Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
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<![CDATA[Akibat Hukum Tidak Terlaksananya Hak Asuh Anak Pasca Perceraian Orang Tua Di Pengadilan Agama Gorontalo ]]>
<![CDATA[Muhamad Nur Rifaldi Rachman]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.884
<![CDATA[This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court]]>
<![CDATA[Tinjauan Yuridis Dampak Kemitraan Transportasi Online Di Bandar Lampung ]]>
<![CDATA[Angga Alfian]]>;
<![CDATA[Akbar Ramadhan Gumas]]>;
<![CDATA[Nadya Shahnaz Gabriella]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.885
<![CDATA[This research was created to discuss the juridical review of the impact of the proliferation of online transportation partners. Indonesia has experienced an industrial revolution, based on the Big Indonesian Dictionary (KBBI), Industrial Revolution is divided into two words, namely Revolution and Industry. Revolution is change that occurs very quickly, while industry is an effort to carry out production. So in conclusion, the Industrial Revolution is an event that happened very quickly in carrying out production activities which were carried out using technological tools and something produced had added value. The proliferation of online transportation partners is an example of the results of the industrial revolution. There are five important variables to consider when evaluating an ecommerce website: interface, navigation, content, reliability, and technical. An interface is a type of application that connects users and facilitates financial and business transactions for the general public. The user interface provides ease of use for its users. One user interface that is currently popular in Indonesia is Go-Jek, an e-commerce application that makes it easier for users to purchase goods or services, whether transported or not. This research will discuss the impact of Go-Jek according to judicial review.]]>
<![CDATA[Tanggung Jawab Debt Collector Dalam Hal Penyitaan Kendaraan Nasabah Kredit Macet ]]>
<![CDATA[Alfata Fawwazi Muhammad]]>;
<![CDATA[I Made Sarjana]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.888
<![CDATA[The purpose of this study is to find out how the responsibility of a Debt Collector who is confiscating a bad credit vehicle is due to default from the debtor. The Debt Collector who carries out his duties cannot just arbitrarily withdraw the existing vehicle because it must comply with the applicable laws and regulations. Both creditors and debtors have fair legal protection. The debtor who makes a credit must also have the competence so that the credit is paid smoothly. If an act of default occurs, it can be prosecuted through civil law or if there is embezzlement of the motor vehicle used by the debtor, it can be prosecuted through criminal means. This article uses a normative research method whose approach is based on an approach to the legislation in force in Indonesia. Where in this normative research provides a view of how the Debt Collector should work according to the current law. Between the creditor and the debtor, there must be synchronization in carrying out their obligations so that there are no problems that lead to the withdrawal of the vehicle being used by the debtor. The fiduciary law that becomes the guarantor must be better understood by debtors who will make vehicle loans to better avoid the occurrence of the default act itself. Looking at the existing conditions, it is possible that many people who enter into credit agreements do not understand the importance of a law or law that applies in Indonesia. It is possible that if many people understand the law, the Leasing party no longer needs to use the services of a Debt Collector.]]>
<![CDATA[Menilik Kedudukan Hukum Waris Adat dalam Perspektif Hierarki Peraturan Perundang-undangan di Indonesia ]]>
<![CDATA[Ardicha Caterine]]>;
<![CDATA[Irbah Dhiaulhaq Salsabila]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.889
<![CDATA[Inheritance is part of civil law which is a vital part of family law. Inheritance conflicts still often occur in society. Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life. The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens. The kinship system has a major influence on inheritance from customary inheritance law. The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship. The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules. The research uses normative juridical methods which are carried out using three research materials. Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias. Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2). Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force. Indonesia itself does not yet have a national inheritance law. Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.]]>
<![CDATA[Analisis Putusan Majelis Hakim Pengadilan Negeri Balige terhadap Penerapan Hukum Waris Adat Batak dalam Pembagian Hak Waris ]]>
<![CDATA[Guntur Rapi Sanjaya]]>;
<![CDATA[Bima Adi Putranto]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.893
<![CDATA[Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.]]>
<![CDATA[Penerapan Asas Lex Fravo Reo Dalam Sistem Peradilan Pidana Di Indonesia ]]>
<![CDATA[Muhamad Wahyu Andi Zulkipli]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.895
