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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 45 Documents
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Non-Litigation Resolution of Business Use Rights Disputes Between PT. Lebuni and Shareholders Razak, Ferli; Dungga, Weny Almoravid; Mandjo, Julius T.
Damhil Law Journal Volume 2 Issue 2 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.005 KB) | DOI: 10.56591/dlj.v2i2.1750

Abstract

The purpose of this research is to find out the non-litigation settlement of the business use right dispute between PT Lebuni and the shareholders. The method used in this research is empris research method which is used as a method to examine a legal provision that applies, as well as how the realization and reality of these provisions in community life. The results of this research are The arable land dispute occurred between the Bukit Tinggi Village community and PT Lebuni Plantation. This dispute was triggered by an agreement between the directors of PT Lebuni and the community, in which of the 250 hectares of land registered in the Cultivation Rights Title, 150 hectares were given to farmers to work on, while 100 hectares were controlled directly by the company for industrialization purposes. The dispute arose when the Director of PT Lebuni decided to take control of the land cultivated by the farmers, which was their source of livelihood. This decision was taken to meet the needs of the company, but it has the potential to harm the farming community in Bukit Tinggi Village, because it ignores the distribution of land according to plantation use rights.
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.
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.
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.
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.
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.
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.
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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