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Shinta Andriyani
Fakultas Hukum Universitas Mataram
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Journal : Jurnal Private Law Universitas Mataram

 1 
PERTANGGUNGJAWABAN PPAT YANG MELAKUKAN PEMALSUAN TANDA TANGAN AKTA JUAL BELI (Studi Kasus Putusan Nomor 412/PDT/2018/PT DKI) Khanza Inas Az-Zahra Fikry; Shinta Andriyani
Private Law Vol. 1 No. 2 (2021): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This study aims to determine the validity of the sale and purchase deed that has juridical defects,the legal sanctions against PPAT for falsifying the sale and purchase deed signed,the basis and consideration of the judge in adjudicating the case in decision Number 412/PDT/2018/PT DKI.Type of research is normative legal research using a statute approach, a case approach, and a conceptual approach. The results of the research, the sale and purchase deed he made was null and void, the legal sanctions given were paying material losses and paying court fees, the basis and consideration of the judge were false evidence, Law Number 1 of 1974,and the Civil Code.
Implementasi Perjanjian Jual Beli Padi Dengan Sistem Ijon: (Studi Kasus Desa Darek Kecamatan Praya Barat Daya Kabupaten Lombok Tengah) Nurul Latifa; Shinta Andriyani
Private Law Vol. 2 No. 1 (2022): Private Law
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research has the purpose to find out clearly how the implementation of the rice purchase agreement with Ijon System in Darek Village, West Praya district, Center Lombok Regency and How the ijon buy and sell systems based on the Indonesian Civil Code and Islamic law. This research has been doing by implemented the normative-empirical legal research method that using a statute approach, a conceptual approach, and a sociological approach. Based on the research problem and the purpose of the study namely the deep analysis of how the implementation of the ijon buy and sell rice system from the beginning of implementation until the end of the ijon buy and sell rice system. Because of this, the researcher found out the validity of the Ijon buy and sell rice system based on Indonesia Civil Code and Islamic Law
Pelaksanaan Kontrak Konstruksi Antara Dinas Pekerjaan Umum Dan Penataan Ruang (Pupr) Provinsi Nusa Tenggara Barat Dan Pt. Bunga Raya Lestari Dalam Pembangunan/Rehabilitasi Jalan Dan Jembatan Wilayah Sumbawa I Delviana Aurellia Rieswandhani; Shinta Andriyani
Private Law Vol. 2 No. 1 (2022): Private Law
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to find out the implementation and the obstacles that occur in the implementation of construction contracts between the Office of Public Works and Housing of West Nusa Tenggara Province and PT. Bunga Raya Lestari in the construction/rehabilitation of roads and bridges in region Sumbawa I. This is an empirical legal research by observing field data as the main source of research. Construction services activities require a form of written engagement between service providers and users of construction services called construction work contracts. A construction work contract is an important document that contains provisions that affect the rights and obligations for service users and service providers that are made in detail and must be look at all aspects, especially the legal aspects. Construction contract made between the Office of Public Works and Housing (PUPR) of West Nusa Tenggara Province and PT. Bunga Raya Lestari to carry out the construction/rehabilitation of roads and bridges in the region Sumbawa I, made legally and applicable as a law for those who make it. The contract phase is divided into three, namely the pre-contract, the contract and the post-contract. This road and bridge construction/rehabilitation activity is also inseparable from the obstacles that occur, such as non-technical obstacles and technical obstacles.
Tinjauan Yuridis Penarikan Kendaraan Bermotor Akibat Dari Kredit Macet: Studi Kasus Adira Finance Cabang Mataram Novi Zanta Putri Dalla; Shinta Andriyani
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (472.747 KB) | DOI: 10.29303/prlw.v2i2.1165

