Damhil Law Journal
Damhil Law Journal (DLJ) is a peer-reviewed journal published biannually (May and November) by the Postgraduate Program, Master of Laws, Universitas Negeri Gorontalo. DLJ is intended to be the journal for publishing results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to Private law, Civil Procedural Law, Economic Law, International Private Law, Tax law, Islamic law, Commercial Business Law, Trade law, Constitutional law, Administrative law, in the framework of Indonesian civil legal systems and Indonesian legal studies.
Articles
29 Documents
<![CDATA[Ex Aequo et Bono as a Manifestation of Legal Justice for Society ]]>
<![CDATA[Arsha Nurul Huda]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 2 November 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i2.1039
<![CDATA[One of the principles that can be taken by judges as part of the implementation of the freedom of judges in the enforcement of the verdict is by the way of applying the principle et aequo et bono. The application of the principle of ex aequo et bono still invites a lot of debate. Furthermore, the existence of the principle ex aequo et bono is sometimes considered Contrary to the arrangement of the ultra petita principle.This research aims to identify the existence of the principle of ex aequo et bono in civil event law in Indonesia and analyze its application practices to find out how the implications of applying the principle in the fulfillment of justice for society. The research was conducted by approaching the legislation and consideration of judges using primary legal materials in the form of Law No. 48 of 2009 on Judicial Power and secondary legal materials in the form of written works relevant to the application of the principle of ex aequo et bono to be analyzed comprehensively.The results showed that the application of the principle of ex aequo et bono is basically a juridical act that has a legal basis and the Judge remains bound by the terms of speech. The application of the principle of ex aequo et bono provides an opportunity for judges to perform ex officio actions based on the view of justice so that the judge's decision serves as a counterweight that is not only limited to deciding the case, but also resolving the problems that have been filed.]]>
<![CDATA[Form of Judge's Consideration Against Dispensation Early Marriage ]]>
<![CDATA[Abdul Rahman A. Ali]]>;
<![CDATA[Fenty U. Puluhulawa]]>;
<![CDATA[Lusiana M. Tijow]]>
<![CDATA[ Damhil Law Journal Volume 1 Issue 2 November 2021 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i2.1094
<![CDATA[The study aims to analyze the judgment of judges in granting early marriage dispensation at the Gorontalo Religious Court. This research belongs to the type of normative legal research with a statutory approach and a case approach. The data analysis technique used in this research is using qualitative data analysis. The results of this study show that the considerations of judges are classified into two, namely legal considerations and considerations of community justice. The negative impact arising from marriage under the age of marriage dispensation is: Husband and wife who marry under the age of age are prone to divorce; In terms of reproductive health prone to death in children and mothers; There will be a to poor; There is child exploitation. Positive Impact on the establishment of early marriage dispensation is: Useful to continue the chain of offspring; Can maintain and maintain the genitals; It can make Muslims more responsible; The achievement of peace and tranquility between husband and wife; Marriage plays a role in helping to maintain people's lifestyle.]]>
<![CDATA[Dispute Settlement Model of Land Acquisition for Public Interest ]]>
<![CDATA[Julia Citra Riski Bokings]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1247
<![CDATA[This study aims to analyze obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency, as well asformulatethe ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency. This type of research uses empirical research, by using a statutory approach, a conceptual approach, and a case approach. Sources of data used are primary data and secondary data. The data that has been completed is analyzed using qualitative descriptive. Based on the research results that have been described, there are several findings in this study, namely (1)There are obstacles in resolving conflicts over land acquisition for public interest in Pohuwato Regency. The first obstacle is related to legal factors where in terms of legal substance, there is a regulation on the use of consignments as a safe-keeping of compensation private law provisions which shift to public law provisions. And the second obstacle is the determination of compensation, which should be based on an agreement with the land owners, turned out to be unilaterally determined by the Land Procurement Committee. estimate the amount of compensation for the holders of land rights.(2) The ideal model for resolving conflicts over land acquisition for the public interest in Pohuwato Regency, namely the non-adjudication settlement model, namely through deliberation where all parties involved carry outactivities that involve listening to each other, giving and receiving mutual opinions, as well as a desire to reach an agreement on the form and amount of compensation and other issues related to land acquisition activities on a voluntary basis. As well as a settlement model by adjudication or through a court route, where the Court has the authority to decide the amount and form of loss given to the holder of land rights whose rights are affected by land acquisition for development in the public interest.]]>
