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Private Law

privatelaw
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Published by Universitas Mataram

ISSN : - EISSN : 16159857 DOI : https://doi.org/10.29303/prlw.v2i2

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal Private Law merupakan Jurnal Fakultas Hukum Universitas Mataram yang pertama kali terbit di tahun 2021. Private Law menerbitkan artikel dari jurnal Mahasiswa S1 khususnya bidang Hukum Perdata. diharapkan kedepannya private law dapat ikut meningkatkan kualitas jurnal ke arah nasional maupun internasional dengan menerima tulisan dari penulis luar lainnya.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 520 Documents

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Tinjauan Yuridis Praktek Pengalihan Piutang (Cessie) Di Bank Bukopin Cabang Mataram Maharani Alika Novita Sari; Aris Munandar
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research has the purpose to find out the cessie implementation at Bukopin Bank Mataram Branch, the legal consequences and find out wether the cessie implementation at Bukopin Bank Mataram branch is according with Article 613 Indonesia Civil Code. This research uses normative-empirical legal research method namely the research method combined the normative elements ( legislation or juridical) and adding with fiel data or empirical elements. Cessie is a transferring accounts receivable and another intangible thing by an authentic deed or non-authentic deed. This is make the transfered of property right occurred to other legal subject. In this research, the cessie implementation is according with Article 613 Indonesia Civil Code, because with authentic deed and the mortgage have been registered. The legal consequence for the cange of creditor position is the mortgage and the other billing rights moving also to the new creditor.

Perlindungan Hukum Terhadap Tenaga Kerja Wanita Harian Lepas: Studi Kasus PT. Rinjani Tirta Abadi Di Desa Aik Berik Renda Hizanatul Ulumi; Any Suryani Hamzah
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This study aims to determine the legal protection of daily female laborers at PT. Rinjani Tirta Abadi in Aik Berik Village in terms of Law Number 13 of 2003 concerning Manpower. A female worker is a woman who works for wages or other forms of remuneration. Daily laborers are workers or laborers who work for entrepreneurs to carry out certain jobs that can vary in terms of time and volume of work by receiving wages based on the daily attendance of workers. The type of research used in this study is empirical legal research with a sociological juridical approach and uses primary legal sources obtained from field data and interviews. Law Number 13 of 2003 concerning Manpower has provided regulations regarding the rights of women workers. Based on the formulation of the problem and the purpose of this study, namely, to analyze further how the legal protection arrangements for daily workers at PT. Rinjani Tirta Abadi, and to find out the implementation of protection for daily female workers based on Law No. 13 of 2003 concerning Manpower.

Perlindungan Hukum Dan Jaminan Sosial Bagi Pekerja Migran Di Indonesia Menurut Hukum Positif Indonesia Bayu Prawira Putra Haryawan; Any Suryani Hamzah
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This study aims to determine the legal protection and social security for migrant worker in Indonesia under Indonesia positive law and to determine the protections for migrant worker in their occupancy period. This study using normative method, and using qualitative analyze method. Result of this study showed that one of the efforts of Indonesia government to protect migrant worker is giving social security for migrant worker pursuant to Indonesian law. This social security given to the migrant worker in their occupancy period.

Perlindungan Pekerja Migran Pada Masa Pra Penempatan Berdasarkan Peraturan Pemerintah Indonesia Nomor 59 Tahun 2021 Tentang Pelaksanaan Perlindungan Pekerja Migran Indonesia Aryawan Arham; Rahmawati Kusuma
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research aims are to know how is the form of legal protection for Indonesian migrant workers in the pre-placement time according to the government regulation Number 59 of 2021, and also to know tasks and responsibilities of central and local government in the protection Indonesian migrant worker. This work was normative legal research in which the data were analyzed qualitatively. Result of this study shows that Indonesian government has been conducting all efforts to protect the migrant worker, one of them are protecting them in the pre-placement time, also it is tasks and duties of central and local government.

Tinjauan Yuridis Terhadap Perjanjian Pinjam Meminjam Pada Shopee Paylater Menurut Hukum Kontrak Restu Septiana Berlian; Aris Munandar
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research aims are to know and to analyze implementation of loan agreement in the shopeepaylater according to Indonesian contract law and also to know forms of legal protection for both parties in such agreement. Applied method in this work was normative legal research. According to research’s result it can be known that in the shopeepaylater the borne agreement according to acceptance principle which debtor finish read standard clauses and accept it by filling the form and send it to the creditor. Agreement in the shopeepaylater will ended after the debtor finish their obligation is pay all the agreed instalment. Preventive legal protection is a legal protection which aims to prevent the dispute. Represive legal protection is legal protection which aims to resolve the occurred dispute.

Tinjauan Yuridis Pengakuan Terhadap Anak Diluar Kawin : Studi Atas Penetapan Nomor : 89/Pdt.P/ 2015/Pn.Klaten Ratu Agung Ayu Sasmita Dewi; Daingsa Wagian
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research aims are to know judge’s legal consideration and its legal consequences on the recognition of out of marriage children according to the decree number 89/Pdt.P/2015/PN.Klaten. This research was conducted in normative legal research which applied statute and conceptual approaches. according to research’s result, it is found several things as follow, first of all, judge’s legal consideration in the form of written evidences national identification, marriage deed, birth deed and family card (2). witnesses are consist of two people, and (3). Article 49 paragraph (1) Law Number 23 of 2006 on Citizens Administration. Secondly, legal consequences of parent recognition creates rights and duties between child and parents, thus out of marriage children has civil relations with their parents.

