cover
Contact Name
Baiq Nurul Aini
Contact Email
baiqaini@unram.ac.id
Phone
+6287765101177
Journal Mail Official
privatelaw@unram.ac.id
Editorial Address
Jl. Majapahit No. 62 Mataram
Location
Kota mataram,
Nusa tenggara barat
INDONESIA
Jurnal Private Law Universitas Mataram
Published by Universitas Mataram
ISSN : -     EISSN : 16159857     DOI : https://doi.org/10.29303/prlw.v2i2
Core Subject : Humanities, Social,
Jurnal Private Law merupakan Jurnal Fakultas Hukum Universitas Mataram yang pertama kali terbit di tahun 2021. Private Law menerbitkan artikel dari jurnal Mahasiswa S1 khususnya bidang Hukum Perdata. diharapkan kedepannya private law dapat ikut meningkatkan kualitas jurnal ke arah nasional maupun internasional dengan menerima tulisan dari penulis luar lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
Search results for , issue "Vol. 2 No. 2 (2022): Private Law Universitas Mataram" : 27 Documents clear
Analisis Yuridis Pemberian Izin Poligami Karena Istri Tidak Memenuhi Kebutuhan Batin : Studi Putusan Pengadilan Agama Mataram Nomor 308/Pdt.G/2020/PA.Mtr Ni Wayan Girisawitri; Diangsa Wagian
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.813 KB) | DOI: 10.29303/prlw.v2i2.1119

Abstract

The purpose of this research is to study the reasons and requirement for polygamy consent according to the law, and to analyze the polygamy consent due to the wife’s incapability to meet the inner needs according the verdict number 308 /Pdt.G/ 2020 /PA. Mtr. This research is very beneficial to develop legal science or jurisprudence and it serves as a reference to similar research. This is a normative legal research. The data of this research is collected through a literature study. This research finds out that according the Article 4 paragraph (2) of The law No. 1 of 1974 concerning marriage, the polygamy can be approved only if: 1) wife is incapable to carry out her duties a wife; 2) wife have a disability; 3) wife has an incurable disease; and 4) wife can not give birth. This research also finds out that the judge's legal considerations in giving approval for polygamy refer to the provisions of Article 4 paragraph (2) alphabet (a), i.e. , the wife is incapable to carry out her duties a wife. In this verdict, judges have the opinion that the wife’s incapability to meet the inner needs of her husband is a form of the wife is incapable to carry out her duties a wife as stipulated inArticle 4 paragraph (2) of The law No. 1 of 1974 concerning marriage.
Akibat Hukum Terhadap Wanprestasi Dalam Perjanjian Pemeliharaan Burung Walet Di Labuhan Lombok : Studi Kasus Putusan Pengadilan Negeri Selong Nomor 134/Pdt.G/2020 PN Selong Septina Indi Huwaida; Salim HS
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (407.45 KB) | DOI: 10.29303/prlw.v2i2.1120

Abstract

This study aims to determine the process of resolving cases on breach of contract of Swallow Bird preservation agreements based on the decision of the Selong District Court Number 134/PDT.G/2020 and the legal consequences arose from breaching the contract of of Swallow Bird agreement in Selong District Court Decision Number 134/PDT.G/2020. The type of research used on this study is normative law research, with the combination of statutory approach, conceptual approach, and analytical approach application method. The process of resolving cases in cases of breach of contract for Swallow Bird preservation is through the courts. The legal consequences that arise in the breach of contract of the Swallow Bird preservation agreement are the compensation given by the defendant to the plaintiff and the judge grants some of the claims filed by the plaintiff as the party experiencing default.
Analisis Yuridis Putusan Pengadilan Agama Tingkat Pertama Terhadap Perkara Cerai Talak dan Akibat Hukumnya : Studi Putusan Nomor 0668/Pdt.G/2020/PA.Bima Rizki Ananda Soleha; Lalu Hadi Adha
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (363.003 KB) | DOI: 10.29303/prlw.v2i2.1121

