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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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AKIBAT HUKUM TERHADAP WALI DALAM MEWAKILI ANAK DI BAWAH UMUR DIHADAPAN NOTARIS EKA RAHMAT GUNAWAN; Shinta Andriyani
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.v3i3.3420

Abstract

This study aims to analyze the legal consequences and responsibilities of guardians in representing minors before a Notary based on Decision Number 18/Pdt.P/2023/PA.TPI. The approach used is statutory, conceptual approach. The legal sources used are primary and secondary legal materials. Techniques / ways of obtaining legal materials are carried out by literature study. The analysis used in this research is qualitative analysis. Based on the results of the research, the legal consequences and responsibilities of guardians in representing minors based on decision Number 18/Pdt.P/2023/PA.TPI, namely the emergence of rights and obligations, the authority to represent minors in carrying out legal acts determined by law and guardians are responsible for ensuring the welfare and future of the children they care for.
PENYELESAIAN SENGKETA PEMBAGIAN HARTA WARISAN OLEH KEPALA DESA SEBAGAI HAKIM PERDAMAIAN DESA Hentika Ruhmana; AD Basniwati
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.v3i3.3421

Abstract

This study aims to determine the implementation of inheritance dispute resolution by the village head as a village peace judge and to find out the inhibiting and supporting factors of inheritance dispute resolution by the village head as a village peace judge. This research was applying empirical legal research methods using a Conceptual Approach, Statutory Approach, Sociological Approach, and Case Approach. The research results revealed that the disputes were resolved using non-litigation settlements and using the Islamic legal system (Fara'id). The inhibiting factor for resolving inheritance disputes was the reluctance of the parties to come to the village office. Moreover, the parties did not provide proof marks. In some cases, there were parties who did not respect the rights of others. The supporting factors for inheritance dispute resolution are the will of the parties to resolve their dispute, the truthfulness of the parties, and the mediator has good ethics.
PELAKSANAAN LELANG BARANG SITAAN KEJAKSAAN NEGERI SUMBAWA BESAR ELMA OLIVIA GRACELDA; Rina Khairani Pancaningrum
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.v3i3.3422

Abstract

The Prosecutor's Office in terms of confiscating evidence for the interests of the State, can act specifically, namely the prosecutor as the executor of this authority is authorized as a public prosecutor and carries out court decisions, and other powers based on law. The purpose of this research is to find out and analyze the civil law relationship between the district attorney, bidders, and the auction winner in a lawsuit over the auction object after the auction. This study uses normative research methods with the function of providing juridical arguments when there is emptiness, ambiguity, and conflicting norms. The formulation of the problem in this study is how is the civil law relationship between the State Attorney, Bidders, auction winners, and the KPKL in carrying out the auction at the Sumbawa Besar District Attorney's Office and what are the civil law responsibilities of the State Attorney, Auction Winners and KPKNL for claims for auction objects after the auction.
TANGGUNGJAWAB PENGUSAHA TAMBANG TERHADAP KESEHATAN MASYARAKAT AKIBAT DARI POLUSI YANG DITIMBULKAN AHMAD YANI; Any Suryani Hamzah
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.v3i3.3423

Abstract

This study's purpose is to determine the regulation of mining companies' social responsibility based on legislation, the causal factors of the impacts, and the company's responsibility for the resulting pollution impacts. This study uses empirical legal research methods with qualitative analysis methods through the statute approach, conceptual approach, and sociological approaches. The results of the study showed that the legislation regarding the social responsibility of mining companies are Act Number 20 of 2020 Concerning Mineral and Coal, Act Number 32 of 2009 on the environment, Act Number 36 of 2009 on health, Act Number 17 of 2019 on water resources, PMK Number 61 of 2013 on Matra Health and Government Regulation Number 22 of 2021 on the environment. the impact factors are derived from open mining activities, lack of drainage, traffic of vehicles transporting mining products and processing of open mine products without watering. The impacts include air pollution, damaged roads, the potential for soil erosion, and decreased water quality. The responsibility of the mining company for the impact caused is by watering and closing the tailgate of the mining vehicle, providing CSR, compensation to communities whose agricultural land is affected, reclamation of ex-mining land, and construction of drainage.
TINJAUAN YURIDIS TENTANG PENGANGKATAN ANAK (ADOPSI) BERDASARKAN PENETAPAN NOMOR : 365/PDT.P/2019/ PN.MTR NI KADEK MADAWI DWIYANTI RAHAYU; Wahyuddin Wahyuddin
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.v3i3.3424

Abstract

This study aimed were to know Judge’s consideration for adoption viewed from the court’s determination and to know legal impact of the adoption according Staatblad 1917 No. 129, Islamic Law, customary law, and Government Regulation Number 54 of 2007. Legal impact of adoption according Staatblad 1917 No. 129 the relationship between child and his biological parents is separated, but in Islamic Law, adoption does not create any legal consequences. Legal impact from the perspective of customary law, adopted children continue the position of their adoptive parents, legal consequences according to government regulation No. 54 of 2007 adopted children have the same position as biological children.
PERLINDUNGAN HAK CIPTA SEBAGAI JAMINAN KREDIT BANK BERDASARKAN HUKUM POSITIF INDONESIA SAMIUDDIN SAMIUDDIN; Eka Jaya Subadi
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.v3i3.3425