<![CDATA[This study discusses problems related to the application of the lex fravo reo principle in the criminal justice system in Indonesia which focuses on premeditated detention cases committed by former Kadif Propam Polri. Ferdy Sambo, S.H., S.I.K., M.H against his own aide Brigadier Nofriansyah Yosua at the National Police Service house. This study aims to find out why the principle of lex fravo reo is needed in the criminal justice system in Indonesia and how the principle of lex fravo reo differs in the old Criminal Code and in the new Criminal Code. In this study the author used a normative juridical approach. The results in this study show that the application of the lex favor reo principle is very important in the legal system and criminal justice system in Indonesia because it strives for justice to be given equally to defendants where if there is a change in the substance of the criminal law Then the provisions in favor of the defendant apply. The principle of lex favor reo in the old Criminal Code is actually as affirmed in Article 1 paragraph (2) of the old Criminal Code, which emphasizes that if there is a change in the substance of the criminal law, then what is applied is the rule that is most beneficial to the accused. Furthermore, in the new Criminal Code, the principle of lex favor reo is also formulated in Article 3 juncto Article 618 of the new Criminal Code, which in essence is not much different from the formulation of Article 1 paragraph (2) of the old Criminal Code.]]>
<![CDATA[Keputusan Hakim Dalam Pemberian Dispensasi Nikah Di Pengadilan Agama Kota Pati ]]>
<![CDATA[Syahrul Rizqi Ramadhan]]>;
<![CDATA[Dania Maulinda]]>;
<![CDATA[Tarisa Dinar Alifia]]>;
<![CDATA[M. Bondhi Alby Maulana]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.899
<![CDATA[Applications for dispensation have increased in recent years in various cities. This happened because of changes to Law no. 1 of 1974 which is considered too low and cause many problems in marriage. Therefore, in 2019 there were changes to the Marriage Law, namely Law no. 16 2019 aims to be an effort to mature in age marriage for women from 16 years to 19 years. One of them is the marriage dispensation at the religious court in Pati City. Applications for marriage dispensations in the city of Pati have increased very drastically. The type of research used by the author is normative law. By using a legal approach and norms that apply in society. The results of research conducted by the author on requests for marriage dispensation. There are factors causing the ineffectiveness of these regulations in the Pati Religious Court, namely the lack of socialization to the community, public awareness, there is still an increase in cases of requests marriage dispensation. Factors that encourage the increase in application cases Marriage dispensations include factors such as social media, environment, pregnancy outside.]]>
<![CDATA[Kontribusi Konvensi ILO No.100 terhadap Hubungan Industrial di Indonesia ]]>
<![CDATA[Jim Hidayah Wahid]]>;
<![CDATA[Eka Saputra]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.901
<![CDATA[Industrial Relations is a system of relationships that exists between actors in the process of producing goods and/or services, including entrepreneurs, workers/laborers, and the government. This system is based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. In relation to industrial relations issues in Indonesia, the ILO Convention plays a very important role in creating harmonious, dynamic and fair industrial relations. The ILO Declaration on fundamental principles and employment rights is a manifestation of the sincere commitment of the ILO and its member countries to respect, enhance and implement the principles and fundamental rights contained in the eight ILO Core Conventions. These rights include freedom of association for employers and workers as well as the right to collective bargaining. Indonesia has ratified all eight ILO Core Conventions and is committed to realizing these standards in its laws and practices. With this aim, Indonesia hopes to maintain conducive industrial relations in Indonesia.]]>
<![CDATA[Pelaksanaan Yurisprudensi Hukum Waris Adat Masyarakat di Indonesia ]]>
<![CDATA[Mozarto Omar Vivaldi Hermanto]]>;
<![CDATA[Achmad Farhan Aly]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.903
<![CDATA[Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.]]>
<![CDATA[Tinjauan Yuridis Pengawasan Perbankan Dan Perlindungan Nasabah Oleh Otoritas Jasa Keuangan (OJK) ]]>
<![CDATA[Daffa Ramadhan]]>;
<![CDATA[Anisha Nabila Firky]]>;
<![CDATA[Jihan Khoirunnisa]]>;
<![CDATA[Asqia Zahra Kalina]]>;
<![CDATA[Ester Febrianti Sembiring]]>;
<![CDATA[Qristiana Qristiana]]>;
<![CDATA[Sri Juwita Putri]]>;
<![CDATA[Farahdinny Siswajanthy]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 1 (2024): Maret : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i1.904
<![CDATA[The function of a bank is as a financial intermediary institution, namely as a bridge between fund owners and parties who need funds, both as depositors and borrowers. Bank-customer relationships often involve banking practices that have a negative impact on customers, but legal protection is often less than optimal. Because if you look at the relationship between banks and customers, banks have enormous control over banking transactions, and in some cases they control banking transactions. So that sometimes it is detrimental to customers. Based on the above facts, Law Number 21 of 2011 concerning the Financial Services Authority (UU OJK) has been promulgated. As a bank supervisory institution and as an institution that protects customer interests.]]>
