Pub Date : 2023-03-16DOI: 10.37680/almanhaj.v5i1.2398
Moh Wildan Hikmawan, Nur Adhim
Land registration is a process that should be carried out by every community who exercises control over their land, the government seeks various ways to create people who are aware of the importance of registering land under their control with the aim of obtaining legal certainty and legal protection, therefore the government carries out a land registration program complete systematic in Jepara district. This paper aims to explain the implementation of a complete systematic land registration program in Jepara Regency and the implementation of the principle of transparency in the implementation of the PTSL program in Jepara Regency. The research method uses a normative juridical approach that has descriptive characteristics. The results of this study are that the implementation of the PTSL program in Jepara Regency is carried out by the National Land Agency with participation in each village so that the PTSL program is carried out in that village, and also explains the steps in implementing the PTSL program, and solving problems in land disputes and errors in the publication land certificates registered by the community, and the creation of the principle of openness in the PTSL program in Jepara Regency.
{"title":"Implementasi Asas Keterbukaan dalam Pelaksanaan Program PTSL di Kabupaten Jepara","authors":"Moh Wildan Hikmawan, Nur Adhim","doi":"10.37680/almanhaj.v5i1.2398","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2398","url":null,"abstract":"Land registration is a process that should be carried out by every community who exercises control over their land, the government seeks various ways to create people who are aware of the importance of registering land under their control with the aim of obtaining legal certainty and legal protection, therefore the government carries out a land registration program complete systematic in Jepara district. This paper aims to explain the implementation of a complete systematic land registration program in Jepara Regency and the implementation of the principle of transparency in the implementation of the PTSL program in Jepara Regency. The research method uses a normative juridical approach that has descriptive characteristics. The results of this study are that the implementation of the PTSL program in Jepara Regency is carried out by the National Land Agency with participation in each village so that the PTSL program is carried out in that village, and also explains the steps in implementing the PTSL program, and solving problems in land disputes and errors in the publication land certificates registered by the community, and the creation of the principle of openness in the PTSL program in Jepara Regency.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82483729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.
{"title":"Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik","authors":"Althea Salza Nastiti, Madeleine Evania Darmawan, Deny Irawan, Nurmalita Fajar Arifah","doi":"10.37680/almanhaj.v5i1.2385","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2385","url":null,"abstract":"Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81851892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-10DOI: 10.37680/almanhaj.v5i1.2490
Fitri Suryaningsih, Amalia Hayati
This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.
{"title":"Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn)","authors":"Fitri Suryaningsih, Amalia Hayati","doi":"10.37680/almanhaj.v5i1.2490","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2490","url":null,"abstract":"This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80514470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-10DOI: 10.37680/almanhaj.v5i1.2390
Latifatul Khiyaroh
Artikel ini ditarik karena terindikasi tindak plagiasi
这篇文章是出于剽窃的迹象而撤回的
{"title":"RETRACTION: Implementasi Prinsip At-Tadarruj terhadap Modal Bank Konversi dari Bank Konvensional menjadi Bank Syariah (Studi Bank NTB Syariah)","authors":"Latifatul Khiyaroh","doi":"10.37680/almanhaj.v5i1.2390","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2390","url":null,"abstract":"Artikel ini ditarik karena terindikasi tindak plagiasi","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87358128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-06DOI: 10.37680/almanhaj.v5i1.2343
Rudijanto Gunawan, Helvis Helvis
The law says that doctors and dentists have the right to perform medical actions because their jobs are unique. A doctor who does not obtain consent for legal medical action and/or performs medical practices that are not in accordance with professional standards violates human rights and health. Violations of the right to health are also violations of human rights. The goal of this study is to examine the authority of the Indonesian Doctors Association (IDI), a professional organization that provides recommendations for the issuance of licenses to practice for doctors practicing in Indonesia, and how it, along with the Indonesian Medical Council (KKI), contributes to the maintenance and promotion of the professionalism and ethics of its members (the medical profession). The approach used in this study is a normative legal approach that focuses on the results of positive legal research. As for the results of this study, cooperation between the professional organization of the Indonesian Doctors Association (IDI) and the Central Government and Regency/City Regional Governments for medical practice licensing services and supervisory boards is needed to maintain the professionalism of IDI as the only professional doctor organization in Indonesia.
