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Mardalena Hanifah
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Humanities Law, Crime, Criminology & Criminal Justice

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Penyelesaian Cerai Gugat Secara Verstek Pada Putusan Nomor 270/Pdt.G/2020/PA.Sak di Pengadilan Agama Siak Sri Indrapura Rahmi Febriani; 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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Abstract

Based on the legal system in Indonesia, the divorce process must be carried out by way of alawsuit in court, where the judge will act as a mouthpiece for the husband and wife who are inlitigation so that they can give a decision which is expected to be the best solution. One of thedivorce cases that need to be highlighted is a divorce that occurs after a verstek decision from thecourt. This decision is a decision issued by a judge when one of the parties (the Defendant) ortheir attorney never comes to attend the trial. There is one verstek lawsuit divorce decision that thewriter will examine in this research, namely the decision of the Siak Sri Indrapura Religious CourtNumber 270/Pdt.G/2020/PA.Sak. In their verdict, the panel of judges granted the plaintiff's claimby giving a verstek unseen verdict. This study aims to determine the extent to which the decision isable to provide justice for the litigants, and review whether the considerations of the panel ofjudges in deciding are in accordance with the applicable laws and regulations.The type of this research is sociological legal research, namely legal research conducted by directresearch into the field plus legal literature or secondary data. This research will further examinethe various sources of law in the form of applicable laws or regulations related to the theory ofjustice and the theory of judge's decision in the divorce process where the decision is in the formof an unseen ruling in a verstek way.The data collection technique in this study was the review ofwritten information (library research). After the data was collected, it was analyzed to drawconclusions.From the research results, there are two main things that can be concluded. First, the strength ofthe witnesses in case Number 270/Pdt.G/2020/PA.Sak has fulfilled the requirements based onstatutory regulations but is not strong because the witness has an emotional bond with thePlaintiff. Second, the settlement in this contested divorce was carried out with the issuance of averstek decision because neither the Defendant nor his attorney was present before the trial.Keywords: Settlement–Divorce Lawsuit–Verstek–Religious Court
PENYELESAIAN WANPRESTASI TERHADAP PERJANJIAN PINJAMAN DI KOPERASI UNIT DESA (KUD) SUMBER REZEKI DESA BUKIT AGUNG KECAMATAN KERINCI KANAN KABUPATEN SIAK Mia Safitri; Mardalena Hanifah; Ulfia Hasanah
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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Abstract

Law Number 25 of 1992 concerning Cooperatives, cooperativesare the foundation for strengthening the people's economy. The purpose ofcooperatives in Article 3 of Law Number 25 of 1992 aims to promote thewelfare of members in particular and society in general and to participatein building a national economic order in order to create an advanced, justand prosperous society based on Pancasila and the 1945 Constitution.Cooperative Units Sumber Rezeki Village as a savings and loancooperative. The purpose of writing this thesis is first, to find out the factorsthat cause bad loans at KUD Sumber Rezeki Bukit Agung Village. Second,to find efforts to resolve non-performing loan defaults in the implementationof money loans at KUD Sumber Rezeki Bukit Agung Village.This type of research is sociological legal research, namely researchconducted on the identification of laws and the effectiveness of laws thatapply in society. In this case, see the implementation of the Sumber RezekiCooperative loan money agreement. The nature of the research isdescriptive which provides precise data about humans, conditions and othersymptoms.The results of this study indicate that the factors that cause bad creditto the Sumber Rezeki Village Unit Cooperative are internal factorsoriginating from creditor errors, namely the lack of accuracy in providingcredit to members and no data transparency by the old KUD Sumber Rezekimanagement on the amount owed and the amount payments paid bymembers of the cooperative as well as external factors, namely thoseoriginating from the debtor either outside the condition of the debtor himselfor because of the lack of good faith, negligence or misuse of money bymembers of the cooperative. The efforts taken to resolve defaults in KUDSumber Rezeki are by sending letters of reprimand, visiting directly to theresidence of cooperative members, finding solutions for settlement in afamily manner and the final way is to sell or confiscate cooperativemembers' credit guarantees.Keywords: Default - Bad Loans, Cooperative.
Co-Authors Anak Agung Istri Sri Wiadnyani Ananda Fernando Putra Anandadhea Putricharina Anggun Pratiwi Dasrol Dasrol Derisma Wulandari Desy Aulia Ulfa Siregar Fania Hanisa Sundjaya Geremy Joy N Gusliana HB Mia Safitri Nadia Sanjaya Nexie Nurafifah Pela Sapira Putri Rahmadani Rahmad Hendra Rahmat Septiadi Rahmi Febriani Riska Fitriani Risti Febiawati Setia Putra Shelby Susandari Sugi Kurnia Pakpahan Ulfia Hasanah Yolla Indriana