<![CDATA[Positive Fictional Authority Legislative Ratio in Government Administration Laws and Job Creation Laws ]]>
<![CDATA[Iqbal Mustapa]]>;
<![CDATA[Zamroni Abdussamad]]>;
<![CDATA[Mellisa Towadi]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1726
<![CDATA[This study aims to determine the causes of the low fulfillment of wife and children's income after divorce and the efforts that can be made to optimize the fulfillment of wife and children's income, especially in divorce cases. The research method used is normative with a case approach (statute approach) and a conceptual approach. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the SEMA which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation. The results of the study show that the percentage of women's and children's rights in religious courts has a very low percentage, so it is necessary for judges to use their ex officio rights massively for the optimal fulfillment of women's and children's rights. In addition, the position of the Sema which is considered to be a guideline or policy and does not have strong binding power, it is necessary to have rules recognized by the national legislation formation system, preferably in the form of a Supreme Court Regulation or Government Regulation.]]>
<![CDATA[Responsibilities of PT. Bumi Putera Insurance Against Customer Claims Due to Default Actions ]]>
<![CDATA[Silvana Lukum]]>;
<![CDATA[Mutia Cherawaty Thalib]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1739
<![CDATA[Insurance is the choice for customers in Gorontalo Province. Why is that based on the basic assumption that by insuring the company PT. Bumi Putra Gorontalo Branch will make it easier for customers to send their children to college. However, this hope vanished when many customers of PT. Bumi Putra Gorontalo Branch had problems after maturity and when submitting claims to the insurance company PT. Bumi Putra Gorontalo Branch, the insurer denied insurance payments for tertiary education for children who were insured who were not provided in accordance with the agreement in the PT.Bumi Putra insurance policy. The method used in this research is this type of research is empirical justice research, in other words it is a type of sociological legal research, also called field research. or law in action studies, which are seen from their nature including qualitative research. This legal research is studying the behavior of the people who are influenced by the existence of a rule or the behavior of the people that influences the formation of a rule based on primary and secondary data. Other studies that use inductive logic analysis describe a qualitative approach. Based on the results of the study, the insurance company PT. Bumi Putra, Gorontalo branch, had defaulted on customers in Gorontalo province, but the insurance company, PT. Bumi Putra, the Gorontalo branch, denied that it had not acted in default, but said customers would fulfill their obligations according to what agreed in the insurance policy with the customer.]]>
<![CDATA[Determinant Factors for Delays in Settlement of Gono-Gini Asset Disputes ]]>
<![CDATA[Silvani Nur Rahmat Lukum]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1740
<![CDATA[This article discusses the highest factors that hinder the resolution of disputes over mixed assets. The determinant factors that impede the implementation of the religious court's decision on the resolution of disputes over arbitrary assets in the City of Gorontalo to those who apply for the separation of arbitrary assets are internal and external factors. Internal factors include obstacles; the lack of human resources for judges at court, as well as the knowledge of judges in resolving cases where the wife who is more dominantly working earns income while the husband does not work. In this case the judge uses the principle of justice by determining that the ex-wife gets ¾ of the share while the ex-husband gets ¼ of the share. External factors include: Partners between ex-husbands and ex-wives are not willing, do not accept, or do not agree with the results of the decision from the court. The approach used in writing this article is empirical juridical with a case study approach. Based on the data found in this article, the highest factor in the delay in resolving disputes over Gono-Gini assets is disagreement between ex-husbands and ex-wives over the decision of the Class IA Gorontalo Religious Court.]]>
<![CDATA[Legal Protection Perspective of Underage Marriage ]]>
<![CDATA[Ayu Asmara]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 2 November 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v2i2.1743