Abstract

The title of this research is Juridical Analysis of First Decree of Islamic Court Decisions on Divorce Cases and Its Legal Consequences (Study on the Verdict Number 0668/Pdt.G/2020/Pa.Bima). The purpose of this study was to determine the legal consequences of divorce and the judge's legal considerations in accordance with the positive law that applies in determining the Decision of the Islamic Court Number 0668/Pdt.G/20/PA.Bm. This research was expected to provide benefits for the development of legal knowledge regarding the legal consequences of divorce and legal considerations of judges in accordance with generally accepted positive law. The method used in this research is normative research. The sources of legal materials in this study were literatures study and the decision of the Bima Islamic Court Verdict Number 0668/Pdt.P/20/PA.Bm. The types of legal materials used in this research were primary, secondary and tertiary data in the form of the Bima Islamic Court decision from the Verdict Number 0668/Pdt.P/20/PA.Bm and secondary data in the form of books, scientific works, and others. The technique of collecting legal materials was literature study. The method of analyzing legal materials in this research was descriptive qualitative analysis method. The results of this study stated that the legal consequences of divorce based on the Verdict of the Islamic Court Number 0668/Pdt.G/20/PA.Bm, namely the termination of the marital relationship due to the decision of the religious court, so that there is no longer a husband and wife relationship between the two parties. The existence of the provision of a living from the Petitioner to the Respondent by obtaining “iddah” and “mut'ah” living. Then, judging from the positive legal process in the Court Decision process, both of them are in accordance with the applicable law.
Analisis Hukum Pengalihan Fungsi Hutan Menjadi Tanah Pertanian : Studi Di Kecamatan Lantung Kabupaten Sumbawa Rizki Yoga Febriyan; H. Arba Arba
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (388.378 KB) | DOI: 10.29303/prlw.v2i2.1125

Abstract

This study aims to determine the factors, processes and status of the transfer of forest functions into agricultural land in Lantung District, Sumbawa Regency. This research is an empirical normative legal research which was analyzed using qualitative descriptive analysis. Based on the results of research, the Lantung District community transferred forest functions due to economic factors, lack of employment opportunities, customary rights, no forest protection and no legal process. The process of transferring forest functions by clearing land which causes its status as illegal cultivation rights and status as property rights. It is hoped that the Sumbawa District Forestry Service will carry out strict supervision of the forest.
Tentang Pertanggungjawaban Dealer Dalam Perjanjian Jual Beli Sepeda Motor Pada PT. SPS Motor Honda Ahmad Maulana Rizki; H. Zaenal Arifin Dilaga
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.158 KB) | DOI: 10.29303/prlw.v2i2.1126

Abstract

This study aims to determine the dealer’s responsibility if there is a hidden defect of the goods claimed by the buyer at PT. SPS Motor Honda. Furthermore, this study aims to analyze the internal and external factors constrain the parties in the motorcycle sale and purchase agreement at PT. The seller and the buyer carried out SPS Motor Honda. This type of research is empirical normative legal research. The results of this study showed that the dealer’s responsible in the case of a hidden defect of the goods claimed by the buyer. The internal and external factors constrain the parties in the motorcycle sale and purchase agreement at PT. SPS Motor Honda. The solutions done by PT. SPS Motor Honda if internal and external factors become obstacles in the motorcycle sale and purchase agreement and a hidden defects that consumers claim, then PT, SPS Motor Honda prioritizes the principle of deliberation/consensus with the aim of customer satisfaction and comfort as well as maintaining the good name of PT. SPS Motor Honda.
Tinjauan Hukum Pelaksanaan Izin Pinjam Pakai Gor Mampis Rungan Antara Pihak Pengelola Dengan Masyarakat: Studi Di Kabupaten Sumbawa Atika Maulina Yuniasrah; Arief Rahman
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.763 KB) | DOI: 10.29303/prlw.v2i2.1127

Abstract

This research aims to find out process of lending-to-use permit of GOR Mampis Rungan Sumbawa Regency and liability of borrower party if the event of a default in the loan-to-use agreement of GOR Mampis Rungan. The method of this research is empirical legal research. The result of this research shows that the process of borrowing and using GOR Mampis Rungan, namely the prospective borrower submits a application letter for borrowing the GOR to Department of Youth, Sports and Tourism, after that it will be processed and analysis by the sport sector. If it has been approved a loan permit will be issued. If there is a default in the lending the loan-to-use agreement of GOR Mampis Rungan, Sumbawa Regency, namely in the form of compensation both material and non-material.
Pengangkatan Anak Pada Masyarakat Di Kabupaten Bima Ditinjau Menurut Peraturan Pemerintah Nomor 54 Tahun 2007 Isdiatul Islamiah; Sahruddin Sahruddin
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.276 KB) | DOI: 10.29303/prlw.v2i2.1160