{"title":"Authority of the Indonesian Doctors Association (IDI) in Providing Recommendations for Medical Practice Permits","authors":"Rudijanto Gunawan, Helvis Helvis","doi":"10.37680/almanhaj.v5i1.2343","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2343","url":null,"abstract":"The law says that doctors and dentists have the right to perform medical actions because their jobs are unique. A doctor who does not obtain consent for legal medical action and/or performs medical practices that are not in accordance with professional standards violates human rights and health. Violations of the right to health are also violations of human rights. The goal of this study is to examine the authority of the Indonesian Doctors Association (IDI), a professional organization that provides recommendations for the issuance of licenses to practice for doctors practicing in Indonesia, and how it, along with the Indonesian Medical Council (KKI), contributes to the maintenance and promotion of the professionalism and ethics of its members (the medical profession). The approach used in this study is a normative legal approach that focuses on the results of positive legal research. As for the results of this study, cooperation between the professional organization of the Indonesian Doctors Association (IDI) and the Central Government and Regency/City Regional Governments for medical practice licensing services and supervisory boards is needed to maintain the professionalism of IDI as the only professional doctor organization in Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83664632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-06DOI: 10.37680/almanhaj.v5i1.2359
Hotma Banjarnahor, Helvis Helvis
Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.
{"title":"Mediation as an Alternative to Medical Dispute Settlement in Hospitals","authors":"Hotma Banjarnahor, Helvis Helvis","doi":"10.37680/almanhaj.v5i1.2359","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2359","url":null,"abstract":"Mediation is one way to try to solve a disagreement. In this process, both sides agree to bring in a neutral third party to act as a mediator.The purpose of this research is to examine the case of Deed of Peace No. 001/AP/III/2021, in which a lawsuit was filed against the doctor due to malpractice that resulted in the death of the patient. As for the method that researchers uses an empirical legal approach, and the type of legal study is a full analysis of primary, secondary, and tertiary legal materials. The research and talk about it have led to a scientific work that is complete, clear, detailed, and well organized. Empirical Legal Research is a legal research method that uses empirical facts derived from human behavior, including both verbal behavior obtained through interviews and direct observation of real behavior. Empirical research is also used to look at the results of people's actions by looking at physical remains and old records. The results of this study are the constraints on the implementation of malpractice settlements in Deed of Peace No. 001/AP/III/2020 that are internal and external. Obstacles from within (internal) in the form of a lack of commitment and intention on the parties' part to reconcile While the inhibiting factors from outside (external) are the inability of the mediator to reconcile, the existence of advocates who seek profit by choosing the court route, and the absence of a special institution that is domiciled as a legal institution in each hospital, such as hospital ethics and law committees.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86150129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-04DOI: 10.37680/almanhaj.v5i1.2355
Muhammad Royhan Munthe, Abdul Rahman Harahap
Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.
{"title":"Penyalahgunaan Akun pada Handphone Iphone Perspektif Ibnu Taimiyah (Studi pada Akun Jual Beli Online di Kota Medan)","authors":"Muhammad Royhan Munthe, Abdul Rahman Harahap","doi":"10.37680/almanhaj.v5i1.2355","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2355","url":null,"abstract":"Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84384023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-03DOI: 10.37680/almanhaj.v5i1.2273
Muhammada Bimo Fikri Hidayatullah, Fatimah Zahara
The perpetrators of predatory pricing by raw seafood traders at Pasar Pagi, Medan Helvetia District, are activities where traders sell products at prices below the cost of producing an item. With the first objective of predatory pricing is to get rid of opposing traders or competitors from the same market. However, after the trader succeeds in driving other business actors out of the market, then the trader raises the price again and maximizes the profits he gets. The purpose of this study was to determine the impact of predatory pricing on the morning market in Medan from the perspective of Muhammad Abu Zahrah. This study uses a qualitative approach to parse and explain the problem. This research is a field research (field research) with the type of normative-empirical research, in which the author conducts research based on applicable regulations with practices that are mostly carried out in society, where these practices are not in accordance with the applicable provisions as they should. The results of this study indicate that raw seafood traders as predatory pricing actors damage the price mechanism at the morning market in the Medan Helvetia sub-district which has been formed based on the sales environment in the market. The act of predatory pricing which is understood as being understood can provide an excuse for other traders which according to Muhammad Abu Zahra can cause something that causes damage or something that is prohibited. In this case, predatory pricing actors clearly provide an entry point for fraud against other seafood traders and this is not justified in Islamic law.
