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Damhil Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 28087143     DOI : https://doi.org/10.56591/dlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Volume 2 Issue 1 2022" : 5 Documents clear
Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws Mustapa, Iqbal; Abdussamad, Zamroni; Towadi, Mellisa
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.32 KB) | DOI: 10.56591/dlj.v1i1.1726

Abstract

This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.
Determinant Factors for Delays in Settlement of Gono-Gini Asset Disputes Lukum, Silvani Nur Rahmat; Junus, Nirwan; Kamba, Sri Nanang Meiske
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (684.483 KB) | DOI: 10.56591/dlj.v1i1.1740

Abstract

This article discusses the highest factors that hinder the resolution of disputes over mixed assets. The determinant factors that impede the implementation of the religious court's decision on the resolution of disputes over arbitrary assets in the City of Gorontalo to those who apply for the separation of arbitrary assets are internal and external factors. Internal factors include obstacles; the lack of human resources for judges at court, as well as the knowledge of judges in resolving cases where the wife who is more dominantly working earns income while the husband does not work. In this case the judge uses the principle of justice by determining that the ex-wife gets ¾ of the share while the ex-husband gets ¼ of the share. External factors include: Partners between ex-husbands and ex-wives are not willing, do not accept, or do not agree with the results of the decision from the court. The approach used in writing this article is empirical juridical with a case study approach. Based on the data found in this article, the highest factor in the delay in resolving disputes over Gono-Gini assets is disagreement between ex-husbands and ex-wives over the decision of the Class IA Gorontalo Religious Court.
Illegal Fintech Lending (Review of Financial Services Authority Regulation Number: 77/Financial Services Authority.01/2016) Ardhana, Adnan Septian; Kasim, Nur Mohamad
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (668.758 KB) | DOI: 10.56591/dlj.v1i1.1749

Abstract

This study discusses the effectiveness of the application of the OJK Number: 77 / POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study uses normative juridical research (normative law research). Normative juridical research refers to legal norms contained in legislation, Court decisions, legal theory and scholar's opinions and norms that exist in society. The approach used in the study is a normative juridical approach, then the approach taken in this paper is the approach to legislation, case approach and conceptual approach. In the study concluded that there are five (5) factors that cause the ineffectiveness of the application of this regulation are as follows; 1). Legal factors; 2). Law enforcement Factors; 3). Factors of law enforcement means; 4). Community factors; 5). Cultural factors.
Responsibilities of PT. Bumi Putera Insurance Against Customer Claims Due to Default Actions Lukum, Silvana; Thalib, Mutia Cherawaty
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.93 KB) | DOI: 10.56591/dlj.v1i1.1739

Abstract

Insurance is the choice for customers in Gorontalo Province. Why is that based on the basic assumption that by insuring the company PT. Bumi Putra Gorontalo Branch will make it easier for customers to send their children to college. However, this hope vanished when many customers of PT. Bumi Putra Gorontalo Branch had problems after maturity and when submitting claims to the insurance company PT. Bumi Putra Gorontalo Branch, the insurer denied insurance payments for tertiary education for children who were insured who were not provided in accordance with the agreement in the PT.Bumi Putra insurance policy. The method used in this research is this type of research is empirical justice research, in other words it is a type of sociological legal research, also called field research. or law in action studies, which are seen from their nature including qualitative research. This legal research is studying the behavior of the people who are influenced by the existence of a rule or the behavior of the people that influences the formation of a rule based on primary and secondary data. Other studies that use inductive logic analysis describe a qualitative approach. Based on the results of the study, the insurance company PT. Bumi Putra, Gorontalo branch, had defaulted on customers in Gorontalo province, but the insurance company, PT. Bumi Putra, the Gorontalo branch, denied that it had not acted in default, but said customers would fulfill their obligations according to what agreed in the insurance policy with the customer.
Dispute Settlement Model of Land Acquisition for Public Interest Bokings, Julia Citra Riski
Damhil Law Journal Volume 2 Issue 1 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (617.561 KB) | DOI: 10.56591/dlj.v1i1.1247

Abstract

This study aims to analyze obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency, as well asformulatethe ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency. This type of research uses empirical research, by using a statutory approach, a conceptual approach, and a case approach. Sources of data used are primary data and secondary data. The data that has been completed is analyzed using qualitative descriptive. Based on the research results that have been described, there are several findings in this study, namely (1)There are obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency. The first obstacle is related to legal factors where in terms of legal substance, there is a regulation on the use of consignments as a safe-keeping of compensation private law provisions which shift to public law provisions. And the second obstacle is the determination of compensation, which should be based on an agreement with the land owners, turned out to be unilaterally determined by the Land Procurement Committee. estimate the amount of compensation for the holders of land rights.(2) The ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency, namely the non-adjudication settlement model, namely through deliberation where all parties involved carry outactivities that involve listening to each other, giving and receiving mutual opinions, as well as a desire to reach an agreement on the form and amount of compensation and other issues related to land acquisition activities on a voluntary basis. As well as a settlement model by adjudication or through a court route, where the Court has the authority to decide the amount and form of loss given to the holder of land rights whose rights are affected by land acquisition for development in the public interest.

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