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Nur Kasim
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Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo Jend. Sudirman street No.6, Post Code 96120, Gorontalo, Indonesia
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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 3 Issue 1 2023" : 5 Documents clear
Underage Marriage Review Post Latest Marriage Law Abdjul, Mohammad Fajar; Kasim, Nur Mohamad; Ismail, Dian Ekawaty
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (738.045 KB) | DOI: 10.56591/dlj.v3i1.1856

Abstract

The purpose of this study is to find out about underage marriages after the enactment of the latest marriage law and see how effective the enforcement of the law is and what efforts have been made by the Office of religious affairs against the latest law, which discusses the existence of underage marriages. The research method used is normative, with the statute and contextual approaches. The results of the study show that underage marriages after the entry into force of Law number 16 of 2019 are allowed on the condition that they request a letter of dispensation and are accompanied by urgent reasons and also include supporting evidence and the effectiveness of the latest marriage law in Pohuwato Regency it can be considered ineffective and requires in-depth evaluation because of the high number of underage marriages. Because of this, the Office Of Religious Affairs of Marisa district continues to conduct outreach related to the enforcement of marriage under the law, as regulated in the latest marriage regulations. The government is expected to revise law no. Married even though he is underage, not only in Article 7 paragraph (2), which says the parties' parents can ask the court for dispensation with urgent reasons accompanied by evidence.
Default on Joint Responsibility Agreements by Debtors Abdullah, Windi Friliani; Junus, Nirwan
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i1.1829

Abstract

The purpose of this study is to find out how the arrangement of the joint responsibility system in the lending and borrowing agreement at PNM Mekaar East City Branch 2 Gorontalo City and to find out the legal consequences and efforts to resolve defaults in joint responsibility agreements by debtors in Huangobotu Village. The research method used is Normative legal research. The data obtained are primary and secondary data. The data collection techniques used by the author are observation, interview, and literature. The results of the study show that the arrangement regarding the joint responsibility system in the loan and borrowing agreement at PNM Mekaar Branch Kota Timur 2 Gorontalo City is in accordance with the provisions of the applicable rules as stated in Article 1278 of the Civil Code concerning joint responsibility or joint responsibility where the joint responsibility agreement can occur over the will or agreement of the parties and must be expressly stated in the agreement. And the type of joint responsibility that is applied by business groups in the village of Huangobotu is a type of passive joint responsibility as stated in Article 1280 of the Civil Code. And the legal consequences of default in the lending and borrowing agreement with a joint responsibility system at PNM Mekaar East City 2 Branch City of Gorontalo in Huangobotu Village are payment of achievements by each group member, and requests for fulfillment of achievements by PNM Mekaar East City 2 Branch of Gorontalo City to the person in charge of customers who do not fulfill these obligations. And efforts to resolve defaults by PNM Mekaar Branch Kota Timur 2 Kota Gorontalo are more to the approach of deliberation or mediation with customers to find the right settlement solution.
A Legal Perspective on the Cooperation Agreement in Cash on Delivery (COD) System Faradini, Nurul; Thalib, Mutia Cherawaty; Sarson, Mohamad Taufiq Zulfikar
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i1.1862

Abstract

The purpose of this research is the Cooperation Agreement between the Goods Delivery Service Company and the Courier in the Cash on Delivery System. This research uses empirical research method. The research location is Ninja Xpress Gorontalo City. The data obtained are primary and secondary data. Data collection techniques used by the author are observation, interviews and literature. The research results obtained Every agreement must be carried out in good faith, as found in Article 1338 Paragraph (3) of the Civil Code regarding the principle of good faith, which reads “Agreements must be carried out in good faith”. This article determines that agreements are made in good faith by those who make them. The most important thing in the implementation of an agreement is to determine when the agreement begins, considering that from that moment the rights and obligations of the parties to the agreement arise. In general, an agreement occurs after an agreement between the parties, since there is an agreement, then from that moment an obligation has arisen. In addition, the contents of the agreement between Ninja Xpress and couriers consist of the scope of the agreement, validity period & termination of the agreement, agreement of the parties, work compensation, dispute resolution, tiering system, COD scheme, awards or awards for the best rider/driver and sanctions for violation of procedures. The form of agreement between the courier and Ninja Express is a partnership agreement which can be in the form of a digital agreement or print out agreement.
Implementation of the Precautionary Principle in Banking: Implications for Customer Risk Financial Andini, Pretty Fabiola; Wantu, Fence M.
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i1.1936

Abstract

The purpose of the research is to find out more about the application of the Prudential Principle according to Article 2 and Article 29 of Law Number 10 of 1998 concerning Banking. This research uses normative research methods. The approach taken is to use a statutory approach, doctrinal approach, and comparative approach. The results of this study indicate that the prudential banking principles are essential in the world of banking in Indonesia, so they must be implemented or run by banks in carrying out their business activities. The current prudential banking regulation is contained in Law Number 10 of 1998. In addition, there are also circulars and decrees of the Board of Directors of Bank Indonesia. By using the Branchless Banking model in the banking industry, banks are required to implement prudential principles comprehensively. They must also provide security and protection to customers when using products in branchless banking.
Implications of Legislation on the Status of Children Born from Marriages That are Not Recorded in the Law A. Ismail, Moh. Dhiwa Ulfajri
Damhil Law Journal Volume 3 Issue 1 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i1.1834

Abstract

The issue of child protection has become the main concern of the government in recent years. The challenges of child protection are very diverse, ranging from poverty, ownership of birth certificates, child participation to violence against children. Related to children's civil rights, in the form of basic rights to obtain birth certificate documents. If the child does not have proof of identity, his whereabouts are not recognized by the state. In fact, children cannot access educational facilities, health care, social assistance, and other vital services. The consequence of not having a birth certificate makes it difficult to prove the legal identity of the child. When both parents get into trouble in court, the rights of the child are always neglected because they cannot prove that they are legitimate children in the eyes of the parents.law. The purpose of this researchTo find out and analyze the perspective of laws and regulations on the legal status of children born from unregistered marriages. This study uses a sociological juridical research method with a descriptive qualitative research approach and interactive analysis techniques.

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