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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 2 2023" : 5 Documents clear
The Implementation of Contantia Justitia in Religious Courts During the COVID-19 Pandemic Putra, Muhammad Yusuf; Puluhulawa, Fenty U.; Kasim, Nur Mohamad
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1945

Abstract

This study aims to examine the Implementation of E-Court during the COVID-19 Pandemic as a Support for the Contante Justitie Principle in the Religious Courts. This type of research is empirical legal research, which uses a qualitative approach method, with Primary Data sources obtained directly. The results showed that the implementation of the Electronic Justice System (E-Court) during the Covid-19 Pandemic at the Gorontalo Class 1A Religious Court was comprehensively in accordance with the principles of Contantia Justitia or simple, fast and low cost justice, because it had been implemented from the time of receipt and registration of cases to the reading of case decisions carried out electronically using online applications that had been officially developed by the Supreme Court such as e-Filling (case registration), e-Payment (case fee), e-Summons (Summons of Parties), e-Litigation (trial), e-Copy (Copy of Decision), and e-Sign (Signature), and supported by online communication channel applications such as zoom cloud meeting, google meet, email, and even telephone lines.
The Phenomenon of Land Sale and Purchase Practices Without Land Deeds Lune, Nur Dilang W; Dungga, Weny Almoravid
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1871

Abstract

This study aims to determine the phenomenon of land sale and purchase practices without land deeds. The research method used is empirical research method. The results obtained show that one of the problems that often occurs in buying and selling transactions as an activity of transferring land rights is buying and selling land without a certificate. In fact, land certificates are valid and strong evidence of land ownership as stated in Article 19 Paragraph 2 Letter c of the UUPA. Factors causing this practice include legal, economic, social, and administrative factors. Slow and confusing processing of land certificates, lack of availability of land with legal status, the high cost of processing land certificates, lack of supervision from the community and government, and lack of public awareness and attention.
Analysis of the Impact of Covid-19 in Triggering Spouse Conflict Leading to Divorce Turuki, Zulfikar; Junus, Nirwan; Sarson, Mohamad Taufiq Zulfikar
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1891

Abstract

This research aims to analyze the impact of Covid-19 in triggering spousal conflict that leads to divorce. This research uses a normative-empirical legal research method (applied law research) which is basically a combination of normative legal approaches with the addition of various empirical elements. The results obtained from this research are that there are several impacts of Covid-19 which are factors in the occurrence of divorce between couples based on data from the Gorontalo City Statistics Agency, not a few divorce rates during the Covid-19 period, one of the biggest factors is economic factors that affect everyone in this world.
Factors Affecting the Issuance of a Letter of Absolute Liability Ramelan, Sukma Asmarandani; Kamba, Sri Nanang Meiske
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1934

Abstract

This article analyses the factors behind the government's issuance of a Certificate in Lieu of Birth Certificate and how this measure provides a solution for the legal documentation of children's births, especially in the Bone Bolango Regency. This research is an empirical legal research that is used as a method to study an applicable legal provision, as well as how the realization and reality of these provisions in people''s lives.There is a conflict with each other, so that between these regulations the legal principle can be applied in the form of the principle of lex superior derogat legi inferiori based on this legal principle that higher regulations take precedence over lower regulations in the hierarchy of laws and regulations. So in this case, if there is a conflict between the two regulations, then Law No. 1 of 1974 takes precedence, because in the hierarchical system of laws and regulations, the position of laws is higher than Ministerial regulations.It can be seen that this Letter of Absolute Liability-SPTJM is the basis for issuing birth certificates for children with the mother''s name without a father. Factors that influence the issuance of Letter of Absolute Liability-SPTJM on the issuance of birth certificates for children in siri marriages at the Population and Civil Registry Office of Bone Bolango Regency are (1) Witnesses of unregistered marriages, (2) Difficulties in administering Letter of Absolute Liability-SPTJM, and (3) Impact of Letter of Absolute Liability-SPTJM.
Legal Status of Execution of Liability Auction Winner through Parate Executie Hetharie, Yosia
Damhil Law Journal Volume 3 Issue 2 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v3i2.1939

Abstract

This study aims to analyses the execution of mortgage rights, namely executorial title, parate executie, and underhand execution. Parate executie is carried out by the holder of the first mortgage right if the debtor defaults through the State Property and Auction Service Office. The provisions and procedures for conducting an auction are regulated in the Regulation of the Minister of Finance Number 213/PMK.06/2020 Concerning Instructions for Conducting Auctions. However, in practice there are still many problems or conflicts and many obstacles that occur. For example, there is no legal certainty for auction winners who have good intentions because they cannot immediately obtain their rights legally and materially. The type of research used in this study is normative juridical research which is descriptive analytical using a qualitative approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials through library research. Based on the research results, the Auction Winner as a buyer in good faith has a position as the right holder of the auction object both formally and physically as a mortgage object. Therefore, the winner of the auction with good faith is entitled to all of his rights both in terms of formal juridical evidence and the physical object of the mortgage object. In this position, the State Wealth and Auction Service Office has the responsibility of examining all sales conditions and fulfilling all stages and appointing an auction official as the executor of the sale so that as long as the requirements and processes are carried out according to the instructions for conducting the auction.

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