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All Journal Jurnal Dinamika Hukum Jurnal Hukum Adigama JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah
Imelda Martinelli
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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IKTIKAD BAIK DAN TANGGUNG JAWAB PARA PIHAK DALAM PERJANJIAN KREDIT PERBANKAN DI BANK PERKREDITAN RAKYAT ABC (STUDI KASUS PUTUSAN PENGADILAN TINGGI BANTEN NO. 32/PDT/2016/PT BTN) I Made Suri Pandhu; Imelda Martinelli
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12009

Abstract

One of the main banking functions is acting as an intermediary between a financially surplus party and a deficit party. Businessman uses banking loan facilities to fund their business. However, not all of business can grow as expected. On the event of  its debtor facing lose, bank will be impacted. Both parties must  overcome its bad debts problem pursuant to their loan agreement. This research uses normative methods to analyze Tangerang Court’s verdict No. 749/Pdt.G/2014/PN TNG which was concurred by Banten High Court through verdict No. 32/PDT/2016/PT BTN. The courts rule out  rural bank BPR (Bank Perkreditan Rakyat) ABC’s lawsuit against its debtor. Problem statement of this research is: how are good faith and responsibilities of both parties on banking loan agreement? It is found that Debtor experienced financial difficulties on their second loan. Debtor then requested loan restructuring. BPR ABC approved the request by  initiating addendum to loan agreement  to  extend  repayment period and to provide additional loan. However, only  3 months after  the restructuring, Debtor was unable  to fulfill his monthly installment as stated on loan agreement. Debtor was reluctant to discuss her loan problem. Therefore BPR ABC filed lawsuit. In the court, judges did not accept Debtor’s business downturn as valid reason for Debtor not to fulfill repayment schedule.  Writer concludes Debtor did not act in good faith and tried to avoid his responsibility. BPR ABC should improve its capability to asses  character and business prospect of its debtor.
AKIBAT HUKUM PENOLAKAN PERMOHONAN ITSBAT NIKAH OLEH PENGADILAN AGAMA TERHADAP PARA PIHAK YANG MELAKUKAN NIKAH SIRI (STUDI KASUS PUTUSAN NOMOR: 1478/Pdt.G/2016/PAJT) Hafidz Nugroho; Imelda Martinelli
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2737

Abstract

Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child,  for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ?  the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state,  and the status of a child to be children outside of mating. The government should supervise and socialize about the  siri marriage and Due to everything that can be inflicted
PERGESERAN NILAI HAK WARIS TERHADAP ANAK LUAR KAWIN DIAKUI (Studi Kasus Putusan Nomor 239/Pdt.G/2015/PN.JKT.PST) Vidya Pradipta; Imelda Martinelli
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2161

Abstract

Illegitimate children that has been acknowledged are recognized as heirs who do not belong to the heirs class and cannot stand on their own but rather, they attach themselves to other heirs class. According to article 863 of the civil code law, outsiders are admitted to inheritance along with first heirs class is entitled to inherit 1/3 of those who should have been granted if they were legitimate children. In this case study, outsiders are recognized to have equal share of the estate with their legitimate children, indicating a distinction between applicable legislation and the development of values living in the community. The problem in this paper is how the shift in the value of inheritance rights to illegitimate children that has been acknowledged. The research method used is normative law research method, which is analyzed deductively. The results of the writing illustrate that there is a shift in the value of inheritance rights to illegitimate children that has been acknowledged where an illegitimate child that has been acknowledged is now recognized ‘equal’ as a legitimate child supported by argumentum per analogiam which analogies adopted child and the illegitimate child that has been acknowledged in terms of inheritance, three general precepts by Radbruch that prioritizes justice by observing the principle of fair equality of opportunity as long as it provides benefits and no harm to others, the theory of the legal system which not only refers to the substance of the law, but also see the culture or legal culture.
ANALISIS HAK WARIS ANAK ANGKAT BERDASARKAN HUKUM KEWARISAN ISLAM (STUDI KASUS PUTUSAN KASASI MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 417 K/AG/2016) Sabrina Salmaa; Imelda Martinelli
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.9206