Abstract

The purpose of this study is to determine the regulation of copyright as an object of bank credit guarantees based on positive law in Indonesia, and copyright protection as an object of bank credit guarantees based on positive law in Indonesia. The research method in this thesis is normative legal research methods. The conclusion is a). The economic rights of copyright can be the object of debt guarantees because of the nature of copyright as an intangible movable object so that it can be guaranteed with fiduciary as regulated in Article 17 Indonesia Copyrights Act. So that the Creative Economy Law was issued and implemented regulations to realize copyright as object guarantees through an intellectual property-based financing mechanism. b). Copyright protection consists of two types, namely preventive and repressive protection. Preventive protection is carried out through a copyright and fiduciary registration mechanism at government institutions, while repressive protection is through civil or criminal justice mechanisms or Alternative Financial Services Sector Dispute Resolution Institutions.
ANALISIS YURIDIS PUTUSAN NOMOR 14/PDT.SUS-PHI/20201/PN.MTR TENTANG PHK BAGI PEKERJA PERJANJIAN KERJA WAKTU TERTENTU LALU FAREZA MUAMAR FADILA; Lalu Hadi Adha
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.v3i3.3426

Abstract

This recent study purposed to analyze how dispute were arranged regarding to the requests for the rights of workers who are laid off with a Fixed Time Work Agreement. Another aims of the research is also to figuring out the appropriation of legal considerations of the judges within Decision Number 14/Pdt.Sus-PHI/2021/PN.Mtr. This study uses normative legal research with statute approach and conceptual approach applied. The types and sources of legal materials used to solve the problems are primary legal materials, secondary legal materials, and tertiary legal materials. The technique/method of obtaining legal material is carried out by means of a literature study. Based on the interpretation method of analysis within the research, it is known that the dispute arrangements regarding the application for the rights of workers who were laid off with a Fixed Time Work Agreement according to labor law that if one party terminates the employment relationship before the expiration of the term, the party terminating the employment relationship is required to pay compensation to the other party as stipulated in Government Regulation Number 35 of 2001 Concerning Work Agreements for Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Relations. The judge's consideration in decision No. 14/Pdt.Sus-PHI/2021/PN Mtr was rejected since the plaintiff did not appear at the trial three times in a row and had not provided evidence at trial to support the demands of his lawsuit, therefore the court was unable to fulfill the plaintiff's demands.
TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP BADAN HUKUM KOPERASI SIMPAN PINJAM TERHADAP DEBITUR WANPRESTTASI: Studi di Koperasi Simpan Pinjam Sejahtera Mataram Ni Made Aryani Saraswati Dewi; H. Djumardin Djumardin
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.v3i3.3427

Abstract

This study aims to find out the factors causing debtors to default and to understand the form of protection of legal entities of savings and loan cooperatives, as well as the form of settlement carried out by the Sejahtera Savings and Loan Cooperative if the debtor is in default. Based on the results of this study, it can finally be concluded that the causes of debtors defaulting on the Sejahtera Savings and Loan Cooperative are internal factors, external factors, and the incomparable value of collateral. The form of legal protection for savings and loan cooperatives if the debtor defaults is through Standard Operating Management, Task Force Team, and the form of agreement that has been agreed upon by the cooperative and members through the goods or collateral of the debtor given to the cooperative. The form of settlement is in two ways: non-litigation and litigation; by deliberation or kinship; andthe last is the criminal or legal path.
TINJAUAN YURIDIS AKIBAT HUKUM ADANYA UNSUR PENIPUAN DALAM PERJANJIAN UTANG PIUTANG Zikriatul Aini; M. Yazid Fathoni
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.v3i3.3428

Abstract

This study aims to determine the legal consequences if there is an element of fraud in the debt agreement and how the judge considers in deciding the case in decision no. 4 PK/Pid/2019. This type of research is normative research, with the approach method used being the statutory approach (Statue Approach), conceptual approach (Conceptual Approach), and analytical approach (Analytical Approach). Based on the research results, this case has legal consequences, namely Erni Saroinsong was proven to have committed fraud and was sentenced to 2 (two) years in prison, and the debt agreement between Erni Saroinsong and Robert Thoenesia can be requested for cancellation following Article 1328 of the Civil Code.
PELAKSANAAN JAMINAN SOSIAL KEPADA DRIVER GOJEK DALAM HUBUNGAN KEMITRAAN OKKY ADITYA PUTRA; Rahmawati Kusuma
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.v3i3.3429

Abstract

This research examines the implementation and obstacles of social security provision for Gojek drivers in a partnership relationship, aiming to understand the implementation and barriers in carrying out social security. The study utilizes empirical legal research and descriptive qualitative analysis. Findings reveal that Gojek facilitates the Employment Social Security Agency (BPJS Ketenagakerjaan) registration, and drivers receive Health insurance from BPJS, Jasa Raharja Insurance, and the Reimbursement program. Various social guarantees obtained by Gojek Drivers are regulated in Minister of Transportation Regulation Number 12 of 2019, Minister of Labour Regulation Number 1 of 2016, Government Regulation Numbers 44 and 46 of 2015, Law Number 24 of 2011, Law Number 34 of 1964, and other related regulations. Driver awareness, lack of guidance and outreach, information and administrative constraints, as well as financial conditions and demographics (number of available drivers and/or number of service users), are identified as obstacles to the implementation of social security, especially in the city of Mataram

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