{"title":"Dampak Pelaksanaanpredatory Pricing oleh Pedagang Seafood Mentah Perspektif Teori Sadd Dzari’ah Muhamad Abu Zahrah (Studi Kasus Pasar Pagi Kecamatan Medan Helvetia Kota Medan)","authors":"Muhammada Bimo Fikri Hidayatullah, Fatimah Zahara","doi":"10.37680/almanhaj.v5i1.2273","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2273","url":null,"abstract":"The perpetrators of predatory pricing by raw seafood traders at Pasar Pagi, Medan Helvetia District, are activities where traders sell products at prices below the cost of producing an item. With the first objective of predatory pricing is to get rid of opposing traders or competitors from the same market. However, after the trader succeeds in driving other business actors out of the market, then the trader raises the price again and maximizes the profits he gets. The purpose of this study was to determine the impact of predatory pricing on the morning market in Medan from the perspective of Muhammad Abu Zahrah. This study uses a qualitative approach to parse and explain the problem. This research is a field research (field research) with the type of normative-empirical research, in which the author conducts research based on applicable regulations with practices that are mostly carried out in society, where these practices are not in accordance with the applicable provisions as they should. The results of this study indicate that raw seafood traders as predatory pricing actors damage the price mechanism at the morning market in the Medan Helvetia sub-district which has been formed based on the sales environment in the market. The act of predatory pricing which is understood as being understood can provide an excuse for other traders which according to Muhammad Abu Zahra can cause something that causes damage or something that is prohibited. In this case, predatory pricing actors clearly provide an entry point for fraud against other seafood traders and this is not justified in Islamic law.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83155382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-28DOI: 10.37680/almanhaj.v5i1.2363
Rizqi Suprayogi
This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.
{"title":"UNDERSTANDING ZINA LAW IN INDONESIA (After the Ratification of the Criminal Code Bill Becomes Law Number 1 of 2023 About the Criminal Code)","authors":"Rizqi Suprayogi","doi":"10.37680/almanhaj.v5i1.2363","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2363","url":null,"abstract":"This study aims to find weaknesses in law enforcement related to the problem of adultery in Indonesian laws as well as to provide solutions so that the law can be upheld. This research was made using library research research which in its implementation collected sources of books, laws and the internet. The results of this study indicate that adultery is a public crime that has an impact on the perpetrators, family and society. The act of adultery is contrary to socio-cultural customs and religion. The perpetrators of adultery must be punished according to statutory regulations according to Law Number 1 of 2023 concerning the Criminal Code. Even though there are still weaknesses in the law, customary law can play a role in encouraging the perpetrators of adultery to be entangled in the law. Through the customary wisdom of the community.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77294705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-23DOI: 10.37680/almanhaj.v5i1.2364
Marsheila Audrey Nuralisha, Siti Mahmudah
Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.
{"title":"Tinjauan Yuridis Tanggung Jawab Hukum dalam Perjanjian Kredit Perbankan Apabila Debitur Wanprestasi","authors":"Marsheila Audrey Nuralisha, Siti Mahmudah","doi":"10.37680/almanhaj.v5i1.2364","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2364","url":null,"abstract":"Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90023421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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