conducted, it was found that there are several main factors that can cause the improper blocking of land title certificates by the National Land Agency (BPN). These factors include a lack of understanding and awareness among BPN officials regarding rules and procedures, weak internal supervision within the BPN environment, insufficient socialization and training for BPN officials, unresolved land conflicts or disputes, pressures or interventions from certain parties, lack of transparency and accountability in the blocking recording process, errors in the application of rules and procedures, negligence or lack of thoroughness in land ownership data checks, and insufficient coordination and communication between BPN and other related institutions or agencies. The legal position of holders of improperly blocked land title certificates should be protected in accordance with applicable regulations. Holders of certificates acting in good faith have the right to control and utilize their land according to their rights. To ensure the legal position of certificate holders, the government needs to strengthen supervision of BPN actions, impose strict sanctions for violations, enhance legal protection through regulation revisions, improve transparency and accountability, and ensure effective and proportionate compensation mechanisms for affected certificate owners. The role of the judiciary, community participation, and commitment from all stakeholders are also crucial in safeguarding the legal position of holders of improperly blocked land title certificates.
Perlindungan Hukum terhadap Pemilik Tanah Atas Pemasangan Jaringan Listrik oleh PT.PLN (Persero) Khoiruni Azzahra, Kamila; Suhermi, Suhermi; Windarto, Windarto
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.36697

Abstract

This study aims to determine and analyze the form of legal protection of landowners for the installation of electricity network facilities and to find out the settlement efforts against owners whose rights are not protected due to the installation of electricity networks by PT PLN (Persero. The formulation of the problem in this study is how the legal protection of landowners for the installation of electricity networks by PT PLN (Persero) and how the settlement efforts against landowners whose rights are not protected due to the installation of electricity networks by PT PLN (Persero). The research method used is the juridical-empirical method, namely making observations of legal facts that apply. The result of this study is that landowners have not received legal protection for the installation of electricity networks by PT. PLN (Persero). For this reason, the effort made by the landowner is to submit the removal of the pole to PT. PLN (Persero) is charged.
Pengalihan Hak Asuh Anak Di Bawah Umur Kepada Ayah Biologis (Studi Putusan Nomor: 366/Pdt.G/2022/PA.Batg) Retno Wulandari, Shelomita; Rosmidah, Rosmidah; Pahlefi, Pahlefi
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.37220

Abstract

The purpose of this study is to find out and analyze the transfer of child custody to the biological father after divorce based on the Compilation of Islamic Law and to find out and analyze the basis for the judge's consideration in granting a decision on custody of the minor to the biological father in decision number 366/Pdt.G/2022/PA.Batg. The problem in this thesis is how to transfer child custody to the father after divorce based on the Compilation of Islamic Law, and what is the basis for the judge's consideration in granting a decision on custody of a minor to the biological father in decision number 366/Pdt.G/2022/PA.Batg. The research method used is normative juridical research while the legal materials consist of primary, secondary and tertiary legal materials. The analysis of the collected legal materials is carried out by inventorying, and systematizing. The results of this thesis research contain the Bantaeng Religious Court deciding in case Number 366/Pdt.G/2022/PA.Batg to grant custody of the child to the applicant. Article 156 of the Compilation of Islamic Law stipulates that if the mother has passed away, the role of the mother can be replaced by women who have a direct kinship relationship from the mother's side. If it is found that there is negligence or instability of the person who has the right to have the hadhanah in taking care of his child, then the custody of the child can be transferred to his father. Meanwhile, adult children are given the freedom to choose between their father or mother as the holder of custody rights. However, the court considered that the decision had taken into account the interests of the child, so it handed over custody of the child to the father with proper legal considerations. In his consideration, the judge must make several considerations before giving a decision, the father has the opportunity to get custody of the minor if he meets several considerations from the judge by referring to the provisions in the Compilation of Islamic Law.
Penyelesaian Kredit Bermasalah Dengan Jaminan Fidusia Antara Nasabah Dengan Perusahaan Pembiayaan Alethea Suryana, Salsabila
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.37323

Abstract

The purpose of the research is to determine the occurrence of problem loans between customers and companies and to determine the role of the parties in resolving problem loans with guaranteed fiduciary rights between customers and the financing company PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch. The research method used is empirical juridical. Based on the research results, it was found that the cause of credit problems between customers and the financing company PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch, namely the inability of customers to continue credit payments, the death of creditors, a decline in creditors' economic conditions, creditors suddenly losing their source of livelihood, and problems with credit assessment by debtors. The role of PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch in resolving problem loans with fiduciary guarantees with customers is by carrying out credit collection based on the terms of the agreement and applicable law. The initial steps taken are to communicate and remind customers by telephone 3 (three) days before the due date, provide 1 (one) warning letter (SP) to 3 (three) warning letters (SP), and negotiate by offering restructuring credit. If all these efforts are not heeded and the customer is not cooperative, then fiduciary guarantees will be executed involving third parties in the form of external collector services and the police. If the customer shows significant resistance and uncooperative behavior, then PT. Saic General Motors Wuling Multifinance Indonesia Jambi Branch will take legal action.
Implikasi Hukum Klausula Baku Dalam Terms Of Service Tiktok Terhadap Upaya Perlindungan Hak Cipta Silubun, Yosman Leonard; Sinaga, Jaya Setiawan
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.37425

