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Baiq Nurul Aini
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Private Law
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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Implementasi Pencegahan Pernikahan Dini Menurut Peraturan Daerah NTB Nomor 5 Tahun 2021 Di Kabupaten Bima Junaidin Junaidin; Lalu Hadi Adha; Allan Mustafa Umami
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2604

Abstract

The purpose of the research is to find out the NTB Regional Regulation Number 5 of 2011 implementation in society, especially regarding minor marriage in the Bima Regency. This study uses the empirical legal research method. The approach method uses the statute approach, the conceptual approach, and the sociological approach. However, the factors that affected minor marriage consist of: parents, promiscuity, customs, education, and economy. The result of this study showed the implementation of NTB Regional Regulation Number 5 of 2021 in the prevention of minor marriage in Bima Regency and the factor that affected minor marriage prevention in Bima Regency. The local government and KUA work together with the district government and village government, they socialized the negative effect of minor marriage.
Ahli Waris Pengganti Di Tinjau Dari Kuhperdata Dan Kompilasi Hukum Islam Sekar Dita Utari; Diangsa Wagian; Fatria Hikmatiar Al Qindy
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2605

Abstract

This study aims to examine the position and system of distribution of substitute heirs under the Civil Code and Islamic Law Compilation (KHI). This research adopts a normative research approach. The results of this study indicate that the position of substitute heirs under the Civil Code occurs when an heir predeceases the testator, resulting in the children of the deceased heir replacing their father's position to inherit the ancestral property and receive a share of the inheritance according to their degree of relationship and rightful portion. On the other hand, according to the KHI, the position of substitute heirs is applicable to grandchildren who are entitled to replace their predeceased parents. However, their share is not equal to that of their parents.
Tanggung Jawab PDAM Tirta Ardhia Rinjani Terhadap Konsumen Yang Dirugikan Dalam Suplai Air Bersih Di Kecamatan Batukliang Nisa Suriani; H. Djumardin Djumardin; Wahyuddin Wahyuddin
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2606

Abstract

This study aims to determine the form of PDAM Tirta Ardhia Rinjani's responsibility to consumers who are disadvantaged in the supply of clean water in Batukliang District, to find out what efforts are made by the customer when a default occurs by PDAM Tirta Ardhia Rinjani. The type of research used is empirical normative, which examines the application of laws and regulations based on legal concepts and theories to see firsthand the reality on the ground by conducting interviews to obtain field data. The research location is PDAM Tirta Ardhia Rinjani (Central Lombok). Based on the results of the study that: First, the form of PDAM Tirta Ardhia Rinjani's responsibility to consumers who are harmed by direct review of complaints experienced by customers but there is no further action to resolve these complaints and without providing information or explanations given to customers who suffer a loss. Second, the settlement of disputes carried out by the PDAM with customers by seeking and prioritizing the deliberation route or through non-litigation, even if the efforts made cannot be carried out, then proceed to court.
Implikasi Hukum Tentang Penambahan Dan Perubahan Nama Pada Passport : (Studi Penetapan Nomor : 13/Pdt.P/2022/PN Mtr) Rizqi Maulana Ibrata; Salim HS; Diangsa Wagian
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2607

Abstract

This study aims to determine the procedure for the name change mechanism based on the Court's decision Number: 13/Pdt.P/2022/PN Mtr and the legal implications of the name change in the decision Number: 13/Pdt.P/2022/PN Mtr. This type of research is normative law, with The approach method used is the statutory approach, the conceptual approach, and the analytical approach. The procedure for the name change mechanism is carried out based on the determination of the district court where the applicant is located. The legal implications of a name change are regulated in the provisions of Article 52 of Law Number 23 of 2006 concerning Population Administration which stipulates that a name change is carried out based on the determination of the district court where the applicant is located and Article 24 paragraph 2 of the Minister of Law and Human Rights Number 8 of 2014 concerning the procedure for changing normal passport data.
Tanggung Jawab Hukum Keimigrasian Dalampengawasan Tenaga Kerja Asing Menurut Hukum Positif Indonesia Fitria Wulandari; Lalu Husni; Rahmawati Kusuma
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2608

Abstract

This research aims are to analyse and to understand how is the arrangement of Immigration office supervisory on foreign manpower according to Indonesian positive laws. Applied method in this study was normative legal research which primarily conducted through library research and assessing related statutes. Result of this study shows that, regulations on the supervisory office conducted by the immigration office are based on the Law Number 11 of 2011 on Immigration and its implementing regulation, Presidential Regulation Number 34 of 2021 on the Employment of Foreign Manpower and completed with Law Number 13 of 2003 on Manpower. Immigration responsibility in conducting immigration actions is carried out by administrative and criminal actions. In order to guarantee legal certainty and justice for foreigners who are subject to immigration measures, the decision shall be stipulated in written form, which contains the identity of the person affected by the immigration action, the reasons for the action and the type of action, and may submit an objection to the said immigration action. The purpose of this immigration action is to carry out supervisory policies in the field of immigration and assist the implementation of law enforcement in the territory of the Republic of Indonesia, both preventive and repressive in nature.
Tanggung Jawab Notaris Akibat Adanya Pemalsuan Data Perjanjian Jual Beli Tanah Di Hadapan Notaris : (Studi Kasus Kantor Notaris Di Kota Mataram) Khusnul Khotimah; Arief Rahman; Shinta Andriyani
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2610