<![CDATA[In Indonesia, when it comes to marriage, it is regulated that the legal age limit for marriage is 19 years for men and 16 years for women. The purpose of this study is to determine the perspective of legal protection for underage child marriages. This study uses normative juridical research methods, prioritizing secondary data in the form of primary legal materials originating from laws and regulations related to the studies discussed, and using relevant literature. As for the results in this study, namely from the perspective of the Marriage Law, the result of underage marriage is clearly contrary to the purpose of marriage. With the existence of underage marriages, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Regulations for Implementing Law Number 1 of 1974, are less effective. Given the existence of underage marriages, there are many cases of divorce because these marriages are carried out by children who are still underage, so they have not been able to fully carry out the objectives of the marriage stated in the statutory regulations.]]>
<![CDATA[The Consequences of Contract Marriage Law on the Position of Wives, Children, and Wealth in the Perspective of Islamic Law ]]>
<![CDATA[Jitha Lumingkewas]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 2 November 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v2i2.1744
<![CDATA[This article discusses the highest factors that hinder the settlement of property disputes. The legal status of contract marriages according to Islamic law, a marriage is said to be valid if it meets the requirements for a valid marriage and is carried out according to religion and belief, this is based on Article 2 of Law Number 1 of 1974 and Article 4 Islamic Law Compilation. Or in other words marriage is legal according to Islamic law if it fulfills the marriage requirements. The legal status of contract marriages in an unregistered marriage when viewed from Law Number 1 of 1974 concerning marriages does not have permanent law, because contract marriages are a form of marriage that is not registered so that it cannot be proven by an authentic certificate in the form of a marriage certificate. In this writing, the author uses a normative research method in which this method is a legal research method that is carried out by examining library materials or secondary data. Legal arrangements for contract marriages (mutah marriage) in the perspective of the Marriage Law are illegal marriages and have no legal force, as a result the contract marriage law for the position of wife and children is that the wife must carry out all obligations as a wife and child status. who was born illegitimate, because the marriage of his parents was not recorded in a legal marriage. If the marriage ends in a contractual marriage, there is no distribution of assets, even though assets were produced during the marriage. In addition, there is no inheritance right from the contract wife to the contract husband.]]>
<![CDATA[Illegal Fintech Lending (Review of Financial Services Authority Regulation Number: 77/Financial Services Authority.01/2016) ]]>
<![CDATA[Adnan Septian Ardhana]]>;
<![CDATA[Nur Mohamad Kasim]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 1 May 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v1i1.1749
<![CDATA[This study discusses the effectiveness of the application of the OJK Number: 77 / POJK.01/2016 concerning Information Technology-Based Money Lending Services. This study uses normative juridical research (normative law research). Normative juridical research refers to legal norms contained in legislation, Court decisions, legal theory and scholar's opinions and norms that exist in society. The approach used in the study is a normative juridical approach, then the approach taken in this paper is the approach to legislation, case approach and conceptual approach. In the study concluded that there are five (5) factors that cause the ineffectiveness of the application of this regulation are as follows; 1). Legal factors; 2). Law enforcement Factors; 3). Factors of law enforcement means; 4). Community factors; 5). Cultural factors.]]>
<![CDATA[Settlement of Land Use Rights Disputes of PT Lebuni Plantations and Shareholders through Non-Litigation Channels. ]]>
<![CDATA[Ferli Razak]]>;
<![CDATA[Weni Almoravid Dungga]]>;
<![CDATA[Julius T. Mandjo]]>
<![CDATA[ Damhil Law Journal Volume 2 Issue 2 November 2022 ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.56591/dlj.v2i2.1750
<![CDATA[Land is a gift that comes from God Almighty. Soil plays an important role for society and plants. one of which is realized by giving land rights to citizens for land farmers who play an important role in depending on their lives from crops. Land rights that have developed quite rapidly are Cultivation Rights. The usufructuary right contained in Law Number 5 of 1960 UUPA in Article 28 Paragraph 1 states that the usufructuary right is the right to cultivate land controlled by the state within a certain period of time for agricultural, fishery and fisheries businesses. The research aims to find the right solution for various land use conflicts, especially in optimizing the use of abandoned land. This solution is needed to avoid potential horizontal conflicts between communities, companies and the government.]]>
