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MOH. LU'AY KHOIRONI
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ADHAPER
Published by Asosiasi Dosen Hukum Acara Perdata
ISSN : 24429090     EISSN : 25799509     DOI : https://doi.org/10.36913/adhaper
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
ADHAPER: Jurnal Hukum Acara Perdata focuses on publishing scientific articles based on research, conceptual studies, and critical analyses in the field of law, particularly Civil Procedure Law and Dispute Resolution. This journal aims to support the development of legal science and contribute to solving current legal issues in society, both in local, national, and international contexts, including: 1. Civil Procedure Law 2. Civil Procedure Law Development 3. Normative and Empirical Studies of Civil Procedure Law 4. Principles of Civil Procedure Law 5. Alternative Dispute Resolution 6. Court Decision (Civil Disputes) 7. Comparative Civil Procedure Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 11 No. 01 (2025): Juni" : 5 Documents clear
ANALYSIS OF LAW NUMBER 56 PRP 1960 ON THE PLEDGING OF ANCESTRAL LAND IN NAGARI KOTO GADANG SOLOK REGENCY: ANALISIS UNDANG-UNDANG NOMOR 56 PRP 1960 TERHADAP PAGANG GADAI TANAH PUSAKO KAUM DI NAGARI KOTO GADANG KABUPATEN SOLOK Surya, Febri Yuranda
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 01 (2025): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i01.3

Abstract

Article 7 of Law No. 56 PRP of 1960 regulates the term of agricultural land mortgages, which is 7 years. After this period, the mortgage holder is obliged to return the land to its owner without paying a ransom. However, in practice, the Minangkabau indigenous community still widely practices land mortgages with varying terms and conditions. Court decisions in cases of disputes over communal land mortgages also implement different provisions. Some implement the provisions of Article 7 of Law No. 56 PRP of 1960, while others apply the provisions of Minangkabau customary law. This can be evidenced by the issuance of Supreme Court Decision Number: 1540K/Pdt/2005 dated June 19, 2006, which accommodates the provisions of Article 7 of Law No. 56/Prp/1960 concerning agricultural land mortgages without redemption money, and the Solok District Court Decision on case number: 05/Pdt.G/2003/PN.SLK dated April 20, 2004, which decided the case based on Article 7 of Law No. 56 Prp of 1960. The practice of pawnbroking that is not in accordance with Law No. 56 Prp of 1960 Article 7 has caused confusion among the people of West Sumatra. This has resulted in the people of Nagari Koto Gadang, Gunung Talang District, having different views on Law No. 56 Prp 1960 Article 7 on the Implementation of Pawnbroking. The research method used in this study is empirical juridical.
EVALUATION OF THE PRUDENTIAL PRINCIPALE IN CREDIT DISBURSEMEN IN SUMENEP REGENCY: EVALUASI PRINSIP PRUDENSIAL DALAM PENYALURAN KREDIT DI KABUPATEN SUMENEP Ainun Nazidah, Febrianti Putri; Feny Fathuri Yan Putri
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 01 (2025): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i01.38

Abstract

This study analyzes the implementation of the prudential principle in banking, as mandated by Article 8 of Law Number 10 of 1998 in conjunction with Article 2 of Law Number 7 of 1992, in the context of credit disbursement in Sumenep Regency. The prudential principle serves as a key foundation for maintaining financial stability and mitigating credit risk. The research focuses on three banks operating in the region Bank Syariah Indonesia (BSI) KCP Sumenep, Bank Jatim KCU Sumenep, and Bank BPRS Bhakti Sumekar and seeks to evaluate how the principle is operationalized, while identifying key barriers and institutional responses. A qualitative method is adopted, using in-depth interviews and observational techniques to gather relevant data. Findings show that each bank has consistently applied the 5C and 3R principles and utilizes the Financial Information Service System (SLIK) from OJK to assess borrower risk. Despite this, several systemic challenges persist. These include inadequate legal enforcement mechanisms against defaulting debtors, limited public financial literacy, and internal organizational pressure related to credit targets. While infrastructural support appears sufficient, the overall impact of the prudential principle on reducing non-performing loan rates remains suboptimal. The study argues for regulatory reforms that embed prudential requirements more firmly within statutory law, rather than leaving them to soft regulations. Additionally, strengthening institutional capacity and enhancing the ethical competence of banking personnel are considered vital steps to reinforce effective credit governance.
THE EFFECTIVENESS OF MEDIATION IN RESOLVING LAND DISPUTES IN INDONESIA AND MALAYSIA: EFEKTIVITAS MEDIASI DALAM PENYELESAIAN SENGKETA PERTANAHAN DI INDONESIA DAN MALAYSIA VERI SURYA WIJAYA, YOGA
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 01 (2025): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i01.40

