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Jurnal Hukum Acara Perdata ADHAPER

JHAPER
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Published by Asosiasi Dosen Hukum Acara Perdata

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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.

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Articles 10 Documents

Search results for , issue "Vol 6, No 1 (2020): Januari - Juni 2020" : 10 Documents clear

Surat Keterangan Waris Yang Memuat Keterangan Tidak Benar Dikaitkan Dengan Kekuatan Pembuktiannya Sebagai Akta Otentik Shaﬁra Meidina Rafaldini; Anita Afriana; Pupung Faisal
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

In Indonesia the distribution of inheritance, there are often disputes between parties who have an interest in each other. This makes some people choose to make a Inher itance Certiﬁcate which aims to prove the parties entitled to inheritance from the testator. In practice, heirs are often found that contain incorrect statements and serve as evidence in court proceedings, as found in Supreme Court Decision Number 121/Pid/2017/PT.DKI. This article discusses the power of proof of authentic deeds which contain incorrect statements in terms of the perspective of the Civil Procedure Code and the validity of an agreement based on authentic deeds which contain incorrect statements based on the Civil Code. Normative juridical research methods are used in this study, namely in-depth analysis of the positive regulations concerned and also ﬁeld research related to the process of making a Certiﬁcate of Inheritance in the Religious Courts, Notaries, and Village Ofﬁ ce. Based on the results showed the Inheritance Certiﬁcate containing incorrect information, still has the power of proof attached as long as no cancellation is submitted to the judge by the parties who feel disadvantaged, and as long as there is no decision from the court stating that the deed is invalid. However, if there has been a decision from a judge stating that a certain authentic deed is invalid, then the deed no longer has the perfect proof of strength as an authentic deed.

Penyelesaian Perundingan Perjanjian Kerja Bersama (PKB) Yang Tidak Menemui Kesepakatan (Studi Kasus di PJT I Malang) Zainal Ariﬁn; Emi Puasa Handayani; Saivol Firdaus
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

The Collective working Agreement (PKB) is regulated in Article 1601 of the Civil Code (Civil Code), which is an agreement between two parties, an employee or laborer and a company, both bound together. Workers commit themselves to employers for a certain time. A bond to do work by receiving wages. Another understanding of collective working agreements is regulated in Law Number 13 of 2003 concerning labor. Working agreements are agreements between employers and employees, or laborers who have conditions of employment, rights and obligations of both parties. There are two research questions, ﬁ rst what is the meaning of the settlement of collective bargaining agreements that do not meet the agreement and, how do we formulate a joint working agreement negotiation solution without ﬁnding a deal. The method used to answer research questions is a type of normative and empirical legal research. Theories used are certainty theory, hierarchical theory of law and distributive justice theory. The results achieved. First, the meaning of the deadlock negotiation agreement to formulate a co-operation agreement. Two, settlement of collective working agreement negotiations that did not meet the agreement, can be completed with three mechanisms. The ﬁ rst is done through bipartite negotiations, through conciliation and mediation mechanisms.ﬁ nally the dispute mechanism can be carried out in industrial relations courts.

Akibat Hukum Pendaftaran Penyelesaian Sengketa Alternatif Dewa Nyoman Rai Asmara Putra; I Putu Rasmadi Arsha Putra
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

Everyone is allowed to be in conﬂict with legal issues that exist in civil procedural law called cases that contain both disputes and those that do not contain disputes. Disputes are indeed important to mature the way of thinking, but more importantly must be agreed. Managing disputes means ﬁ nding the best way to resolve them. The best way to resolve disputes is by means of a win-win solution in Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR). Settlement of disputes with ADR has the highest degree because it is really ﬁ nished, not resolved the dispute, as long as each party obeys all the results of the agreement that has been made. In Article 6 paragraph (7) of Act No. 30 of 1999 concerning Alternative Dispute Resolution (ADR), the results of the agreement must be made in written form and must be registered with the District Court. This research focuses on studying the method of registration proposed in article 6 paragraph (7). Law No. 30 of 1999. The results of this study found facts regarding the payment of the results of the agreement to the District Court does not have any legal requirements for the parties related to legal certainty, justice and beneﬁ ts for the agreement.

