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KEPEMILIKAN TANAH SECARA GUNTAI (ABSENTEE) DI KECAMATAN GUNUNG TOAR BERDASARKAN PERATURAN PEMERINTAH NOMOR 224 TAHUN 1961 JO PERATURANPEMERINTAH NOMOR 41 TAHUN 1964 TENTANG PELAKSANAAN PEMBAGIAN TANAH DAN PEMBERIAN GANTI KERUGIAN Rahmat Septiadi; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Land has an important role for human life because human life cannot be separated from land.In the regulations that have been set forth in Article 10 paragraph 1 of Law number 5 of 1960concerning Basic Agrarian Regulations it stipulates that: "Every person and legal entity that has aright to agricultural land is in principle obliged to work or actively cultivate it himself by preventextortion. According to the Basic Agrarian Law, it expressly prohibits land aggregation. The aim is tofind out the factors of the occurrence of guntai land (absentee) in Gunung Toar District and to find outthe Prevention Efforts Against Guntai Land Ownership (absentee) in Gunung Toar District.The research method is an important factor for scientific writing. A scientific work must containtruth that can be accounted for scientifically so that the results of the scientific work can approach areal truth. Legal research is carried out in the context of efforts to develop law and respond to newlegal issues that are developing in society. Without legal research, legal development will not beoptimal. The author uses a type of sociological or empirical legal research. Sociological research isresearch on law observing what are the characteristics of a community's behavior in an area in anaspect of social life. The location of the research conducted by the author is in Gunung Toar District,Kuantan Singingi Regency because in Gunung Toar District there is still absentee land ownership.Laws and regulations as guidelines for the implementation of clear and firm regulationsregarding restrictions on land ownership which are increasing on the control of agricultural land. Inarticles 12 and 13 of the UUPA the government in the agrarian field which is monopoly can only becarried out by law. Kuantan Singingi Regency, especially in Gunung Toar Subdistrict, there are stillmany absentee/guntai lands. So far, the Defense Office has indeed not done anything concrete tosupport the effectiveness of the ban on absentee/guntai land ownership. The results of the interview withMr. Riko Syahrudin S.H explained that there were several steps that had been taken by the ATR/BPN ofthe Kuantan Singingi Regency in carrying out prevention and control of agricultural land by people orfamilies who lived outside the area where the land was located or also called absentee/guntai land. Inline with the objectives to be achieved through the Defense Orderly Chess program, especially defenseand orderly use of land, the Agrarian Spatial Office/National Land Agency of Kuantan SingingiRegency has made efforts, namely: law enforcement by holding directed and widely continuous legalcounseling.Keywords: Land, Guntai (Absentee), Ownership.

PENGGUNAAN AKAD MURABAHAH DALAM PEMBIAYAANMODALUSAHA PADA PT. PERMODALAN NASIONAL MADANI MEKAAR SYARIAH CABANG KUANTAN MUDIKBERDASARKAN HUKUM EKONOMI SYARIAH Pela Sapira; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This reseach the use of Murabahah Contracts at PT. Mekaar Syariah National CivilCapital, hereinafter referred to as PNM Mekaar Syariah Kuantan Mudik in business capitalfinancing. The use of a murabaha contract that is not carried out in accordance with theprovisions of the Sharia Economic Law. Therefore, it is necessary to study first, how is the useof the Murabahah Contract in financing venture capital at PT. National Capital MadaniMekaar Branch of Kuantan Mudik based on Sharia Economic Law. Second, is the contract thatshould be used in financing venture capital at PT. National Civil Capital Mekaar SyariahMudik Strength Branch.This research is a sociological legal research, with the intention of looking at thecorrelation between law and society. Because it is based on field research, namely by collectingdata from observations, interviews, questionnaires, and literature studies that have to do withproblems using qualitative data analysis, producing descriptive data, and concluded with adeductive thinking method.From the results of the study, it was concluded that, First, in the PNM Mekaar SyariahKuantan Mudik Branch agreement with customers, financing is given in the form of money inthe amount according to the financing application submitted by the customer so that the saleand purchase between PNM Mekaar Syariah Kuantan Mudik and the customer does not occur,then the customer is given the authority to use the financing money to buy goods according tobusiness needs, but in practice the customer does not exercise this power and uses the financingmoney for other purposes such as consumptive needs. Second, the implementation of financingcarried out by PNM Mekaar Syariah Kuantan Mudik which provides financing in the form offunds, is more appropriate to use a musyarokah contract because the provision of businesscapital in the form of money is not appropriate using a murabaha sale and purchase scheme,but business capital financing transactions in the form of money are more appropriate to use acontract. musyarakah agreement.Key Words : Financing, Murabahah, sharia economy

