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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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TANGGUNG JAWAB SUAMI ATAS NAFKAH TERHADAP MANTAN ISTRI DAN ANAK PASCA PERCERAIAN MENURUT UNDANG-UNDANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM NOVITA MARASTI; Fatria Hikmatiar Al Qindy
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3410

Abstract

The aim of this research is to examine the implementation of husband's responsibility for sustenance towards ex-wife and children in Mujur Village, East Praya Sub-District, Central Lombok Regency, and the obstacles in enforcing husband's responsibility for sustenance towards ex-wife and children. The research method used is normative-empirical research. The results of the research showed that: 1) Fulfillment of the right to maintenance of wife and children after divorce in Mujur Village, East Praya District, Central Lombok Regency, based on data obtained from an interview with Posbakum of the Praya Religious Court, Central Lombok, Researchers found various patterns for fulfilling the rights of the wife and child maintenance after divorce. There were several patterns in its implementation: some always provide, sometimes provide, once provide, and never provide. 2) The factors affecting the fulfillment of the biological father's responsibility for the wife's and children's sustenance after divorce, including where a biological father or ex-husband was unable to fulfill his obligations in providing his children's sustenance. In addition to internal factors, factors that were no less important in terms of fulfilling the biological father's responsibility for child support after divorce were external factors that could encourage, directly or indirectly, the community's understanding of the biological father's responsibility for child maintenance after divorce.
TANGGUNG GUGAT KEPERDATAAN TERHADAP PENGGUNAAN MEREK MS GLOW SECARA ILEGAL ARINI PUTRI; Aris Munandar
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3411

Abstract

The widespread use of Marks without permission by piggybacking or piggybacking Brands that are well-known or have a high reputation. This action is called Passing Off, which is an action that instantly tries to take advantage by piggybacking by imitating the property of another party with a good reputation. This study uses normative research methods using 3 (three) approach methods: the statute approach, the case approach, and the conceptual approach. As for the research results related to the decision, the authors agree with the judge's decision, including the dispute was based on an unlawful act, in the end, resulting in material and immaterial losses for the plaintiff naturally carries out the compensation and termination of actions related to the use of the mark without. The decision of the panel of judges to grant exclusive rights to the use of the "PS GLOW" trademark is correct. MS GLOW registered the brand earlier than PS GLOW, on September 20, 2016, but with the name MS GLOW FOR BEAUTIFUL SKINCARE, not just MS GLOW.
AKIBAT HUKUM TERHADAP HARTA WARISAN YANG DIJUAL BELUM DIBAGI WARIS Fatia Nuriza; Wiwiek Wahyuningsih
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3412

Abstract

This study aims to determine the validity of the sale and purchase agreement for inherited assets that have not been sold and to analyze and find out the judge's considerations in Decision Number 0406/Pdt.G/2013/PA Pre regarding the legal consequences of inherited assets that have not been sold as inheritance. This research was carried out by applying normative legal research methods using a statutory approach (statute approach), conceptual approach (conceptual approach), and case approach. The results of the study revealed that the validity of the sale and purchase agreement for inherited assets that are sold without inheritance must comply with the provisions of Article 1320 of the Civil Code, as a result selling inheritance that has not been divided into inheritance cannot be said to be valid because it does not meet the objective requirements, namely the existence of certain things and lawful causes that causing the sale and purchase agreement to be null and void because it contradicts the provisions of Article 1334 paragraph (2) of the Civil Code and the results of the research revealed that the judge's consideration in Decision Number 0406/Pdt.G/2013/PA Pre related to legal consequences of the inheritance sold has not been divided into inheritance namely the Panel of Judges ordered the Defendants and Co-Defendant to hand over the inheritance to all the heirs who are entitled and if it cannot be divided in kind then it can be done by way of auction through the State Auction Agency in accordance with Article 200 paragraph (1) HIR or Article 215 paragraph ( 1) RBg.
STUDI KOMPARASI TENTANG KELEBIHAN DAN KEKURANGAN HARTA WARISAN DALAM KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM ISLAM BAIQ ROHATUL ASNA JALILAH; Fatahullah Fatahullah
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3413

Abstract

The purpose of this study is to analyze the regulation of the surplus and shortage of inheritance based on the Indonesian Civil Code and Compilation of Islamic Law and the type of settlement of the surplus and shortage of inheritance. The results of this study indicate that in the regulation, the surplus and shortage of inheritance based on the Indonesia Civil Code is included in incorting and inbreng material. Whereas in the Compilation of Islamic Law, the regulation of the surplus and shortage of inheritance is called 'aul and radd. The type of settlement of the surplus and shortage of inherited assets in each concept has its way of settlement in each regulation. Settlement of surplus and shortage of inherited assets that are carried out in incorting and inbreng is by returning or reducing inherited assets when a right of an heir has been violated. The purpose of holding incorting and inbreng is to slightly equalize the distribution of inheritance among heirs. In the Compilation of Islamic Law itself, the type of settlement of the surplus and shortage of inherited assets is carried out by dividing all inherited assets among fellow heirs.
ANALISIS YURIDIS PENERAPAN STRUKTUR DAN SKALA UPAH BERDASARKAN PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 Nur Laila Ahmad; Lalu Husni
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3414

