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Journal : Damhil Law Journal

Determinant Factors for Delays in Settlement of Gono-Gini Asset Disputes Silvani Nur Rahmat Lukum; Nirwan Junus; Sri Nanang Meiske Kamba
Damhil Law Journal Volume 2 Issue 1 May 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (684.483 KB) | DOI: 10.56591/dlj.v1i1.1740

Abstract

This article discusses the highest factors that hinder the resolution of disputes over mixed assets. The determinant factors that impede the implementation of the religious court's decision on the resolution of disputes over arbitrary assets in the City of Gorontalo to those who apply for the separation of arbitrary assets are internal and external factors. Internal factors include obstacles; the lack of human resources for judges at court, as well as the knowledge of judges in resolving cases where the wife who is more dominantly working earns income while the husband does not work. In this case the judge uses the principle of justice by determining that the ex-wife gets ¾ of the share while the ex-husband gets ¼ of the share. External factors include: Partners between ex-husbands and ex-wives are not willing, do not accept, or do not agree with the results of the decision from the court. The approach used in writing this article is empirical juridical with a case study approach. Based on the data found in this article, the highest factor in the delay in resolving disputes over Gono-Gini assets is disagreement between ex-husbands and ex-wives over the decision of the Class IA Gorontalo Religious Court.
Default on Joint Responsibility Agreements by Debtors Windi Friliani Abdullah; Nirwan Junus; Sri Nanang Meiske Kamba
Damhil Law Journal Volume 3 Issue 1 May 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 research location is PNM Mekaar Office, East City Branch 2 Gorontalo City. The data obtained are primary and secondary. 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 under 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.Moreover, the type of joint responsibility 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. Moreover, 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 the 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. Moreover, 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.
Factors Affecting the Issuance of a Letter of Absolute Responsibility Sukma Asmarandani Ramelan; Sri Nanang Meiske Kamba
Damhil Law Journal Volume 3 Issue 2 November 2023
Publisher : Universitas Negeri Gorontalo

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

Abstract

The purpose of this research is to find out how the factors affecting the issuance of absolute responsibility letters for children's birth certificates in siri marriages. The research method used is Empris legal research. The research location is the Office of the Population and Civil Registration Office of Bone Bolango Regency. The data obtained are primary, secondary and tertiary data. The data collection techniques used by the author are observation, interview, and documentation. The results of the research on the Legality of the Letter of Absolute Responsibility for the Issuance of Child Birth Certificates in a Siri Marriage at the Population and Civil Registration Office are in accordance with the provisions of the applicable rules as stated in Article 22 and article 23 of law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law article 100 that the consequences of children born siri, only have a civil relationship with the mother and the mother's family. This means that the child does not have a legal relationship with the father. Even in the birth certificate, his status is considered as an extra-marital child, so that the name of the mother who gave birth to him is included. Absolute Accountability has been enforced by the government since the Minister of Home Affairs issued Minister of Home Affairs Regulation No. 9/2016 on Accelerating the Increase in Birth Certificate Ownership Coverage. This regulation was issued with the consideration that the ownership of birth certificates as a form of state recognition of children's identity is still low.