TINJAUAN YURIDIS PENETAPAN NOMOR 29/PDT.P/2019 PN GIANYAR TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN PUTUSAN MAHKAMAH AGUNG REG NOMOR 1400K/PDT/1986 Sugi Kurnia Pakpahan; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Interfaith marriage is a marriage bond between a man and a woman who embracedifferent religions and beliefs while maintaining their respective beliefs. The phenomenon ofinterfaith marriage is not new in Indonesia. Previously, there were rows of Indonesianwomen who married non-Muslim men. A well-known case is the marriage of Andy VonnyGani P, a Muslim couple. The purpose of this writing: First, to find out the arrangements formarriage according to Law Number 1 of 1974 concerning marriage. Second, to find out theregulation of interfaith marriage according to law in Indonesia in relation to the SupremeCourt Decision Number 1400k/pdt/1986 (Case Study of Determination Number 20/pdt.p/2019PN Gianyar)The type of research in this paper is normative legal research. Normative legalresearch is legal research conducted by examining legal literature or secondary data. Thisresearch focuses on research on legal systematics. Research on legal systematics can becarried out on certain laws or recorded laws.From the results of the research, there are two main things that can be concluded.First, the provisions for marriage of different religions are not regulated in the MarriageLaw, Article 2 Paragraph (1) of the Marriage Law is a "blanconorm" or empty rule, so thatthe Civil Code only states that the Law The law views marriage from the point of view of itsrelationship with civil law only. This means that regulations according to religious law arenot important as long as they are not regulated in Civil Law so that interfaith marriages arenot prohibited. Second, marriages of different religions are not specifically regulated, so theSupreme Court Decision Number 1400K/PDT/1986 can be justified because of a legalvacuum, then social realities and needs as above are left legally unresolved, becauseallowing the problem to drag on will definitely lead to negative impacts in terms of social andreligious life in the form of smuggling of social and religious values. Determination ofNumber 29/PDT.P/2019 PN Gianyar which legalizes this interfaith marriage. Because, inorder to avoid unpleasant actions.Keywords: Juridical Review, Marriage, Different Religions

PELAKSANAAN KONTRAK HARGA SATUAN PADA PAKET PERKERJAAN KONSTRUKSI PEMBANGUNAN PENGAMANAN PANTAI PULAU TERLUAR PROVINSI RIAU ANTARA PT.ALEX PUTRA SAKTI DENGAN PEJABAT PEMBUAT KOMITMEN SUNGAI DAN PANTAI DI DESA CENTAI KECAMATAN PULAU MERBAU KABUPATEN KEPULAUANMERANTI Ananda Fernando Putra; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Currently, in the implementation of goods and services procurement work, including constructionservices, the total costs of which are borne by the State Budget (APBN) and the RegionalExpenditure Budget (APBD), must comply with statutory provisions. To carry out development, thegovernment needs other parties, after that the government takes the option of conducting a selectionin the form of an auction. After obtaining the winning bidder, the Government will draw up aConstruction Work Contract. In the implementation of the Construction Work Contract between theCommitment Making Officer (PPK) and PT Alex Putra Sakti in the construction of Coastal Securityfor the Outermost Islands of Riau Province in Centai Village, Merbau Island District, MerantiRegency, the implementation procedure must comply with applicable regulations. Therefore, thepurpose of this study was to find out the implementation of unit price contracts in the constructionwork package for the construction of coastal safeguards in the outermost islands of Riau Provincebetween PPK PT Alex Putra Sakti and officials making river and beach commitments in CentaiVillage, Merbau Island District, Meranti Regency.The type of research in this paper is sociological legal research, namely research conducted byidentifying and how effective it is in society or reviewing the state of the problem associated withthe applicable legal aspects and judging from its descriptive nature, namely describing the process.From the results of the research, there are two main things: First, that the Procedure forImplementation of the Construction Contract for the construction of beach security in the MerantiVillage of Centai Regency is running in accordance with the agreed work contract and inaccordance with the Law of the Republic of Indonesia Number 18 of 1999 concerning servicesconstruction. Second, in the process of carrying out the completion of the work there were obstaclesexperienced by the contractor, namely the implementation exceeded the time limit for 14 days sothat the ppk was required to make compensation for a delay of 1/1000 of the contract value that hadbeen agreed upon, this delay was due to high tide or volume from rising sea water o that theconstruction work of protecting the coast experienced delays in its implementation covid19.Keywords: Implementation of development construction work contract

