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INDONESIA
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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Tinjauan Yuridis Pembatalan Perkawinan Akibat Pemalsuan Identitas Dalam Persepektif Hukum Positif Indonesia: Studi Putusan Nomor 780/Pdt.G/2020/PA.Tmk Haris, Auliya; Sahruddin, Sahruddin
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ctrqs498

Abstract

This research aims to elucidate the basis of judicial considerations in granting marriage annulment due to identity forgery in Decision Number 780/Pdt.G/2020/PA.Tmk and to explain the legal consequences of marriage annulment due to identity forgery from the perspective of Indonesian positive law. The research method employed is normative legal research. Based on the research findings, it is revealed that the legal basis for the judge's consideration in granting marriage annulment in Decision Number 780/Pdt.G/2020/PA.Tmk is the husband's identity forgery claiming to be a divorced widower, an act which constitutes fraudulent behavior. Additionally, the Panel of Judges evaluated the facts obtained during the trial, relying on the testimonies of witnesses. Based on these witness testimonies, it was established that at the time of marrying the Petitioner, the Respondent was still legally bound in a previous marriage with another woman or his previous wife. Consequently, the marriage between the Petitioner and the Respondent was a polygamous marriage without authorization from the competent Religious Court. Therefore, the Panel of Judges opined that the marriage between the Petitioner and the Respondent should be annulled. Meanwhile, the legal consequences of marriage annulment due to identity forgery consist of the legal consequences regarding the marital relationship and the legal consequences regarding property.
Perlindungan Hukum Terhadap Hak-Hak Nelayan Tradisional Dalam Zona Ekonomi Eksklusif : Studi Di Pulau Maringkik Lestari, Aprianun; H. Arba
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/535kym49

Abstract

The research aims to determine the rights of traditional fishing communities in the exclusive economic zone on Maringkik Island and to determine the implementation and legal protection of the rights of conventional fishermen in carrying out their business in the exclusive economic zone. This type of research is empirical legal research using statutory, conceptual, and sociological approaches. The results of this research are that legal regulations regarding the rights of traditional fishermen in the exclusive economic zone on Maringkik Island are regulated in customary regulations, namely nyelmatan dilaok and statutory regulations, among others, law number 5 of 1983 concerning exclusive economic zones, laws number 31 of 2004 regarding changes to law number 45 of 2009 concerning fisheries, and law number 7 of 2016 concerning the protection and empowerment of fishermen, fish farmers, and salt farmers as well as other related regulations. Traditional fishermen have certain rights in carrying out business, one of which is the right to catch and keep fish. The right to catch and keep fish on Maringkik Island still uses rules set by the community, passed down from generation to generation. Implementing legal protection based on relevant laws and regulations is still not done well.
Pelaksanaan Perlindungan Hukum Pekerja Anak Di Kawasan Ekonomi Khusus Mandalika Milano, Bagus Shelva; Adha, Lalu Hadi
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/pc02nt21

Abstract

This research aims to determine the regulations on legal protection for underage child workers and to assess the supervision provided by the Regional Technical Implementation Unit for the Protection of Women and Children in the Mandalika Special Economic Zone in relation to child workers. This writing is empirical in nature, utilizing qualitative data analysis techniques. The research findings indicate that the Indonesian government has implemented regulations and supervision measures to safeguard child workers. These include the enactment of Law No. 35 of 2014 concerning Child Protection and Ministerial Regulation on the Empowerment of Women and Child Protection of the Republic of Indonesia No. 4 of 2018, which provides guidelines for establisment of UPTD PPA. There is a need for active involvement from local governments to ensure the effective implementation of child protection measures.
Pertanggungjawaban Pengelola Tpa Terhadap Pencemaran Udara Yang Berdampak Pada Kesehatan Masyarakat: Studi Di Desa Anjani, Kecamatan Suralaga, Kabupaten Lombok Timur Gita Alit Srinadi, Ida Ayu; Mustafa Umami, Allan
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/7kd1sw85

Abstract

This research aims to analyze the “Responsibility of Landfill Managers for Air Pollution Impacting Public Health: A Study in Anjani Village, Suralaga Subdistrict, East Lombok Regency." The study employs legal, conceptual, and sociological approaches. The research utilizes a normative empirical method with descriptive analysis using qualitative methods obtained through interviews, observations, and documentary studies. The findings reveal that: (1) The landfill management regulations in Anjani Village are not implemented in accordance with applicable laws. (2) The impacts of air pollution extend beyond public health, affecting agriculture and farm in the vicinity of the landfill. (3) The accountability of landfill managers has not been fully implemented, both in terms of preventive and repressive law enforcement as well as administrative, civil, and criminal sanctions. Instead, landfill managers have opted for non-litigation negotiations to address the issue, primarily by extinguishing fires to mitigate the adverse effects on surrounding communities.
Analisis Yuridis Mallpraktek Perawat Menurut Undang-Undang Nomor 38 Tahun 2014 Tentang Keperawatan Rachmawati, Junia; Hamzah, Any Suryani
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/pqgs5903