Pengelolaan Tanah Pecatu Desa Dengan Sistem Perjanjian Bagi Hasil Di Kecamatan Masbagik Kabupaten Lombok Timur: Studi Di Desa Danger Lombok Timur Rialdi Isna Falah; Arief Rahman
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research has the purpose to find out the mechanism of The Pecatu village land management with a profit-sharing agreement system in Masbagik sub-district, and find out their rights and duties to all parties in the Pecatu village land in Danger Village, Mas Bagik Sub-district have been failed. This research is an empirical legal research method and uses the statutory, sociologica, and conceptual, approach. From this research, the result of this study showed (1) The Pecatu village land management with a profit-sharing agreement system at Masbagik followed the norms in Act Number 2 of 1960 concerning the profit-sharing agreement and not again followed adat law. (2) if in the Pecatu village land has failed in the harvest, the parties are still doing whatever their rights and their duties based on the written agreement they are made, and all their loss in this agreement is a risk for the village government.

Pemutusan Hubungan Kerja Disebabkan Karena Adanya Program Rekonstruksi Tenaga Kerja (RTK) Pada Perusahaan PT. Amman Mineral Nusa Tenggara : Studi Putusan Nomor: 15/Pdt.Sus-PHI/2018/PN.Mtr Opi Susanti; H. Zaeni Asyhadie
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

The purpose of this study is to find out the judge’s legal consideration when deciding on the termination of work agreement based on positive law in Indonesia and to find out the right of workers after the termination of work contract with the company. The research method in this research uses the juridical-normative research method. The result of this study showed that the judges in the court had decided on the termination of the work contract between PT. Amman Mineral Nusa Tenggara (PT. AMNT with their six workers based on Article 1 paragraph 15 and Article 164 paragraph 3 Act Number 13 of 2003 concerning Manpower. The implementation of Article 1 Number 15, in this case, is correct, whereas the implementation of Article 164 paragraph 4 is rather not correct, because the Indonesia Constitution Court had decided this article contrary to Indonesia National Constitution in the Case Number: 19/PUU-IX/2011 20 June 2012. The workers’ rights that they have after the termination of the work contract are in the form of severance pay, service pay, and compensation for workers’ rights based on Industrial Work relation Court in Mataram National Court Number 15/Pdt.Sus-PHI/2018/PN.Mtr. This court decision is according to Article 156 Act Number 13 of 2003 concerning Manpower.

Perlindungan Hukum Bagi Kreditur Dalam Hal Debitur Meminjamkan Objek Jaminan Fidusia Kepada Pihak Ketiga : Studi Putusan Nomor 05/Pdt.G/2013/PN Kis. Denny Imaduddin Akbar; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Fiduciary is one of the material guarantees known in Indonesian law. In the fiduciary agreement, goods used as objects of fiduciary security are still under control of the debtor and it cannot be controlled by creditor, so in this case, transfer of ownership without physically. Debtor must have good faith in maintaining the object carefully. The method of this research is normative legal research. The result of this research shows that legal protection for creditor consists of two ways namely preventive legal protection and repressive legal protection. Preventive legal protection is inclusion of prohibition clause for debtors to lend of the object of fiduciary to third party without the approval of creditor. Repressive legal protection where creditor can file a lawsuit to the court according to domicile. In Article 23 of Law No. 42 of 1999 concerning Fiduciary stated that debtor is prohibited from transferring, mortgaging, or leasing to other parties of the object of fiduciary which are not inventory items, except prior written approval from creditor.

Akibat Hukum Perceraian Pernikahan Yang Diisbatkan Terhadap Hak Asuh Anak Menurut Hukum Islam (KHI) Dan Undang-Undang Perkawinan Muhammad Yusril Alawi; Wiwiek Wahyuningsih
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

This research aims to find out legal consequences of divorce in isbat marriage according to Islamic law compilation and Marriage Law and to know the custody after divorce in isbat marriage. The method of this research is normative legal research. Data analytical technique that has been used in this research is qualitative. The result of this research shows that legal consequences of divorce in isbat marriage are former husband or wife that must look after and educate their children, having right to share the property and inheritance. On the other hand, the custodian to the children before adult (mumayyiz) is in their mother and after adult the children have right to choose their custodian.

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Baiq Nurul Aini

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+6287765101177

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Editorial Address
Jl. Majapahit No. 62 Mataram

Location
Kota mataram,

Nusa tenggara barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Baiq Nurul Aini

Contact Email baiqaini@unram.ac.id

Phone +6287765101177

Journal Mail Official privatelaw@unram.ac.id

Editorial Address Jl. Majapahit No. 62 Mataram

Location Kota mataram, Nusa tenggara barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Baiq Nurul Aini

Contact Email
baiqaini@unram.ac.id

Phone
+6287765101177

Journal Mail Official
privatelaw@unram.ac.id

Editorial Address
Jl. Majapahit No. 62 Mataram

Location
Kota mataram,

Nusa tenggara barat

INDONESIA