Private Law https://journal.unram.ac.id/index.php/privatelaw <p>Privatelaw</p> en-US rahmawatikusuma@unram.ac.id (Rahmawati Kusuma, S.H., M.H) baiqaini@unram.ac.id (Baiq Nurul Aini, S.T) Thu, 09 Jun 2022 01:43:52 +0000 OJS 3.1.2.4 http://blogs.law.harvard.edu/tech/rss 60 Analisis Yuridis Pemberian Izin Poligami Karena Istri Tidak Memenuhi Kebutuhan Batin https://journal.unram.ac.id/index.php/privatelaw/article/view/1119 <p>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&nbsp;&nbsp;&nbsp; or jurisprudence and it serves as a reference to similar research. &nbsp;This is a normative legal research. The data of this research is collected through a literature study.&nbsp; This research finds out that according the Article 4 paragraph&nbsp; (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&nbsp; 4&nbsp; paragraph&nbsp; (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&nbsp; 4&nbsp; paragraph&nbsp; (2) of The law No. 1 of 1974 concerning marriage.</p> Ni Wayan Girisawitri, Diangsa Wagian Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1119 Wed, 08 Jun 2022 05:51:50 +0000 Akibat Hukum Terhadap Wanprestasi Dalam Perjanjian Pemeliharaan Burung Walet Di Labuhan Lombok https://journal.unram.ac.id/index.php/privatelaw/article/view/1120 <p><em>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.</em></p> Septina Indi Huwaida, Salim HS Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1120 Wed, 08 Jun 2022 06:35:42 +0000 Analisis Yuridis Putusan Pengadilan Agama Tingkat Pertama Terhadap Perkara Cerai Talak dan Akibat Hukumnya https://journal.unram.ac.id/index.php/privatelaw/article/view/1121 <p><em>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</em>.</p> Rizki Ananda Soleha, Lalu Hadi Adha Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1121 Wed, 08 Jun 2022 06:37:02 +0000 Analisis Hukum Pengalihan Fungsi Hutan Menjadi Tanah Pertanian https://journal.unram.ac.id/index.php/privatelaw/article/view/1125 <p><em>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.</em></p> Rizki Yoga Febriyan, H. Arba Arba Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1125 Wed, 08 Jun 2022 06:37:59 +0000 Tentang Pertanggungjawaban Dealer Dalam Perjanjian Jual Beli Sepeda Motor Pada PT. SPS Motor Honda https://journal.unram.ac.id/index.php/privatelaw/article/view/1126 <p><em>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. </em></p> Ahmad Maulana Rizki, H. Zaenal Arifin Dilaga Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1126 Wed, 08 Jun 2022 06:39:02 +0000 Tinjauan Hukum Pelaksanaan Izin Pinjam Pakai Gor Mampis Rungan Antara Pihak Pengelola Dengan Masyarakat https://journal.unram.ac.id/index.php/privatelaw/article/view/1127 <p><em>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.</em></p> Atika Maulina Yuniasrah, Arief Rahman Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1127 Wed, 08 Jun 2022 06:39:58 +0000 Pengangkatan Anak Pada Masyarakat Di Kabupaten Bima Ditinjau Menurut Peraturan Pemerintah Nomor 54 Tahun 2007 https://journal.unram.ac.id/index.php/privatelaw/article/view/1160 <p>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.</p> Isdiatul Islamiah, Sahruddin Sahruddin Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1160 Wed, 08 Jun 2022 06:40:51 +0000 Tinjauan Yuridis Pembagian Harta Perkawinan Menurut Hukum Islam Dan Hukum Perdata https://journal.unram.ac.id/index.php/privatelaw/article/view/1161 <p><em>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.&nbsp; This marriage agreement applied as law for those who created it and also applied to third parties as long as they were involved.&nbsp;&nbsp;&nbsp;&nbsp; </em></p> Novitaningsih Dwi Trisnawati, M. Yazid Fathoni Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1161 Wed, 08 Jun 2022 06:41:43 +0000 Analisis Yuridis Cerai Gugat Dengan Alasan Perselingkuhan Di Pengadilan Agama Praya Kabupaten Lombok Tengah https://journal.unram.ac.id/index.php/privatelaw/article/view/1162 <p>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 .</p> <p>&nbsp;</p> Lale Dita Ayu Liantari, Sahruddin Sahruddin Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1162 Wed, 08 Jun 2022 06:42:44 +0000 Tinjauan Yuridis Penarikan Kendaraan Bermotor Akibat Dari Kredit Macet https://journal.unram.ac.id/index.php/privatelaw/article/view/1165 <p><em>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.&nbsp; 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.