Abstract

This research aims to find out nurses' responsibilities if they make mistakes while on duty and do not fulfill their obligations according to the provisions of Law Number 38 of 2014 concerning Nursing. Furthermore, it analyzes dispute resolution concerning malpractice by nurses under the provisions of Law Number 38 of 2014 2014 on Nursing. The type of research is normative legal research. The research conclusion is that the nurse's civil liability for malpractice against patients is subject to the work agreement that has been made and mutually agreed between the nurse and the hospital and with absolute liability (strict liability), which refers to the provisions of Article 1601 jo. 1601a Civil Code. If it is expressly agreed in the work agreement that the nurse is fully responsible for malpractice, then the nurse bears all losses caused by his actions, based on the provisions of Article 1365 jo. Article 1366 of the Civil Code, and Article 310 of Law Number 17 of 2023 concerning Health. Forms of dispute resolution if malpractice occurs include compensation costs which will be paid to the patient (in this case the victim). Patients who experience losses due to malpractice actions by nurses can take legal action through litigation and non-litigation channels. The litigation is by filing a lawsuit before the District Court following the relative competence of the court. The non-litigation is in the form of mediation, namely peaceful resolution of disputes. This mediation process is divided into two, namely those carried before the court and outside the court.
Restrukturisasi Kredit Macet Di PT Bank Rakyat Indonesia (Persero) Tbk Di Kecamatan Pringgarata Kabupaten Lombok Tengah Pasca Pandemi Covid 19 Cahyani Safitri, Anggia; Subadi, Eka Jaya
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/j884tw79

Abstract

This research aims to determine the factors causing bad credit at PT Bank Rakyat Indonesia (Persero) Tbk in Pringgarata after the Covid-19 pandemic and to determine the implementation of restructuring at PT Bank Rakyat Indonesia (Persero) Tbk in Pringgarata after the COVID-19 pandemic. This type of research is normative empirical with statutory, conceptual, and sociological approaches. The results of this research are the factors that cause bad credit at the Pringgarata branch of Bank Rakyat Indonesia, namely economic factors, unstable economic factors, and the impact of the ongoing Covid-19 pandemic. The overall financial situation has not yet recovered, making it difficult for debtors to fulfill their credit payment obligations. Bank Rakyat Indonesia Pinggarata branch implemented two types of restructuring, extending the term and paying the interest only. Bank Rakyat Indonesia causes debtors not to understand the restructuring program.
Perceraian Di Bawah Tangan Dan Akibat Hukumnya: Studi Kasus Di Kelurahan Karijawa Kecamatan Dompu Kabupaten Dompu Kholvi, Nifa; Arifin Dilaga, Zaenal
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/14qmgk30

Abstract

This research aims to identify the factors and legal consequences of non-judicial divorce, as well as solutions for its eradication among the community in Karijawa Village, Dompu District. The research conducted is empirical. The findings indicate that economic factors are the most dominant influence on the occurrence of unofficial divorce. This is evident as the majority of the community in Karijawa Village falls into the low-income category, with most of them working as laborers. The legal consequences have a significant impact on the rights of children and wives. Post-divorce, husbands are often absolved of any responsibility to support their children or ex-wives. Furthermore, it impacts the legal status of the divorce itself.
Status Penguasaan Tanah Reklamasi Untuk Pemukiman Penduduk Lokal Studi Di Pulau Bungin, Kecamatan Alas, Kabupaten Sumbawa Nurmawanti, Nunung; Rahman, Arief
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/rb2xet46

Abstract

The purpose of the study is to find out and discuss the status of ownership of land reclamation for residents' settlements by taking research on Bungin Island, Alas District, Sumbawa Regency. The legal method the author uses in this research is the empirical legal research method. This research uses a statutory approach, a conceptual approach, and a sociological approach. The results of this study show that residents on Bungin Island carry out reclamation in 2 (two) ways, namely: traditional/natural reclamation and modern reclamation. Most of the residents who control land resulting from reclamation have been certified as an Ownership. The land Certificates issued on Bungin Island have amounted to 700 (seven hundred) certificates. The obstacle land reclamation process on Bungin Island is regarding territorial boundaries, because they claim each other and they are lack of awareness among residents regarding the importance of having a land certificate. The efforts made by the village government are to continue to provide socialization to residents for making a land certificate is very important. Furthermore, the village government can facilitate its residents who want to obtain a certificate of ownership rights.
Penyelesaian Wanprestasi Dalam Perjanjian Hutang Piutang Dengan Jaminan Sertifikat Hak Milik Bersama : Analisis Putusan Nomor 66/Pdt.G/2020/PN. Sel. Novia Apriyanti Ardani, Ni Putu; Hikmatiar Al Qindy, Fatria
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/rdqqm551

Abstract

This research aims to explain the legal position of joint ownership certificates as collateral for debt and receivable agreements based on the judge's considerations. This research is normative legal research using statutory, conceptual, and case approaches. The land rights in this certificate include collateral for which the agreement is accessoir. Inherited property as joint ownership requires heirs to take legal action over joint property. In Decision Number 66/Pdt.G/2020/PN.Sel, regarding the plaintiff's claim regarding the collateral object, this was rejected. In Civil Procedure Law, the plaintiff should apply for collateral confiscation. Based on Article 8 Paragraph (1) UUHT, the parties providing guarantees in APHT are all heirs. So, this guarantee agreement is not legally valid.
Pelaksanaan Perjanjian Bagi Hasil Kemitraan Tanaman Jagung Antara Pt. Sumbawa Bangkit Sejahtera Dengan Petani Penggarap Di Kabupaten Sumbawa Maghfirrah, Schintya; Andriyani, Shinta
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/gxmt2s56

Abstract

The purpose of the study is to provide recommendations and solutions to improve the implementation of corn crop partnership profit-sharing agreements and the distribution of corn crop yields in the type of sharing portions between companies and sharecroppers in Sumbawa Regency. This may involve suggestions for improvements in aspects of agreements, management, training, or other policies that support the sustainability of the partnership program. The research method in this research uses normative-empirical legal research methods. The conclusion of the study showed that for resolving the legal issues that Law Number 2 of 1960 concerning Production Sharing Agreements, the implementation of a corn plant partnership profit-sharing agreement if the land owner or owner’s capital and sharecroppers are each willing, where the sharecroppers are willing to carry out crop planting, and managing a certain type of plant and the land owner is also willing to provide the finance for the crop plantation, then this agreement can be agreed between the parties.

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