EKSEKUSI RIIL SENGKETA TANAH ANTARA PT. JONDUL JAYA SAKTI CABANG PEKANBARU DENGAN PIHAK TAHREL DI PENGADILAN NEGERI PEKANBARU Desy Aulia Ulfa Siregar; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In carrying out a decision (execution), in essence, the losing party oftendoes not want to carry out the decision voluntarily, so that the implementation ofthe judge's decision is carried out by coercion (real execution) by the executingparty with the help of public forces such as the police and even the military. Realexecutions carried out by courts often encounter resistance from executed partieswho do not accept the judge's decision. So many factors can hinder the execution.The land dispute case between the Tahrel Party and PT. Jondul Jaya SaktiPekanbaru Branch has passed all stages of the trial starting from the FirstSession, Appeal, Cassation, even to the extraordinary judicial review. The Court'sdecision stated that the land was the property of Tahrel, but the PekanbaruDistrict Court did not carry out the execution of the land on the grounds thatthere was a lawsuit from a third party.The type of legal research is sociological, which in this research is carriedout by going directly to the field to collect primary data through interviews withthe parties involved in this case, namely the lawyers of PT. Jondul Jaya SaktiPekanbaru Branch, Tahrel, Registrar of the Pekanbaru District Court and Bailiffof the Pekanbaru District Court. This research uses a descriptive method. Thenature of this research is descriptive.The results of this study are the inhibiting factors for the real execution ofland disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with Tahrel atthe Pekanbaru District Court were the losing parties (PT. Jondul Jaya SaktiPekanbaru Branch) resisted with a lawsuit from a third party. The executioncould not be carried out because it was still waiting for a lawsuit decision from athird party. Efforts made in overcoming the inhibiting factors for the execution ofreal land disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with theTahrel Party at the Pekanbaru District Court, namely the winning party (Tahrel)submitted an application for forced implementation of the Judge's decisionthrough the competent District Court. Tahrel submitted a request for re-executionto the Head of the Pekanbaru District Court to carry out the execution for theumpteenth time, namely the first on 18 July 2019, the second 28 July 2019 and thethird 5 August 2019.Keywords: Real execution, land dispute, Pekanbaru District Court

Arah Kebijakan Hukum Politik Ekonomi Mardalena Hanifah
Jurnal Ilmu Hukum Vol 3, No 1 (2012)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v3i01.1025

Law and economics are the pillars of development so that both must be matched and aligned with the interests of the people. Thus the legal policy direction of economic policy should be something that has value in order for legal purposes can be achieved.

Arah Kebijakan Hukum Politik Ekonomi Mardalena Hanifah
Jurnal Ilmu Hukum Vol 3, No 2 (2012)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v2i02.1141

Law and economics are the pillars of development sothat both must be matched and aligned with the inter-ests of the people. Thus the legal policy direction ofeconomic policy should be something that has valuein order for legal purposes can be achieved. Since thelaw was established and developed to regulate howthese laws can regulate business behavior by inves-tors that the economic activities which they have givenprotection by law, to ensure the presence of legal pro-tection will be established a rule of law in the areas ofinvestment in the form of legislation, doctrine, juris-prudence, treaties and other agreements to determinethe political direction of economic policy of the law.

PELAKSANAAN PERJANJIAN OLEH PT. SANLING SAWIT SEJAHTERA PADA DESA RIMPIAN KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU Anggun Pratiwi; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Agreements can be made in written or oral form, and it is not uncommon to findagreements made secretly. Oral agreements occur a lot in social life, oral agreementsare the realization of the principle of consensualism, which comes from the Latinconsensus. This means that in principle an agreement that arises has been born fromthe moment the agreement is reached. The formulation of the problem posed is how toimplement the agreement at PT. Sanling Sawit Prosperous Rimpian Village, Lubuk BatuJaya District, Indragiri Hulu Regency and how the efforts in implementing the PTagreement. Prosperous Sanling Sawit in Rimpian Village, Lubuk Batu Jaya District,Indragiri Hulu Regency.The type of legal research is sociological, which in this research is carried out bygoing directly to the field to collect primary data through interviews with the partiesinvolved in this case, namely Area Supervisor, HRD PT. Sanling Sawit Sejahtera, Headof SPSI, Employee of PT. Prosperous Sawit Sanling, Member of BPD, Head of RT,Community. This research uses a descriptive method. The nature of this research isdescriptive.The result of this research is the implementation of the agreement between PT.Sanling Sawit Sejahtera with the Rintian Village community showed that the agreedagreement was not implemented because the company had defaulted where thecompany should have repaired and maintained the road by providing funds inaccordance with the agreement in the agreement Number: 001/SSS/KT-KA II/VII/2022. Legal efforts in implementing the PT agreement. Sanling SawitSejahtera in Rintian Village, which has been carried out by the community, in the formof initial legal remedies such as demonstrations by placing banners along the roadcontaining rebellion and disappointment from the community. With the damage to roadsand bridges, the community rebelled in the form of demonstrations and the installationof banners along the roads containing anger and disappointment.Keywords: Agreement, Company, Responsibility