</em></p> Novi Zanta Putri Dalla, Shinta Andriyani Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1165 Wed, 08 Jun 2022 06:44:06 +0000 Pengaturan dan penerapan Tunjangan Hari Raya Berdasarkan Surat Edaran Menteri Ketenagakerjaan Nomor M/6/Hk.04/IV/2021 https://journal.unram.ac.id/index.php/privatelaw/article/view/1167 <p><em>This research aims to find out the implementation of religious holiday allowance to the labor based on the law, and the implementation of religious holiday allowance to the labors at Permata Hati Maternal and Child Hospital based on the Circular of the Minister of Manpower Number M/6/HK.04/IV/2021. The method of this research is empirical legal research using statute, conceptual, and sociological approaches. The data have been used in this research is primary and secondary data. The result of this research shows that healthy private company of Permata Hati Maternal and Child Hospital in Mataram City implementing religious holiday allowance based on the Government Regulation Number 36 of 2021 Concerning Wages which is regulated in Article 8 paragraph 1 and Article 9, Ministerial Regulation No. 6 of 2016 concerning the implementation of Religious Holiday Allowance, and the Circular of the Minister of Manpower Number M/6/HK.04/IV/202. Company provides allowances with the deadline systems, 7 days before Eid al-Fitr through bank account or direct face to face and the company provide benefit to labors in accordance with Regulation of the Minister of Manpower in force. </em></p> Muhamad Sapoan, Lalu Hadi Adha Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1167 Wed, 08 Jun 2022 07:32:36 +0000 Pertimbangan Hukum Dalam Mengabulkan Permohonan Wali Adhal Di Pengadilan Agama Sumbawa Besar https://journal.unram.ac.id/index.php/privatelaw/article/view/1168 <p><em>This study aims to determine the legal considerations used by the judge in Determination Number 135/Pdt.P/2021/PA.Sub in granting the petition for wali adhal (the guardian who refuses to marry off his daughter), and the legal consequences of the guardian adhal determination. This research uses the normative method. The data analysis technique used in this research is qualitative data analysis. The results of this study showed that one of the judges' basic considerations in determining wali adhal was the refusal of the wali nasab (the guardian who has blood relation) to marry off the applicant with his prospective husband not based on law.&nbsp; The legal consequences arising from the wali adhal determination were the transfer of guardianship from the wali nasab to the guardian judge, namely the District Religious Affairs Office official as marriage registrar in their area.</em></p> Anita Nabila Nurdiansari, Rahmawati Kusuma Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1168 Wed, 08 Jun 2022 23:49:07 +0000 Perjanjian Kerjasama PT. BRI Kantor Cabang Mataram Dengan Agen BRI Link Dalam Pencairan Bantuan Sosial PKH Di Kecamatan Gerung https://journal.unram.ac.id/index.php/privatelaw/article/view/1169 <p><em>This research aims to find out and explain cooperation agreement between BRI Bank and BRILINK Agent in distributing Social Security PKH and legal relationship, implementation procedure, and obstacles of cooperation agreement through BRILink Agent. The method of this research is normative-empirical legal research. The result of this research shows that legal relation between BRI Bank and BRIlink Agent is based on agency agreement that bound both parties. The implementation procedure of the cooperation agreement is conducted by contract, based on cooperation agreement procedure of disbursemant social security of PKH is executed by the BRILink Agent. There are several obstacles which are faced in cooperation agreement in disbursement social security PKH that consist of technical obstacles and many account number from PKH recipient community which is blocked. </em></p> Wawan Satriawan, Wiwiek Wahyuningsih Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1169 Thu, 09 Jun 2022 00:00:51 +0000 Pelaksanaan Hak Dan Kewajiban Terhadap Pekerja/Buruh Di Pt.Semen Indonesia Distributor Lombok Berdasarkan Undang-Undang Nomor 13 Tahun 2003 Dan Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja https://journal.unram.ac.id/index.php/privatelaw/article/view/1170 <p><em>This study aims to determine how the rights and obligations of workers/laborers in PT. Semen Indonesia Distributor Lombok in terms of Law