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Diponegoro Private Law Review
Published by Universitas Diponegoro
ISSN : 25982354     EISSN : -     DOI : -
Core Subject : Social,
Jurnal ilmiah berkala dari Bagian Hukum Keperdatan Fakultas Hukum Universitas Diponegoro. Jurnal ilmiah ini akan berisi tulisan dari akademisi yang mendalami hukum perdata (perdata barat, perdata agraria, perdata islam, perdata dagang, perdata adat, dan lain-lain).
Arjuna Subject : -
Articles 81 Documents
POSISI UNDANG-UNDANG PERLINDUNGAN KONSUMEN NOMOR 8 TAHUN 1999 DALAM UPAYA PERLINDUNGAN TERHADAP KONSUMEN Rinitami Njatrijani
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Since the enactment of UUPK No.8 Year 1999 which has been going on for 17 years in its implementation still faced many obstacles caused by many factors. Some of these factors include some mistakes, deficiencies and weakness seatings in the UUPK itself is related to grammar, systematic, business actors responsibility, consumer dispute resolution and institutional. Therefore the need for changes to the purpose of improving the UUPK, in accordance with the initial purpose of the establishment of this law is to protect consumers in Indonesia. It should be questioned how the position of UUPK No.8 Year 1999 in the effort to protect the consumer. Keywords : Position, UUPK No. 8 Year 1999, Consumer Protection
AKIBAT HUKUM PERKAWINAN CAMPURAN TERHADAP HARTA PERKAWINAN (PENETAPAN PENGADILAN NEGERI DENPASAR No: 536/Pdt.P/2015/PN.Dps.) Herni Widanarti
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

In addition to the Marriage Act loaded matters relating to marriage, also regulates marital property. This field is one of the legal field of civil law which has a sensitive nature and potential conflict, therefore setting the field is not as easy as setting the areas of law that are neutral. The complexity of the issues in the field of wealth as a result of a mixed marriage other than by the Marriage Act 1 of 1974 is also dealing with the principles of International Law. The research objective to be achieved is: To know and understand the legal consequences of intermarriage to assets marriages under the Marriage Act 1 of 1974 and to determine the legal consequences of intermarriage against marital property according to the Principles of International Law. The method used in this research is normative juridical approach. The results of the study, due to mixed marriages to property law marriages under the Marriage Act 1 of 1974 concerning marriage, if the parties have not entered into a marriage mate then the property becomes joint property. In its development, the practice of mating agreement can be made after the marriage takes place by submitting an application to the court and has received the court ruling which has binding legal force. With the Denpasar District Court Decision No. 563 / Pdt.P / 2015 / PN.Dps.  Keywords: Marriage, Mixed Marriage, Marriage Treasure
PENGARUH DIUNDANGKANNYA UNDANG UNDANG NOMOR 2 TAHUN 1960 TENTANG PERJANJIAN BAGI HASIL TERHADAP PELAKSANAAN BAGI HASIL TANAH PERTANIAN DI DESA NANGGULAN KECAMATAN CAWAS KABUPATEN KLATEN Agung Basuki Prasetyo
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The enactment of Law number 2 year 1960 on Production Sharing Agreement does not affect the implementation of agricultural product sharing in Nanggulan Village, Kecamatan Cawas, KlatenDistricts. Indonesia whose majority of the population as farmers, but not all have their own farmland. So it is possible to establish a working relationship between the landowner and the farm workers. In order to protect vulnerable farm workers from being treated unfairly, the Government issued Law number 2 year 1960 on Production Sharing Agreement. In fact, the implementation of the agreement for the production of agricultural land in Nanggulan Village still uses the customary law, orally, the term of the agreement and the amount of the balance depending on the agreement of the landowner and farm workers.While the factors that led to the agricultural product sharing  that still use customary law, is in addition to the lack of public knowledge of Law Number 2 year 1960, also the strength of the principle of trust, and please help the lives of local communities.Key words: Production Sharing Agreement, Farmland
KEDUDUKAN LESSOR DALAM PERJANJIAN OPERASIONAL LEASING TERHADAP KEPAILITAN LESSEE DI INDONESIA Siti Mahmudah
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Operational leasing is one of the financing sources that can be used by entrepreneurs to meet the need for capital goods. The parties are Lessors and lessees. Debt settlement of the lessee as a debtor may be settled through a bankruptcy institution resulting in a general seizure of the debtor's property. This study aims to determine the position of Lessor for leased capital goods, and unpaid rent in the insolvency of the lessee with the normative juridical approach method which is based on the secondary data analyzed qualitatively. Baramg capital in bankruptcy lesse not boedel bankrupt, lessor is its owner and domiciled as creditor holder of privilege of unpaid rent as regulated in Article 1139 Civil Code. Keywords : Lessor, Lesse, Bankruptcy
FUNGSI SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DITINJAU DARI KETENTUAN PASAL 15 UNDANG-UNDANG NOMOR 4 TAHUN 1996 Mira Novana Ardani