Abstract

Indonesia has 3 type of inheritance Law, namely Western Inheritance law, Customary Inheritance Law, and Islamic Inheritance Law. One of Islamic Inheritance Law regulation is about the heirs after the death of the testator and its regulated in Compilation of Islamic Law. Moreover, Compilation of Islamic Law also regulate the law for adopted child. The portion for adopted child have been stipulated in in article 209 paragraph (2) Compilation of Islamic law with 1/3 and should not be more. However, the verdict that used for this study material contained inconsistencies between Supreme Court in case number 417 K/Ag/2016 decision with Islamic Inheritance Law regulation. What are the inheritance rights for adopted children based on Islamic inheritance law? Author uses normative legal research methods and interview data as supporting data. The result of the study revealed that the Supreme Court judges use another theory called argumentum per analogiam which analogies the adopted child are equalized with biological child in this inheritance cases. Moreover, the supreme court also adheres to the principle of justice adopted by Rawls where this principle prioritizes the principle of the widest possible freedom and the principle of equality of opportunity. So that the adopted child gets ½ (half) of the inheritance. It is recommended that law enforcers pay more attention to the consequences caused by changes in the position of adopted children in inheritance law, such as paying attention to the consequences that will arise on the heirs of the heirs.
NAFKAH SUAMI TERHADAP ISTRI YANG PINDAH AGAMA DITINJAU MENURUT KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NOMOR 361 K/AG/2016) Zivra Dwi Tarrevia; Imelda Martinelli
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.9243

Abstract

One of the problems on supporting the livelihood of a apostate wife can be find in supreme court decision number 361 k/ag/2016 concerning a civil case between Dwi Andayani, wife of Suroto bin Abu Bakri. On its decision, Dwi Andayani has been divorced by the decision of the court for change of religion which makes Dwi Andayani unsatisfied with the decision. Ever since splitting up, Dwi Andayani's livelihood has not been paid for. This leads to a request for cassation by Dwi Andayani. The emerging question is how does a husband paid for the livelihood of an apostate wife? to answer the question the writer uses normative research method, with normative juridicial approach. The supreme court decision orders to only pay for mut'ah only. Wives shall also receive madhliyah payments which is credited by the husbands towards the wives during marriage. Thus, the government shall be clear on divorce by change of religion and which payments should be received by the wives. Religion based institution shall also give understanding about marriage to maintain the integrity of each marriages.
AKIBAT HUKUM PEMBATALAN PERKAWINAN KARENA WALI NIKAH YANG TIDAK BERHAK TERHADAP KEDUDUKAN ANAK DAN HARTA BERSAMA MENURUT HUKUM ISLAM Yulianti Maulidya; Imelda Martinelli
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2736