Abstract

This study aims to examine the regulation of the structure and scale of wages based on Government Regulation Number 36 of 2021 concerning Wages as well as the legal consequences for companies that do not arrange and implement a wage structure and scale. This study uses the normative method. This research results reveal that the structure and scale of wages are arranged based on wage provisions in Indonesia. Based on the wage provision, the company arranges the structure and scale of wages and takes into account the company's readiness and capabilities. The legal consequences for companies that do not compile and implement the structure and scale of wages under applicable government regulations will impose administrative sanctions and criminal sanctions.
ANALISIS KASUS TENTANG PUTUSAN PENGADILAN NO 92/PDT.BTH/2019/PN MTR TENTANG HARTA KEKAYAAN PERUSAHAAN Fresilia Twins Bamasaq; H. Arba Arba
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3415

Abstract

This study aims to determine the position of the status of ownership of land rights jointly with a company registered in the name of one person and to find out the judge's consideration in deciding the case No. 92/pdt.bth/2019/PN Mtr. This research uses normative juridical research methods. Normative juridical research is library legal research. The results showed that the proof of ownership of land purchased privately by the managing director who is bound in marriage which is controlled and used for the company's business activities is juridically the property of the managing director and his wife. The judge's consideration in deciding the case is that the resistance filed by the plaintiff is rejected because the land certificate is in the name of the allied partners and there is no written evidence including authentic evidence that can prove that the land belongs to the company even though the land is controlled and used by the company. It is hoped that the government will conduct counseling for business actors, especially CVs, to avoid cases of borrowing the names of their allies.
KAJIAN YURIDIS MENGENAI HAKI SEBAGAI JAMINAN UTAMA BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2022 TENTANG PERATURAN PELAKSANAAN UNDANG UNDANG NOMOR 24 TAHUN 2019 TENTANG EKONOMI KREATIF DIMAS INDRAYANA; Zaenal Arifin Dilaga
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3416

Abstract

This study aims to describe, explain the legal arrangements related to intellectual property rights used as collateral for debt in bank and non-bank financial institutions and assess the value of an intellectual property right. This research was carried out using normative legal research methods using a conceptual and statutory approach. The results of the research show that the approach method used to measure the value of an intellectual property that will be used as collateral is the cost approach, market value approach, income approach, and other approaches with intellectual property appraisers who evaluate Intellectual Property according to what is written in Government Regulation Number 24 of 2022 concerning Regulations for Implementing Law Number 24 of 2019 concerning the Creative Economy
ANALISIS PENETAPAN PENGADILAN NEGERI LUBUKLINGGAU NOMOR 3/PDT.P/2015/PN LLG. TENTANG PERKAWINAN BEDA AGAMA DELIAN ADLOFENO; Sahruddin Sahruddin
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3417

Abstract

This study aims to analyze the validity and rationale of the Lubuklinggau District Court Number 3/Pdt.P/Lig, regarding interfaith marriage in giving determination. This research method uses a descriptive legality normative approach. The data type used consists of primary data, namely laws and regulations and secondary data derived from books or scientific papers related to this research. The data collection method uses library data, which is analyzed descriptively-deductively. The first study’s results indicate that interfaith marriages in Indonesia are not permitted because they do not meet the formal requirements for a marriage to be valid. Second, regarding the basis for the judge's consideration, it has fulfilled the juridical, sociological and philosophical aspects. However, in the philosophical aspect, the judge did not consider speculatively. This means speculative considering what this means is the legal consequences that occur when the stipulation is given.
PERLINDUNGAN HUKUM PASIEN TERHADAP PRAKTIK KONSULTASI ONLINE DOKTER PADA APLIKASI HALODOC YUHANNA YUHANNA; Muhammad Irfan
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3418

Abstract

The purpose of this study is to analyze the patient's legal protection for online doctor consultation practices on the Halodoc application and to analyze the doctor's legal responsibility if the patient suffers a loss of health. This research is a normative legal research method with the statute approaches, the conceptual approaches, and the comparative approaches. The result of the study is the patient's legal protection against online doctor consultation in the Halodoc application by preventive legal protection in the informed consent, medical records, and repressive legal protection by giving sanctions and lawsuits for compensation against doctors who make mistakes or malpractices. Doctors' legal responsibilities in the Halodoc application are categorized into three types of legal responsibility, namely responsibility in the areas of civil law, criminal law, and administrative law.
PENYELESAIAN PEMBIAYAAN YANG MACET PADA MASA PANDEMI COVID-19 DI PT. BFI FINANCE CABANG MATARAM I GEDE PUTU PURNAMIA; Zaenal Arifin Dilaga
Private Law Vol. 3 No. 3 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i3.3419

Abstract

The purpose of this research is to determine solutions for delinquent financing during the Covid-19 pandemic at PT. BFI Finance Mataram Branch and to identify the challenges in resolving delinquent financing during the Covid-19 pandemic at PT. BFI Finance Mataram. This research is a normative-empirical study, employing the statutory approach, conceptual approach, and sociological approach as the methods of analysis. The data sources include field data and literature data, consisting of primary and secondary data. The data collection techniques involve conducting interviews for field data and document study for literature data. The data analysis is conducted through descriptive qualitative analysis. The research findings conclude that in resolving delinquent loans during the Covid-19 pandemic, PT. BFI Finance provides relief measures, such as rescheduling payment schedules, to alleviate the burden on customers. The non-litigation negotiation method is being used due to the pandemic situation. However, the challenges faced in resolving delinquent financing during the pandemic are mainly attributed to the financial problems faced by the debtors. Many debtors have been laid off by their employers during the pandemic, and it has been difficult for BFI to reach out to them due to the pandemic situation.

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