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All Journal Private Law
H. Zaenal Arifin Dilaga
Fakultas Hukum Universitas Mataram
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Wanprestasi Dalam Perjanjian Kerja Sama dan Penunjukkan Pekerjaan Rumah Tahan Gempa: (Analisis Putusan Pengadilan Negeri Mataram Nomor 194/Pdt.G/2020/PN Mtr) Ghennia Dzinur Arninda; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 1 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.26 KB)

Abstract

The purpose of this study is to find out the basis of the judge's consideration in deciding the case of default in the cooperation agreement and job appointment of the earthquake-resistant house and its legal consequences as stated in the Mataram District Court Decision No. 194 / Pdt.G / 2020 / PN Mtr. This is a normative legal research. This research finds out that the judge's consideration in deciding the case of default as stated in the Mataram District Court Decision No. 194 / Pdt.G / 2020 / PN Mtr is based on the legal expert opinion regarding the default, the propositions and arguments of the lawsuit and also the evidence from the plaintiff. As for the legal consequence of the breach of such agreements results in the Defendant pays the losses suffered by the plaintiff and the costs of the case.
Perlindungan Hukum Bagi Pemberi Gadai Dalam Transaksi Lelang Emas Objek Gadai: (Studi di PT. Pegadaian UPC Midang) Annisa Balqist; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 3 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v2i3.1533

Abstract

This study aimed to determine the procedure for implementing the gold auction transaction for the object of pawn and legal protection for the pawnbroker in the gold auction transaction for the object of the pawn at PT. UPC Midang Pawnshop. This study of this research used normative-empirical legal study methods with a statutory approach, a conceptual, and a sociological. Based on the research results, the procedure for implementing the gold auction transaction for pawned objects at PT. UPC Midang Pawnshop went through three stages, namely: Pre-auction procedures, Auction implementation procedures, and Post-auction procedures. The legal protection for the pawnbroker in the gold auction transaction for the object of the pawn was based on the Civil Code, The Consumer Protection Act, Moreover, the legal protection provided by PT. UPC Midang Pegadaian.
Akibat Hukum Wanprestasi Dalam Perjanjian Sewa Menyewa Lahan Antara Pemilik Dengan Pihak Bumdes Di Kawasan Wisata Senggigi Tanjung Bias M. Yazid Fathoni; Sahruddin Sahruddin; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 3 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v2i3.1631

Abstract

The utilization of the coastal border area for business in Senteluk Village Batulayar District usually make a conflict, especially between the businessman and the people who claim to be land owners, in a lease agreement legal relationship. Based on this case, the study's purpose is to find out the status of the land or lease agreement object in the coastal border area. The research method in this research is normative-legal research. The result of this study showed that first, land or lease agreement objects in Tanjung Bias could be analyzed based on two perspectives. In the first perspective, If we analyze the legislation, the land is a coastal border, it is meant that the area should be possessed and managed by the state. In the second perspective, the coastal border is the private land owner and not the state owner because the owner has a certificate or authentic evidence to prove her land. The court decision showed that the land or lease agreement object at the coastline border area is the owner of the plaintiff or individual rights. If the party default so the lessee or the landowner has the right to null and void the lease agreement or they could make another legal action based on the legislation
Pelaksanaan Perjanjian Antara PT. Garda Lintas Sarana Dengan Pengguna Jasa: (Studi di Garda Express Mataram) DIMAS WAHYU PUTRA; H. Zaenal Arifin Dilaga; Fatria Hikmatiar Al Qindy
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2591

Abstract

This study aims to explain the implementation of the agreement between Garda Express Mataram and service users based on contract law and find out the responsibility of Garda Express Mataram for the loss of goods sent by service users. This study uses a type of normative and empirical research using the statutory approach (Statute Approach), conceptual approach (Conceptual Approach), and sociological approach (Sociological Approach). The data collection technique used was field research and library research. The results of research in the field indicate that there are legal issues that occur in the process of delivering goods to service users or consumers, while the company's efforts to resolve them are replacing lost consumer goods by replacing a maximum of 10 (ten) times the cost of shipping goods or the price of goods taken from the lowest value if the loss is caused by the negligence of the officer.
Pelaksanaan Perjanjian Kredit Dengan Jaminan Hak Tanggungan Pada PT. BPR Danayasa Desak Made Widyaswari; H. Zaenal Arifin Dilaga; Allan Mustafa Umami
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2592