Permohonan Pernyataan Pailit Terhadap Perusahaan Modal Ventura Yang Tidak Memiliki Izin Hendri Sita Ambar K; Bianca Belladina
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

One of many cases in point of controversial bankruptcy was the case of bankruptcy statement and debt rescheduling of PT Brent Ventura (BV). Overall, nine applications submitted against this company have been rejected by the judges of the commercial court, it made certain assumptions that PT BV was immune from the debt rescheduling process and bankruptcy as in Decision of Commercial Court Number 50/Pdt.Sus.Pailit/2014/PN.Niaga.Jkt. Pst. The inaccuracy of the consideration of the decision became the core analysis in this normative research using case studies and conceptual approach. To summarize, the analysis result of Decision of Commercial Court Number 50/Pdt. Sus. Pailit/2014/PN.Niaga.Jkt.Pst that there were some inaccuracies in the legal considerations of the court decision. The judges considered that PT BV was a venture capital company under the supervision of the Otoritas Jasa Keuangan (OJK) and the bankruptcy petition could only be ﬁ led by the OJK. In conclusion, the consideration of the judges was inaccurate due to such restrictions only applied to debtors whose business activities related to public interest, which was MTN publishing was not included in the scope of activities. Hence, petition of bankruptcy statement to PT BV could be ﬁled by individual or legal entities other than OJK.

Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL) Anita Afriana; Abdoel Harun Lamo
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was ﬁ nal judgement that can be executed. The ﬁ nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Conﬁ scation of Execution without being based on a judge's decision that granted conﬁ scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the conﬁ scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution conﬁ scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be conﬁ scated in accordance with the determination of the execution for the beneﬁ t of the Plaintiff for the sake of legal certainty as the party won.

Optimalisasi Perundingan Bipatrit Sebagai Master Mind Penyelesaian Sengketa Pemutusan Hubungan Kerja (PHK) Sebagai Akibat Dari Pandemi Corona Muhammad Ridwan; Lukman Ilman Nurhakim
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

Corona pandemic, which began to spread throughout the world since the beginning of 2020, caused various social problems, one of which was legal problems. The losses incurred in addition to involving Health, also the economic recession that caused many companies to lay off thousands of employees caused problems in Industrial Relations Dispute Resolution. The Manpower Act as a protective fence for Workers is supported by UUPPHI as a formal law, in fact it is quite overwhelmed in accommodating the needs related to Layoff Dispute Resolution. However, the Bipatrit Negotiation mechanism should be able to provide answers to existing problems. Judging from the simplicity and speed in its implementation, it can become a Master Mind in resolving the layoffs that are rife. But all this can be realized with the support of the principle of good faith the parties who should be implemented both when the Bipatrit Negotiations take place, as well as when implementing the Joint Agreement. The role of Bipatrit Negotiations is very much needed in resolving PHK disputes as a result of the Corona Pandemic to realize an effective and efﬁ cient dispute resolution for the realization of legal certainty and usefulness. In addition, it is necessary to concretize the qualiﬁ cations of good faith, especially in this Bipatrit Negotiations in order to make the Bipatrit Negotiations a Master Mind for the resolution of PHK disputes as a result of the Corona Pandemic.

Urgensi Pengaturan Terhadap Pengangkatan Anak Oleh Orang Tua Tunggal (Single Parent Adoption): Studi Kasus Penetapan NO. 1/PDT.P/2010/PN.KGN Dan Penetapan NO. 180/PDT.P/2012/PN.DPK Dessy Marliani Listianingsih; Surini Mangundihardjo; Farida Prihatini
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

This study aims to ﬁnd out the basis of the need to regulate Single Parent Adoption in a legal uniﬁcation in the form of laws that are viewed from the perspective of child welfare and how the legal consequences for adopted children both in terms of family law and the child's relationship with inheritance adoptive parents. This research was carried out in a juridical-normative approach against two determinations of the application for adoption carried out by single parents from two different district courts, the ﬁrst one is from the Kandangan District Court in South Kalimantan and the other one is from Depok District Court. The regulation regarding Single Parent Adoption is considered as an urgent or urgent need that should be regulated by the government and legislators as law makers in Indonesia. The existing regulations or regulations only accommodate the general adoption events, and so are only stipulated in government regulations and social ministerial regulations. Because of the different socio-legal and psychological aspects between adoption carried out in general and those carried out by single parents, regulations that speciﬁ cally regulate adoption by single parents need to be made so that aspects of child protection and well-being remain well protected in the future.