Abstract

The purpose of this study is to find out the dispute resolution for bad credit in the finance company that implemented in Adira Finance, and find out the procedure the Motor Vehicle Withdrawals based on the agreement between consumers and finance company. This research uses normative and empirical legal research methods, which use the statute approach, the conceptual approach, and the sociological approach. Based on the result of this study, the researcher has concluded that the fiduciary registration is regulated in Article 11 until the Article 18 Act Number 42 of 1999 concerning the Fiducia Guarantee. Based on Article 11 Act of Fiduciary, the fiduciary object should be registered. The registration of the Judiciary Guarantee has been registered by a creditor, the party by power of attorney, or the other parties. Furthermore, the Adira Finance dispute resolution has implemented a warning letter to the debtor either formally or non-formally. A written warning is formally called a summons.
Analisis Hukum Keabsahan Sertifikat Hak Atas Tanah Yang Terbit Tanpa Akta Pejabat Yang Berwenang: (Studi Kasus Putusan Hakim Pengadilan Negeri Raba Bima Nomor : 13/Pdt.G/2020/PN.RBi) Azizah Dyan Lestari; Shinta Andriyani
Private Law Vol. 2 No. 3 (2022): Private Law
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v2i3.1570

Abstract

The purpose of this research was, first, to determine and understand the validity of land rights certificates issued without a certificate of land deed official (Pejabat Pembuat Akta Tanah or PPAT); second, to learn and understand the judge's considerations on land rights certificates without a land deed official in verdict of the Raba Bima District Court Number 13/PDT.G/2020/PN.RBI, how the law decides right or wrong, with a statutory approach, conceptual approach, and case approach. Data was collected by using sources of primary, secondary and tertiary legal materials. The technique of obtaining legal materials was conducting a literature study by examining various legal materials related to the subject matter. Furthermore, legal material was conducted using a card system, either with a summary card; quote card; and review cards. The data was compiled in a qualitative descriptive matter, problem solving procedures studied by describing the data obtained both primary and secondary data. Based on this research, according to law, Certificates issuedas an evidence of land rights without an authority of PPAT, are legal. And the judge's opinion in case number 13/Pdt.G/2020/PN.Rbi was invalid, illegitimate and not legally binding, it also cannot be justified by the law because the issuance of land rights certificates is not only proven by the existence of the notarial deed of sale which issued before PPAT, but can also use other evidence which is the Head of National Land Agency (Badan Pertanahan Nasional or BPN). It has the level of validity that is considered sufficient to register the transfer of land rights.
Analisis Yuridis Wanprestasi Dalam Perjanjian Pinjam Meminjam Uang : (Studi Putusan Nomor 10/Pdt.G.S/2019/PN.Smr) Rani Lestari; Shinta Andriyani
Private Law Vol. 3 No. 1 (2023): Private Law
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i1.2203

Abstract

This research has the purpose to find out the default contract regulation in the loan agreement based on Indonesia's positive law, and find out the judge’s legal consideration when given the decision in the case court Number 10/PDT.G.S/2019/PN.SMR. The research method of this research is normative legal research which uses the conceptual approach, the statute approach, and the case approach, this research uses qualitative analysis. The result of this study showed that the default in contract regulation especially in the loan agreement has regulated in Article 1313 Indonesia Civil Code about the contract, Article 1754 Indonesia Civil Code about loan agreement, and especially Article 1265 Indonesia Civil Code about null and void the agreement. Furthermore, the judge’s legal consideration when deciding the case in the court decision Number 10/PDT.G.S/2019/PN.SMR stated the defendant has default in contract based on the claim in the court, and the evidence in the court process such as a statement letter on July 26, 2019. This is a new deal or agreement between the plaintiff with the defendant which exists as the principle of consensually vide (Article 1320 Indonesia Civil Code), this agreement is like legislation for the parties (article 1338 Indonesia civil Code). This is a type of novation/ restructuring that regulated in Article 1413 paragraph 1 Indonesia Civil Code. Because of this, the agreement on this case is the letter of statement on 26 July 2019.
Co-Authors Any Suryani Arba - Arba, H.M. Arief Rahman Arief Rahman Arief Rahman Arief Rahman Azizah Dyan Lestari Delviana Aurellia Rieswandhani Diman Ade Mulada Diman Ade Mulada Khanza Inas Az-Zahra Fikry Muhammad Arba Novi Zanta Putri Dalla Nurul Latifa Rani Lestari Sahnan Sahnan Wiwiek Wahyuningsih Zaeni Asyhadie