Abstract

This study aims to determine the procedures for implementing a credit agreement guaranteed by Mortgage, and the obstacles in implementing a credit agreement guaranteed by Mortgage at BPR Danayasa Ltd. The method used in this study is Normative-Empirical, which is carried out by researching and processing existing facts with field observations and then studying them to solve problems. Based on this research, it is concluded that the procedure for implementing credit with Mortgage guarantees starts from filling out the credit application file by the prospective customer to the final process, namely the granting of a Mortgage, obstacles in implementing credit agreements with Mortgage guarantees including juridical and non-juridical obstacles, settlement of non-performing loans, namely approach to the debtor and sell debtor collateral.
Perjanjian Kerjasama Antara Masyarakat Pengelola Wisata Dengan Pemerintah Desa Bonjeruk Kecamatan Jonggat Kabupaten Lombok Tengah Indah Pratiwi; H. Zaenal Arifin Dilaga; Eka Jaya Subadi
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2596

Abstract

This study analyzes 2 problems, namely how to implement the cooperation agreement between the tourism management agency and the Bonjeruk village government, then what are the legal consequences if there is a default in the cooperation agreement between the tourism management agency and the Bonjeruk village government. The type of research used is the normative-empirical legal research method. The legal data approach uses a statute approach, a conceptual approach, and a sociological approach. The results of the study and analysis are that the village government provides financial assistance in cash in the amount of Rp. 78,000,000, - to the managing community in 2020 to develop a tourism business, especially in the Bonjeruk bamboo market. The tourism manager is obliged to pay a sum of money as a contribution to the village government of Rp. 6,000,000 per year for village development. The legal consequence that occurs in the implementation of this agreement is that the agreement does not need to be a lawsuit for null and void the agreement to the judge, but by itself, it is null and void by law, in this case, default is a requirement for cancellation.
Penyelesaian Wanprestasi Dalam Perjanjian Pembiayaan Haji Melalui Finance : (Studi Di FIF Group Cabang Praya) Prastiwi Handani; H. Zaenal Arifin Dilaga; Rahmawati Kusuma
Private Law Vol. 3 No. 2 (2023): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/prlw.v3i2.2599

Abstract

This study aims to look at the contractual relationships surrounding hajj financing at PT. Federal International Finance (FIF Group) Branch Praya, as well as how those agreements are resolved when there is a breach of contract, and what causes consumer breaches of contract. The study uses a normative-empirical legal research methodology and draws on three perspectives: conceptual, legal, and sociological. This study uses qualitative and descriptive analysis to examine legal texts. According to the study's findings, PT. Federal International Finance (FIF Group) Branch Praya’s consumer financing agreement governs the hajj financing, which is a component of a brand-named religious travel program. The study's findings suggest that PT. Federal International Finance (FIF Group) Branch Praya's consumer financing agreement governs the legal relationship for hajj financing, which is a component of a religious travel program offered by PT. Federal International Finance (FIF Group) with the brand name "AMITRA." In hajj financing agreements, the resolution of a breach of contract is accomplished using out-of-court procedures such discussion or mutual consultation between the parties. customers' poor economic conditions, deteriorating payment capacity, their death with recalcitrant heirs, their having several lending facilities, and the failure of consumer-owned firms are among the factors that contribute to contract breaches by customers.
Co-Authors Allan Mustafa Umami Annisa Balqist Desak Made Widyaswari DIMAS WAHYU PUTRA Eka Jaya Subadi Fatria Hikmatiar Al Qindy Ghennia Dzinur Arninda Indah Pratiwi Kusuma, Rahmawati M. Yazid Fathoni Prastiwi Handani Sahruddin Sahruddin