Legal Standing Paralegal dalam Proses Beracara di Pengadilan Pasca Putusan Mahkamah Agung RI Tentang Uji Materi PERMENKUMHAM RI no. 1 tahun 2018 tentang Paralegal dalam Pemberian Bantuan Hukum Mustakim, Mustakim; Salamah, Sania
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

The fact that the legal aid provision has not reached all the Indonesian citizens forces the Ministry of Law and Human right to establish the ministerial regulation of the Ministry of Law and Human Right No. 1 year 2018 about Paralegal on legal aid provision which is effectively applied on the 26th January 2018 as the implementation of Act No. 16 year 2011 about Legal Aid. The regulation that gives the Paralegals a spacious room to lawyer in the court resulted in pros and cons if it is contrasted to the position of an advocate within the act No. 18 year 2003 about lawyer, legal aid quality, and monitoring on the provision of legal aid. The statement of the problem is how the legal standing of Paralegal in lawyering in the court as what has already been regulated by the regulation of the Ministry of Law and Human Right No. 1 year 2018. This is a normative research with legislation approach and concept approach. The result of this research found out that there are Paralegal regulations that need to be adjusted with the regulation about legal aid provision such as age limit, qualiï¬ ed educational curriculum, and the need of ethical code that ties up the Paralegal joining law aid organization, so the objective of this constitutional nation to admit, to protect, and to guarantee the human right of the citizens about the access to justice and equality before the law as what has been explained in Article 28 D, article 4 point (1) Constitution of Indonesian Republic Year 1945 could be implemented.

Penyelesaian Perselisihan Hubungan Industrial melalui Putusan Perdamaian di Pengadilan Hubungan Industrial Pengadilan Negeri Padang Kelas I (A) Kusmayanti, Hazar; Karsona, Agus Mulya; Fakhriah, Efa Laela
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

Industrial relations disputes can be resolved through court (litigation) and out of court (non litigation) as stipulated in Law Number 2 of 2016 concerning Industrial Relations Dispute Settlement (PPHI). From the formal legal aspect governing the settlement of industrial relations disputes is the Law Civil Procedure that applies in the General Court, which is usually complicated and long. Usually for litigation at the District Court level, at least the workers/litigants must meet for 8 to 10 days. Padang District Court in the IA Class in order to achieve the principle of Civil Procedure Law Fast, Simple and Low Cost made a breakthrough with the success in bringing a decision on peace in industrial relations disputes in the past 4 years. The author is interested whether this Peace ruling does not contradict Article 4 of PERMA Number 1 of 2016 and does not conï¬‚ ict with statutory regulations and has permanent legal force. The method used in this research is normative juridical analysis of facts that exist systematically. The results of the research and discussion showed that Article 4 of PERMA Number 1 of 2016 is doubly meaningful, so that the Peace Decision in the Padang District Court of Class IA is not in conï¬‚ ict with the laws and regulations and has permanent legal force. The factors causing peace in the Padang Industrial Relations Court, namely Article 4 PERMA Number 1 of 2016 has a double meaning, so that the Padang Industrial Relations Court refers to Article 130 HIR, there is pressure on the bipartite process, mediation in the employment service is less than optimal, the parties those who disputed want peace to be carried out in the industrial relations court, the panel of judges considered that disputes were very possible to be carried out peacefully, and to reduce the accumulation of cases in the court.

Upaya Hukum Banding Terhadap Putusan Verstek Yang Diajukan Oleh Pihak Tergugat Dikaitkan Dengan Asas Kepastian Hukum Dalam Tinjauan HIR/RBG Sherly Ayuna Putri; Achmad Syauqi Nugraha
ADHAPER: Jurnal Hukum Acara Perdata Vol 6, No 1 (2020): Januari - Juni 2020
Publisher : Departemen Hukum Perdata

The verdict of Verstek is the ruling that where the defendant, although called legitimately, does not come on a given day, and does not tell others to be facing his deputy, the claim is accepted with a decision without the presence (Verstek). Resistance is a legal effort against the verdict that was dropped outside the presence of the defendant. Essentially the resistance was provided for the defendant who (in general) was defeated. The Verzet is governed in article 125 paragraph (3) and 129 HIR, article 149 clause (3) Jo. 153 RBg. The research method which is conducted in this study is normative juridical research that emphasizes on the science of law and conduct an inventory of positive law relating to the effectiveness of statutory regulations in the ﬁ eld of legal and descriptive analytical describing and analyzing the problems based on the legislation governing the law of civil proceedings regarding the legal efforts of Verstek decision. Based on the results of the study obtained ﬁ rst problem of Verstek decision to be ﬁ led by the defendant on the decision of the District Court of Bale Bandung Case Number: 37/PDT. G/2018/PN. BLB and the state court ruling of the Simalungun case number: 36/PDT. G/2013/PN. LICENSE does not conform to the norm in article 125 HIR and section 149 RBg. The two remedies that can be done by the plaintiff or the appeal is to apply for the appeal with the reasons set out in article 30 paragraph (1) of Law No. 5 of 2004 concerning the Supreme Court, among other things relating to the judge is not authorized or exceeds the limits of authority and or wrong in implementing or violating applicable laws.

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