Abstract

The presence of Tiktok leads to the growth of a new Content Creator that tries to create on the platform. To use the platform, a novice user is required to approve the Term of Service from the Tiktoks service provider. The term of service is a form of standard agreement that often contains standard clauses commonly used by application providers in the digital world. The purpose of this study is to find out the legal impact on the standard term of service clause of Tiktok on copyright protection efforts. The method used in this investigation is the method of normative law research. In principle, the use of standard clauses in terms of service is not prohibited by applicable laws in Indonesia. In Indonesian positive law, the use of a raw clause in a contract must meet the four valid conditions of the agreement under article 1320 BW and the default clause must not include an exemption from the liability of the entrepreneur as contained in article 18, paragraph 1 UUPK. The attempt to protect the copyright law is based on the fulfilment of the creator's exclusive right to the creation owned. The default term of service clause of Tiktok which lists the acquisition of copyrights without royalties, without exclusive rights, has been contrary to the prohibition of Article 82 Paragraph 2 UUHC. As a result of the law, the default Term of service Clause of the Tiktoke causes the agreement that has been agreed by the user of Tktok with the service provider to be annulled and cancelled by law because one of the clauses is contrary.
Permasalahan Kriteria Dan Waktu Kerja Pemagangan Berstatus Pelajar (Internship) Dalam Regulasi Ketenagakerjaan Di Indonesia Sahrul
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.37516

Abstract

Problems regarding the exploitation of apprentices with student status in Indonesia still occur frequently, especially in the relationship between employers and apprentices with student status. The purpose of this study is to examine the legal criteria and working hours of Student Apprenticeship (Intership) in Indonesian Labor Regulations. The research uses normative legal research. The results of this study are as follows: First, there is a legal vacuum regarding the criteria for an apprenticeship with Student status (Intership). The criteria for apprenticeship programs regulated in the Labor Law are specifically intended for job training and increased work competency for job seekers who have completed formal studies but are not to reach apprentices who are still students or students. related employment, it does not specifically state how long the working hours are for apprentices but only mentions the duration of the apprenticeship. This means that the determination of working hours is left to each company. The government, with the ministries of manpower and the ministries of education, should coordinate and review regulations related to the implementation of student apprenticeships (Intership) so that they are more effective and provide legal protection for student apprentices. Kata Kunci : kriteria;waktu kerja;Internship;Ketenagakerjaan.
Model Tradisi Adat “Tepung Tawar” Dalam Penyelesaian Konflik Pengelolaan Sumber Daya Alam Junaidi, Junaidi
Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i2.37586

Abstract

The numerous disputes over the exploitation of natural resources mark this condition. Conflict resolution without going through the judicial route by utilizing the customary system has been passed down through generations in the life of customary law communities in Indonesia. The way to resolve conflicts based on Indonesian customary traditions aligns with values of justice that are prioritized over legal certainty. Conflict resolution through a familial approach is called "tepung tawar" and is one type of local wisdom practiced by the community in South Sumatra. The research discusses how the "tepung tawar" model is used in resolving natural resource conflicts and the strengthening of "tepung tawar" in customary institutions as legislation. This research method uses normative legal research. Tepung tawar is a method of non-litigious conflict resolution through deliberation, where by discussing, both parties can reach an agreement that is mutually beneficial in a peaceful manner. Tepung tawar in customary law can serve as a foundation for resolving conflicts related to natural resource management. Serious efforts are needed to empower customary law by the government through its regulation in legislation.
Implementasi Penyaluran Zakat Oleh Badan Amil Zakat Nasional Kota Jambi Kepada Korban Pinjaman Online Syelvita, Rema; Amin Qodri, Muhammad; Alissa, Evalina
Zaaken: Journal of Civil and Business Law Vol. 5 No. 3 (2024): Oktober 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i3.38124

Abstract

This study aims to explore the role of the National Amil Zakat Agency (BAZNAS) of Jambi City in assisting individuals burdened with debt, including those who have fallen victim to online loans. Although the phenomenon of online loans has caused many people to face financial difficulties due to high interest rates and inhumane collection practices, the findings of this study show that, to date, no one has directly sought assistance from BAZNAS Jambi City as a result of being a victim of online loans. Generally, those seeking assistance from BAZNAS are individuals in debt to meet basic needs or cover medical expenses, with between one and five people receiving help each year. First, BAZNAS performs an identification step to make sure that the debt was used for legitimate purposes. Priority is given to impoverished individuals who are in genuine need. Through a descriptive qualitative approach and case studies in Jambi City, this research examines the effectiveness of zakat distribution by BAZNAS in assisting indebted individuals. The findings indicate that while zakat can alleviate financial burdens, its effectiveness needs to be enhanced through broader public education and more accurate identification mechanisms to reach more victims of online loans and others in financial distress.

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