Abstract

The aims of this research are to know notary’s responsibility in data fraud in the making of land sale and purchase before notary by the parties, and also to know legal consequences of data fraud in notary office in Mataram City. Method of this work was empirical legal research which applied statute, conceptual and sociological approaches. The data was collected through library study and interview. Result of this work shows that notary does not responsible on the deed which made from fake data which brought to them by the parties. Legal consequences of the date which made based on fake data which brought by one party, it can be requested for revocation by the aggrieved party.
Pelaksanaan Perjanjian Peminjaman Uang Antara Bumdes Dengan Masyarakat Desa Pandan Indah : (Studi di Desa Pandan Indah, Kecamatan Praya Barat Daya, Kabupaten Lombok Tengah) Ahmad Jayadi; Shinta Andriyani; Mohammad Irfan
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2611

Abstract

This study's purpose is to determine the implementation of loan agreements between BUMDes and the community and to find out the causes of bad loans at BUMDes Pandan Indah, Praya Barat Daya District, Central Lombok Regency. This research is a normative-empirical legal research and uses the statute approach, the conceptual approach, and the sociological approach. The results of this study that the implementation of the loan agreement is divided into 2 stages, namely the first stage, submit an application by the customers and completing the requirements set by BUMDes Pandan Indah, and the second stage is the signing of the loan agreement which before the applicant or customer receives the money. The causes of bad loans at BUMDes Pandan Indah consist of internal causes and external causes.
Penerapan Peraturan Menteri Agraria/Kepala Badan Pertanahan Nomor 21 Tahun 2020 Dalam Penyelesaian Sengketa Tanah Melalui Mediasi : (Study Di BPN Lombok Tengah) Lalu Muhammad Wira Arizki; Arief Rahman; M. Yazid Fathoni
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2612

Abstract

This study aims to determine the application of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020. Furthermore, this study analyzes the Supporting and Obstacle Factors in the Land Dispute Resolution Process through the Mediation Process. The research method used is the empirical legal research method. The results of this study reveal that the settlement of land disputes at the Central Lombok National Land Agency through mediation has been running well and optimally. There are many land disputes resolved through non-litigation channels, namely mediation. The supporting factor of the mediation is the regulations that facilitate and clarifies in resolving land disputes. The inhibiting factors in land dispute resolutions through mediation at the Central Lombok District Land Office include, first, the parties did not have good intentions, they instead take advantage of the mediation process to stall for time, pretending to forget or dishonesty in resolving disputes. Second, the parties in land disputes insisted to defend their respective rights.
Hak Pekerja Atas BPJS Ketenagakerjaan Berdasarkan Undang-Undang Nomor 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial Imani Septianingsih; H. Zaeni Asyhadie; Rahmawati Kusuma
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2613

Abstract

This research aims to understand the essential considerations for adding a pension security program with legal consequences for employers who do not include workers in the pension security program based on Law Number 24 of 2011. This study uses a normative research method using a statutory, conceptual, and case approach. The results are that the addition of a pension security program to Law Number 24 of 2011 is a representation of the international convention , the mandate of Article 28 letter h paragraph (3) of the 1945 Constitution, Articles 22 and 25 of the Universal Declaration of Human Rights. As for the legal consequences are criminal penalties and administrative sanctions.Keywords: Employee Rights, Pension Guarantee, Legal Consequences.
Analisis Yuridis Putusan Pengadilan Negeri Mataram Nomor 3/Pdt.G/2021/Pn Tentang Keabsahan Peralihan Hak Atas Tanah Farah Sahirah; H. Arba Arba; Wiwiek Wahyuningsih
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2614

Abstract

This research aims are to know the validity of unregistered sale and purchase agreement with the Title Certificate. Type of this research was normative legal research which applied conceptual, statute and case approaches. The used legal analysis of this study was legal interpretation. Result of this study shows that legal force in the verdict Number 3/PDT.G/2021/PN is valid and has legal force since there was witness statement in the court. The panel of Judges gave permission or power of attorney to the Plaintiff for and on behalf of the Defendant before the authorized Land Deed Making Officer (PPAT) to sign the Deed of Sale and Purchase/Transition of land rights with the ownership certificate. The transfer of land rights does not occur, while the agreement remains valid and has the same binding legal force as an authentic deed. It is better if every agreement is made by and before a Notary.

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