Abstract

This study describes most children adoption practices in Bima Regency, reviewed from Government Regulation No 54 of 2007. It also identifies factors preventing the process according to the regulation from being practiced. This study is an empirical one. Results of this study show that the most children adoption practices in Bima Regency are not according to the regulation. Most foster parents do not submit the adoption application to the court. Thus, the adoption is legally invalid. The lack of legal awareness is the factor preventing the legal adoption practice.
Tinjauan Yuridis Pembagian Harta Perkawinan Menurut Hukum Islam Dan Hukum Perdata : Studi Kasus Putusan Nomor; 0752/Pdt.G/2015/PA.JB Novitaningsih Dwi Trisnawati; M. Yazid Fathoni
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (362.793 KB) | DOI: 10.29303/prlw.v2i2.1161

Abstract

This study aimed to find out the marriage wealth distribution based on Islamic law and Civil law in verdict number 0752/Pdt.G/2015/PA.JB. The research used a normative research method with the law, conceptual, and case approaches. The research results of the judge's decision decided that the plaintiff's lawsuit was partially granted by stating that the plot of land and the building that became the object of the lawsuit was the defendant's innate property while the cost of renovating the house was the plaintiff's innate property. The object of dispute in this lawsuit was not Joint Property (Gono-Gini) because of Article 35 of Law Number 1 of 1974 jo, Article 1 letter (f) Compilation of Islamic Law, which meant the joint property was wealth obtained from husband and wife during their marriage bond. The distribution of marital wealth could be determined otherwise if both parties had a marriage agreement, either before or after the marriage took place. The marriage agreement was made in writing and ratified by the marriage registrar or notary. This marriage agreement applied as law for those who created it and also applied to third parties as long as they were involved.
Analisis Yuridis Cerai Gugat Dengan Alasan Perselingkuhan Di Pengadilan Agama Praya Kabupaten Lombok Tengah: Studi Putusan PA Praya Nomor 1071/PD.G//2020/P1.Pra Lale Dita Ayu Liantari; Sahruddin Sahruddin
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (387.276 KB) | DOI: 10.29303/prlw.v2i2.1162

Abstract

This research’ aims are to know Islamic law and positive law perspectives on the verdict of Praya Islamic Court Number 1071/Pdt.G/PA.Pra on divorce because of an affair also to know judge’s consideration in the verdict Number 1071/Pd.G/2020/PA.pra Praya Islamic Court, Central Lombok whether if it has been align with the binding laws. This research applies normative legal research. research’ result shows that according to Indonesian positive laws and Islamic Compilation Law also judge’s consideration reviewed with Law Number 1 of 1974 on Marriage Article 39 letter (f), and Article 115 and 116 Islamic Compilation Law .
Tinjauan Yuridis Penarikan Kendaraan Bermotor Akibat Dari Kredit Macet: Studi Kasus Adira Finance Cabang Mataram Novi Zanta Putri Dalla; Shinta Andriyani
Private Law Vol. 2 No. 2 (2022): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (472.747 KB) | DOI: 10.29303/prlw.v2i2.1165

Abstract

The purpose of this study is to find out the dispute resolution for bad credit in the finance company that implemented in Adira Finance, and find out the procedure the Motor Vehicle Withdrawals based on the agreement between consumers and finance company. This research uses normative and empirical legal research methods, which use the statute approach, the conceptual approach, and the sociological approach. Based on the result of this study, the researcher has concluded that the fiduciary registration is regulated in Article 11 until the Article 18 Act Number 42 of 1999 concerning the Fiducia Guarantee. Based on Article 11 Act of Fiduciary, the fiduciary object should be registered. The registration of the Judiciary Guarantee has been registered by a creditor, the party by power of attorney, or the other parties. Furthermore, the Adira Finance dispute resolution has implemented a warning letter to the debtor either formally or non-formally. A written warning is formally called a summons.

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