PENYELESAIAN KREDIT MACET TERHADAP PERJANJIAN KREDIT PEMILIKAN RUMAH (KPR) DI PT. BANKTABUNGAN NEGARA CABANG PEKANBARU PADA MASA COVID-19 Shelby Susandari; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Home ownership loan (KPR) is one of the most popular banking products by thepublic. As one way to own a house, mortgages provide many advantages forcustomers, such as ease in paying installments and the ability to own a housequickly. However, on the other hand, mortgages also have a fairly high risk of noanperforming loan. Mortgage noan performing loan is a problem that is often facedby banking companies in Indonesia. This is caused by various factors, one of themain factors is during the Covid-19 pandemic which causes various things such asunilateral layoffs, business failures, and not carrying out credit procedures to thefullest due to lack of human resources. PT. Bank Tabungan Negara PekanbaruBranch is one of the banks that also experienced the problem of mortgage badloans. The purpose of this study was to determine the factors that cause noanperforming loan mortgages in PT.Bank Tabungan Negara Pekanbaru Branch andhow effective settlement of mortgage bad loans.This type of research is sociological, where data obtained through interviews withthe PI. Bank Tabungan Negara Pekanbaru Branch and customers who experiencenoan performing loan at Griya Sakti housing. The housing is domiciled by KPRBank BTN customers since 2014. The researchers took a sample of 8 customers tofind out the factors that cause and how the settlement of noan performing loanexperienced by these customers during the Covid-19 pandemic.The results showed that the factors causing noan performing loan mortgages inPT.Bank Tabungan Negara Pekanbaru branch, among others, are external factorson the part of customers, namely business failures, debtors or debtor spouses whoexperience layoffs, which has increased dramatically during Covid-19. in addition,internal factors from the State Savings Bank, in the form of not maximizingsupervision procedures during the Covid-19 pandemic, which caused Griya Saktihousing mortgage customers to potentially experience noan performing loan. Thesettlement made by the Bank always prioritizes credit rescue first, where the bankwill provide relief to customers to restructure with several previous considerations.The rescue must also be at an early stage and not yet at the time the customer'sstatus is declared noan performing loan, later the customer who restructures willhave a current credit status after carrying out several requirements set by the bank.

Penerapan Putusan Serta Merta (Uit Voerbaar Bij Voorraad) Terhadap Perkara Perdata Pada Pengadilan Negeri Pekanbaru Kelas I A. Geremy Joy N; Mardalena Hanifah; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The judge's decision aims to resolve a dispute, the litigants have the option to submit anapplication for an immediate decision (Uitvoerbaar Bij Voorraadd) and efforts to make ithappen are regulated in Article 180 paragraph (1) HIR/Article 191 paragraph (1) Rbg,even though the Pekanbaru District Court Class I A often accepts requests for judgmentsimmediately (Uitvoerbaar Bij Voorraadd), but very rarely grants them. Immediateapplication of decisions (uit voerbaar bij voorraad) in civil cases in Register Number:26/Pdt.G/2012/PN.PBR and civil cases register number: 116/Pdt.G/2013/PN.PBR at thePekanbaru District Court Class 1A.This type of research can be classified into the type of sociological research, with theresearch location taking place at the Pekanbaru District Court Class IA, while thepopulation and sample are all parties related to the problem under study. This study usesdata sources in the form of primary data and secondary data, and data collectiontechniques are carried out by interviews.From the results of the study, there are two main things that can be concluded, firstly theapplication of an immediate decision (Uitvoerbaar Bij Voorraad) at the PekanbaruDistrict Court has clearly been effective and relevant to be guided by developments in theworld of justice, because before deciding an immediate decision, every condition has beenfulfilled in accordance provisions of the Supreme Court Circular Letter Number 3 of 2000Concerning Immediate Decisions (Uitvoerbaar Bij Voorraad) and Provisional andSupreme Court Circular Letter Number 4 of 2001 concerning Issues of ImmediateDecisions (Uitvoerbaar Bij Voorraad) and Provisionil. Decisions can immediatelybecome guidelines for judges to settle cases that cannot be executed because they do notinclude a commendator's order in their decision. Second, the obstacle to the granting ofan immediate decision (Uitvoerbaar Bij Voorraad) according to the materialrequirements lies in the discrepancy between the case and the facts of the trial, becausemany cases that ask for an immediate decision (Uitvoerbaar Bij Voorraad) tend not tomeet the requirements set by SEMA, because most cases are in court Pekanbaru State, didnot prepare the conditions needed to grant the decision immediately (Uitvoerbaar BijVoorraad). Formal obstacles when one of the seven requirements is met, the judge isinstructed not to decide the case immediately, but first to consult the chairman of the highcourt and the chairman of the district court, although this procedure tends to limit theindependence of judges, this is in accordance with the principle of prudence alwaysemphasized by the Supreme Court of the Republic of Indonesia in handling cases forwhich an immediate decision is requested (Uitvoerbaar Bij Voorraad).Keyword : Dispute, Civil Case, Implementation of Immidiate Verdict.

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