Abstract

Marriage is a physical and spiritual bond between man and woman who become husband and wife creating the happy and eternal family in the name of God Almighty. To conduct a marriage, the prospective groom and bride must meet marriage terms and conditions, or else the marriage itself may be cancelled. The cancellation of marriage is one way of breaking the  bond which requirements and principles are flawed. In the provisions of article 71 letter (e), the Islamic law compilation decrales that the marriage held without an authorized guardian will result on abolishment or be considered never exist. Neverthless, the cancelled marriage does not abolish the parental obligation of the children. The child remains legitimate and they are under their parents responsibility. Meanwhile, in the case of shared assets, in Islamic law, husband and wife can choose to use the method of Ash Sulh (negotiation),‘Urf (customary law), and the last option is Qadha (justice).
AKIBAT HAK ASUH ANAK DI BAWAH UMUR YANG DIASUH TERPISAH OLEH AYAH ATAU IBU PASCA PERCERAIAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TABANAN NOMOR: 169/PDT.G/2017/PN.TAB) Verronica Verronica; Imelda Martinelli
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Divorce ends the relationship between husband and wife, but does not apply to the relationshipbetween parents and children. Children have their rights, including for minors. Positive law hasregulated the rules in taking care of children after divorce with the stipulation as the holder of childcustody from the court. The rules have been clearly stated in various laws, there are also customarylaws that regulate people's lives in various regions so that this should be taken into consideration ifyou want to separate child custody. What are the consequences for the custody of minors who arecared for separately by the father or mother after the divorce? The author examines this problemusing normative legal research methods. The research data shows that the judge's decision to separatethe custody of minors had a bad impact on one of the children from the point of view of Balinesecustomary law, but not when viewed from the rules in positive law. This is because Balinese customarylaw adheres to the Patrilineal kinship system (following the father's lineage). Therefore, it is highlyexpected that child custody is fully given to the father who has good behavior so that their children donot experience confusion that makes it dif icult for them to obtain their rights for having their mother’saf ection. The judge's decision should involve the customary law that applies in the community as aconsideration in determining child custody rights so they will not suf er losses to the rights they have.
Absensi Prinsip Keadilan dalam Permasalahan Penyelesaian Sengketa Investasi Melalui Arbitrase Joseph Hugo Vieri Iusteli Sola Kira*; Adian Adopan Alsotira; Imelda Martinelli
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 8, No 3 (2023): Juni, socio-economics, community law, cultural history and social issues
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v8i3.25323

Abstract

Tujuan dari penelitian ini adalah menganalisis hambatan hukum dalam penyelesaian sengketa investasi melalui arbitrase, serta mengetahui peran prinsip keadilan dalam penyelesaian sengketa investasi melalui arbitrase. Metode penelitian yang digunakan dalam penulisan adalah metode hukum normatif. Penelitian hukum normatif dilakukan dengan cara studi pustaka terhadap bahan hukum primer, seperti  peraturan perundang-undangan dan bahan hukum sekunder, seperti buku teks dan jurnal hukum yang berkaitan dengan tema yang ditulis penulis. Arbitrase merupakan alternatif dalam menyelesaikan perselisihan investasi, dimana pihak-pihak yang terlibat sepakat untuk menyelesaikan sengketa di luar pengadilan negara. Dalam konteks ini, artikel tersebut menggarisbawahi perlunya perbaikan regulasi dan praktik arbitrase guna memastikan pengakuan dan penegakan prinsip keadilan dengan baik. Upaya seperti peningkatan transparansi dalam proses arbitrase, jaminan independensi dan netralitas arbitrator, serta memberikan akses yang adil bagi semua pihak yang terlibat dapat membantu meningkatkan kepercayaan dan legitimasi penyelesaian sengketa investasi melalui arbitrase.
Analysis Of The Formulation Of Criminal Provisions In Law Number 12 Of 2012 Concerning Higher Education Ade Adhari; Imelda Martinelli; Indah Siti Amelia; Leony Sondang
Jurnal Dinamika Hukum Vol 23, No 2 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.2.3654

Abstract

The criminal determination legislation policy in Law no. 12 of 2012 concerning Higher Education is a part of the stages of crime prevention in the field of higher education which is expected to be able to provide clear directions for law enforcement officials at the application and execution stages of a crime by providing complete sentencing rules. However, it turns out that the criminal provisions in the law are only an incomplete or partial set of tools in the context of tackling criminal acts in the field of higher education. This can be seen from the many juridical problems in the law, including the absence of juridical qualifications, corporate criminal responsibility issues and so on. For this reason, in the future it is necessary to update the existing criminal provisions formulation policy in the Higher Education Law.Keywords: Criminal Law Policy; Formulation; Juridical Issues
Co-Authors Ade Adhari Adian Adopan Alsotira Hafidz Nugroho I Made Suri Pandhu Indah Siti Amelia Joseph Hugo Vieri Iusteli Sola Kira* Leony Sondang Sabrina Salmaa Verronica Verronica Vidya Pradipta Yulianti Maulidya Zivra Dwi Tarrevia