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The granting of credit guarantees should be done directly by the grantor of the mortgage, for something because it can not be present itself, it must appoint the other party as its proxy, with SKMHT in the form of an authentic deed. This research uses empirical / sociological juridical approach. To carry out the SKMHT function, actually any credit agreement is not always made SKMHT. There are  legal consequences if after making SKMHT not followed by making APHT Keywords:  Credit, SKMHT, APHT
PEMANFAATAN TANAH DI ATAS HAK PENGELOLAAN ANTARA REGULASI DAN IMPLEMENTASI Ana Silviana
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Right of Management (HPL) is part of the state right to control the land and part of the rights delegates to the HPL holders. In order to carry out the construction HPL holders may grant land rights on HPL with a land use agreement (SPT). In practice, however, there are often legal issues related to the granting of land rights over HPL, especially HPL requested on land that already belongs to state owned company (BUMN / BUMD), or also Local Government to be converted into commercial activities. This paper will examine the legal problems arising from land use on HPL. The method used in this paper is a doctrinal / legal approach, where the law is conceived as a legislation. The result of HPL analysis is not the right to land as stipulated in the LoGA, in the application of land above the HPL the extension of their rights to rights holders on HPL may be given priority after obtaining approval from HPL holders. Keywords:  Right of Management, Land Use Agreement, Local Government Asset
ANALISIS PENDAPAT BUSTANUL ARIFIN DALAM PEMBAHARUAN HUKUM ISLAM DI INDONESIA Islamiyati Dewi Hendrawati
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Islamic law in Indonesia is often not presented as objective, rational and scientific law, because it is based on the truth of the belief, and is not lawful. This paper analyzes Bustanul Arifin's thoughts on the basic idea of Islamic legal institutionalization. Urgency writing can explain the role of Islamic law and its development in the realm of the national legal system in Indonesia. According to Bustanul Arifin Islamic law needs to be institutionalized through the Religious Courts to solve the case of Muslims through legal channels. KHI President Instruction No. 1/1991 is the state school of thought to serve as the legal basis for judges in establishing cases. This idea inspired the state to establish legislation as problem solving in solving the problem of Islamic law. Key Word: Bustanul Arifin, Renewal, Islamic Law.
PENGATURAN TANAH BENGKOK DI DESA SOJOPURO KABUPATEN WONOSOBO BERDASARKAN UNDANG-UNDANG NO. 6 TAHUN 2014 TENTANG DESA IGA Gangga Santi Dewi
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The regulation of tanah bengkok is not done on the personal authority of kepala desa but is regulated in legitimate legislation, namely Undang-Undang no. 6 Tahun 2014 about Desa. Based on the results of research, tanah bengkok in Sojopuro village was given to Kepala Desa and desa apparatus as long as they served as desa apparatus and there was no legal effect if the village did not obey the rules of tanah bengkok. Therefore, a clear rule regarding the regulation of tanah bengkok is the asset of the village. Keywords: Tanah bengkok, Regulation, UU Desa.
REORIENTASI PERTANGGUNGJAWABAN KLIEN DALAM PERJANJIAN FACTORING BAGI INDUSTRI KECIL Siti Malikhatun
Diponegoro Private Law Review Vol 2, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Business development by business actors is using factoring financing. The factoring agreement raises the accountability of the parties, one of whom is the client. This study aims to reveal the client's accountability in the factoring agreement and how it should be in the future in order to realize justice for the parties. The research method used is mixed methode, with legal pluralism approach. It is known that the accountability of the client that is visible from his rights and obligations is inconsistent with the principles of factoring. Keywords: Factoring, agreements, clients
PERLINDUNGAN HUKUM PENGAMBILALIHAN (AKUISISI) PERSEROAN TERBATAS BAGI PEMEGANG SAHAM MINORITAS Irawati Irawati
Diponegoro Private Law Review Vol 1, No 1 (2017)
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

Limited  Company is a legal subject. Regulations on limited liability company are generally regulated in Act Number 40 of 2007 About Limited  Company. The establishment of special arrangements concerning the Company is to protect the interests of shareholders and creditors, as well as other related parties and the interests of the company itself. To create a healthy and efficient business climate, among others, can be pursued by merger, merger and takeover of limited liability company. The presence of minority shareholders is not only protected in the interests of ownership of shares, but also has an important function in decision making at the General Meeting of Shareholders. In terms of legal minority shareholders need special attention and treatment that can be realized one of them with Apprisal Right. Keywords  : Limited Company,Takeover, Minority Shareholder.