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Jurnal Hukum Acara Perdata ADHAPER

JHAPER
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Published by Asosiasi Dosen Hukum Acara Perdata

ISSN : - EISSN : - DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Hukum Acara Perdata ADHAPER (JHAPER) adalah terbitan berkala yang dikelola dan dipublikasikan oleh Asosiasi Dosen Hukum Acara Perdata (ADHAPER), suatu organisasi profesi yang menghimpun para dosen perguruan tinggi negeri yang mengajar dan menekuni mata kuliah Hukum Acara Perdata. Jurnal ini menjadi wadah bagi para dosen yang tergabung dalam ADHAPER, para praktisi hukum dan pengamat hukum untuk memberikan kontribusi pemikiran berupa artikel hasil penelitian dan artikel konseptual untuk dipublikasikan dan disebarluaskan kepada publik. Jurnal Hukum Acara Perdata ADHAPER juga mengemban misi sebagai salah satu media untuk menampung dan mempublikasikan gagasan-gagasan yang mendorong dilakukannya pembaharuan Hukum Acara Perdata Nasional Indonesia oleh Pemerintah dan Legislatif.

Arjuna Subject : -

Articles 9 Documents

Search results for , issue "Vol 4, No 2 (2018): Juli – Desember 2018" : 9 Documents clear

Dualisme Kompetensi Permohonan Pengangkatan Anak Bagi yang Beragama Islam Antonius Sidik Maryono
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

The child adoption application for Moslem applicants and Moslem adopted children prospective are authorized by the State Court and the Religion Court in practice, thus this matter causes the competency dualism in accepting, examining, and assigning that child adoption application. In the Mojokerto State Court Decision No.04/Pdt P/2012//PN Mkt, the Purwokerto Religion Court Decision No.130/Pdt P/2014/PA Pwt, the Purwokerto State Court Decision No./Pdt P/2015/PN Pwt. And the Wantanpone Religion Court Decision No.0078/Pdt P/2011/PA Wtp., those fourth courts state that they are authorized to accept, examine and assign the adoption of children. According to the research, by yuridis normative approach result of the child adoption application proposed by Moslem applicants, both in the Religion Court and through the State Court has the authority to accept, examine, grant, and assign the child adoption application, yet with different legal consideration. In the State Court Decision, the judicial legal consideration refers to the common legislation law such as the Child Protection Laws, the Population Administrations Law, the Government Ordinance, and the Supreme Court Circular, however, the Religious Court is based on the Islamic Law compilation. The legal consequences caused by child adoption decision carried out in the state Court, the adopted children have inheritance rights from the adoptive parents, while in the Religious Courts, the adored children do not server ties with the biological parents. Therefore the adopted children do not inherit property from the adoptive parents.

Eksistensi Hukum Acara Perdata dalam Penyelesaian Perselisihan Hak tentang Upah pada Pekerja Honorer di Indonesia Dian Ferricha
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where honorary workers are workers who are appointed by stafﬁng ofﬁcials or other ofﬁcials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. This is a legal vacuum in its protection. Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is what was raised in this article because if it is not resolved when the problem is resolved through litigation, the legal basis used is not only the law on industrial relations disputes in the industrial relations court but also based on civil procedural law in the general court. This article uses a normative juridical method are based on legal materials that are normative-prescriptive. This article is very interesting to study more deeply and for this article it was created to recommend legal breakthroughs on problems that occur, one of which offers clause clauses in civil procedural law to order parties to disclose documents during the veriﬁ cation process when settling rights on wages to workers honorary is brought into the realm of litigation, wherein one of the articles of the Industrial Relations Dispute Settlement Act it is stated that what applies in Industrial Relations Disputes is ordinary civil procedural law unless otherwise stipulated.

Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan I Ketut Tjukup; I Gusti Ayu Agung Ari Krisnawati
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic difﬁ cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conﬂict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is difﬁ cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords:

Urgensi Penyederhanaan Agenda Sidang Pada Hukum Acara Perdata Di Indonesia Syahrul Sajidin
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Court beside as a judicial institution, have other function to give public service. One of the good and excellent services is realized by the existence of a simple service procedure. One of the most highlighted is that there are still many trial agendas that are considered unnecessary to be delivered directly in front of the panel of judges (during the hearing). Some of these stages include the agenda for reading answers, replicating and duplicating. So that from some of these backgrounds it is necessary to examine the urgency of simplifying the civil procedure law in Indonesia. From the description of the background of the research, the formulation of the problem can be arranged as follows, what is the urgency of simplifying the session agenda by submitting the answers, replicating and duplicating in writing and how is the simpliﬁ cation of the Civil Procedure Law in supporting the implementation of the judicial principle fast, simple and low-cost?. Simpliﬁcation of civil procedural law is expected to be able to reduce the hours of the trial so that with fewer trial agendas the session becomes effective and efficient. In order for the simplification of civil procedural law to be able to bring maximum results, the Supreme Court needs to prepare several things. With the stages of building the system, managing the system, utilizing technology, increasing the role of the business world, developing HR capacity and implementing development in a systematic and measurable manner.

Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line Dwi Handayani; Muhammad Ilyas
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of ﬁve to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

Cover 4 no 2 2018 Cover cover
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Cover 4 no 2 2018

Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang Doni Budiono
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eﬀ orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judge. On the other hand, Postponement of Debt Payment Obligations (PKPU) is the settlement of the debt, also aiming to establish a peace oﬀ er that includes oﬀ ers of partial payment or whole payment of the debt to the creditors. Bankruptcy and PKPU in its implementation have been regulated in Indonesian Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations, Herziene Indonesisch Reglement (HIR), Reglement of De Rechtsvordering (Rv), Buitengewesten Rechtsreglement (RBg), and further stipulated in the Civil Law Procedure-Draft. In Bankruptcy and Postponement of Debt Payment Obligation’s procedural law arrangements contained in various regulations and in the Civil Law Procedure-Draft, there are shortcomings that need to be analyzed to provide a legal basis for Bankruptcy and Postponement of Debt Payment Obligations procedural law arrangements. Considering the upcoming legalization of the Civil Law Procedure-Draft, this study will analyze several important points that can be used as a reference for the Civil Law Procedure-Draft.

Penyelesaian Perkara Pemeliharaan Anak (Alimentasi) Akibat Perceraian di Pengadilan Agama Mardalena Hanifah
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

The obligations of parents to children include the maintenance of children both their parents who are still intact in marriage or divorced. Article 156 Compilation of Islamic Law about the Result of Marriage Breakups due to Divorce which reads that a child who has not been mumayyiz has the right to obtain a hadhanah from his mother unless his mother has passed away. Children who are already mumayyiz have the right to choose to have hadhanah from their father or mother and all hadhanah costs and the livelihood of the child is borne by the father according to his ability, at least until the child is mature and can take care of their self (21 years), but in social, there are still many parents especially fathers who neglect their obligations if he has divorced his wife (mother’s children). The problem is how is the obligation of child care (alimentation) by parents due to divorce in the Religious Court and how is the legal effort if there is no obligation to carry out childcare (alimentation) by parents due to divorce in the Religious Court. The research method is normative juridical, covering research on legal principles which are something very basic in law that can be guided by the nature of descriptive research. Factors that cause obstruction of the obligation of child care (alimentation) by parents due to divorce are economic factors, legal awareness of the community, facilities in the implementation of law enforcement obligations of childcare (alimentation). The legal effort taken if the maintenance of children is not carried out is by paying money.

Paradoks Kewajiban Bersaksi pada Ketentuan Hukum Acara Perdata Zakki Adlhiyati
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 2 (2018): Juli – Desember 2018
Publisher : Departemen Hukum Perdata

Analyzing witness obligation in giving testimony according to Indonesian civil procedural law is the objective of this writing. With the normative judicial method, concluded There is inconsistency in Indonesian civil procedural law in regulating the witness obligation. Punishment is provided for a witness when they neglected the hearing summons as regulated in Article 140 HIR/157 RBG, but in contrast article 143 HIR/170 RBG stated that no one may be forced to come before a court to testify in civil matters if the district court beyond their resides. Giving the same regulation with the current civil procedural law, the civil procedural law bill shows contradiction within its law and also with another law. Abandonment of court summons as a witness is a criminal offense with a sentence of six months in prison (Article 224 paragraph of the Criminal Code). The inconsistency and contradiction to some extent may bring negative impact to law enforcement and the law should be an amendment.

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