Abstract

This study analyzes the effectiveness of mediation in resolving land disputes in Indonesia and Malaysia through a comparative approach. The scope of the study encompasses: (1) the mechanisms and legal basis of land dispute mediation in Indonesia; (2) the mechanisms and legal basis in Malaysia; and (3) the similarities, differences, and determinants of mediation success in both countries. Employing a normative-juridical method supported by secondary empirical data including institutional reports, case records, and official publications the analysis examines mediation stages, mediator roles, dispute scope, and the binding force of agreements. The findings indicate that mediation effectiveness is significantly influenced by institutional design, mediator competence, transparency of land data, certainty of rights status, and party compliance. Furthermore, this study presents a tabulation of success and failure rates over the past five years to observe resolution trends. Comparative findings confirm that procedural harmonization, enhanced mediation quality, and strengthened enforcement of agreements are pivotal for achieving expeditious, cost-effective, and equitable dispute resolution. This research serves as a strategic reference for policymakers and practitioners in strengthening mediation as an alternative dispute resolution mechanism in the region.
SIMPLE, FAST, AND LOW-COST PRINCIPLES IN ELECTRONIC HEARINGS CIVIL CASES IN THE PENGADILAN NEGERI KELAS 1A PADANG: ASAS SEDERHANA, CEPAT, DAN BIAYA RINGAN PADA SIDANG ELEKTRONIK PERKARA PERDATA DI PENGADILAN NEGERI KELAS 1A PADANG Velia, Vella Aqilla
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 01 (2025): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i01.48

Abstract

The judicial system in Indonesia applies the principles of simplicity, speed, and low cost as stipulated in Law No. 48 of 2009 on Judicial Authority. To realize simple, fast, and low-cost justice, reforms are needed to overcome obstacles and barriers in the administration of justice. Therefore, in 2019, the Supreme Court issued Supreme Court Regulation Number 1 of 2019 concerning Electronic Case Administration and Court Proceedings. The problems addressed in this study are how the principles of simplicity, speed, and low cost are applied in electronic hearings in civil cases at the Padang Class 1A District Court, the obstacles encountered in applying the principles of simplicity, speed, and low cost in electronic hearings in civil cases at the Padang Class 1A District Court, and how to solve them. This research is a type of empirical juridical research, namely research whose primary data is obtained through direct field research through interviews with respondents, namely judges, court clerks, and advocates. Then, a review of legal materials was conducted to obtain secondary data. Based on the results of the research, it can be concluded that the application of the principles of simplicity, speed, and low cost in electronic hearings (PERMA No. 1 of 2019) for civil cases at the Padang Class 1A District Court has been implemented well in accordance with the regulations issued by the Supreme Court (MA). The case registration and trial processes are conducted through e-Court, eliminating the need to visit the court. This saves money and time, as well as energy. The obstacles encountered are a lack of understanding of how to use e-Court, technological illiteracy, and unstable internet connections.
ALTERNATIF PENYELESAIAN SENGKETA UNTUK MENJAMIN KEADILAN PELAYANAN RUMAH SAKIT PASIEN PESERTA BPJS KESEHATAN: ALTERNATIVE DISPUTE RESOLUTION TO ENSURE FAIRNESS IN HOSPITAL SERVICES FOR BPJS HEALTH PARTICIPANTS Sigiro, Grace Tasya
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 01 (2025): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i01.49

Abstract

Health is a fundamental right constitutionally guaranteed under the 1945 Constitution of the Republic of Indonesia. In fulfilling this obligation, the government established the National Social Security System through Law No. 40 of 2004 and the Social Security Administration Agency (BPJS) through Law No. 24 of 2011. BPJS Health is mandated to administer the National Health Insurance Program (JKN) to ensure equitable and comprehensive health protection for all citizens. However, in practice, BPJS Health participants continue to encounter various challenges in hospital-based health services, including discriminatory treatment, unequal access, disparities in service quality, and constraints related to financing and administrative procedures. This study aims to examine the extent to which the principle of fairness is fulfilled within the regulatory framework governing hospital health services for BPJS Health participants. Employing a normative legal research method, the study utilizes legislative, conceptual, and analytical approaches and is analyzed descriptively and qualitatively. The findings indicate that efforts to uphold the principle of fairness have been incorporated into regulations addressing service accessibility, quality standards, transparency, and monitoring and evaluation mechanisms. Nevertheless, the principle of fairness has not been fully realized, particularly with regard to distributive and procedural justice, as evidenced by persistent disparities in service delivery. These findings suggest the need for strengthened regulatory enforcement and systemic reforms to ensure equitable health services for all BPJS Health participants.

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