Number 13 of 2003 concerning Manpower and Law Number 11 of 2020 concerning Job Creation and to find out factors that hinder the implementation of the rights and obligations of workers/ laborers who work at PT. Semen Indonesia Distributor Lombok. This research is an empirical normative legal research. This study concludes that the implementation of workers' rights has been carried out well. However, there are also workers' rights that are still not maximized, namely the right to social security for non-permanent workers, and regarding occupational health and safety (K3), it is necessary to have stricter regulations and supervision. from related parties in order to achieve a balance between the rights and obligations of workers.</em></p> Lalu Gilang Arnawa, H. Zaeni Asyhadie Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1170 Thu, 09 Jun 2022 00:03:24 +0000 Analisis Yuridis Perjanjian Kawin Dalam Perkawinan Campuran https://journal.unram.ac.id/index.php/privatelaw/article/view/1171 <p>This study aims to analyze the basis of the judge's legal considerations associated with the determination of the Malang District Court Number 599/Pdt.P/2017/PN.Mlg &nbsp;and the making a marriage agreement according to Law no. 1 of 1974 concerning Marriage and the Constitutional Court Decision No. 69/PUU-XIII/2015. This type of research is normative research with a statutory approach (Statue Approach), a conceptual approach (Conceptual Approach), and a case approach (Case Approach) and uses qualitative analysis. The results of this study, the basis of the judge's legal considerations in Decision Number 599/Pdt.P/2017/PN.Mlg is due to the marriage agreement deed made before a Notary based on the Constitutional Court Decision Number 69/PUU /XIII/2015, &nbsp;&nbsp;&nbsp;that the marriage agreement can be made after the marriage performed. While the time of making the marriage agreement based on the Constitutional Court Decision No. 69/PUU-XIII/2015 stipulates that the marriage agreement can be made before it is held or during the marriage bond can and ratified by the Marriage Registrar or Notary.</p> <p>&nbsp;</p> Ramona Milenia Rohadi, M. Yazid Fathoni Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1171 Thu, 09 Jun 2022 00:13:49 +0000 Tinjauan Yuridis Praktek Pengalihan Piutang (Cessie) Di Bank Bukopin Cabang Mataram https://journal.unram.ac.id/index.php/privatelaw/article/view/1172 <p style="margin: 0cm; text-align: justify;"><em>This research has the purpose to find out the cessie implementation at Bukopin Bank Mataram Branch, the legal consequences and find out wether the cessie implementation at Bukopin Bank Mataram branch is according with Article 613 Indonesia Civil Code. This research uses normative-empirical legal research method namely the research method combined the normative elements ( legislation or juridical) and adding with fiel data or empirical elements. Cessie is a transferring accounts receivable and another intangible thing by an authentic deed or non-authentic deed. This is make the transfered of property right occurred to other legal subject. In this research, the cessie implementation is according with Article 613 Indonesia Civil Code, because with authentic deed and the mortgage have been registered. The legal consequence for the cange of creditor position is the mortgage and the other billing rights moving also to the new creditor.</em></p> Maharani Alika Novita Sari, Aris Munandar Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1172 Thu, 09 Jun 2022 00:48:07 +0000 Perlindungan Hukum Terhadap Tenaga Kerja Wanita Harian Lepas https://journal.unram.ac.id/index.php/privatelaw/article/view/1173 <p><em>This study aims to determine the legal protection of daily female laborers at PT. Rinjani Tirta Abadi in Aik Berik Village in terms of Law Number 13 of 2003 concerning Manpower. A female worker is a woman who works for wages or other forms of remuneration. Daily laborers are workers or laborers who work for entrepreneurs to carry out certain jobs that can vary in terms of time and volume of work by receiving wages based on the daily attendance of workers. The type of research used in this study is empirical legal research with a sociological juridical approach and uses primary legal sources obtained from field data and interviews. Law Number 13 of 2003 concerning Manpower has provided regulations regarding the rights of women workers. Based on the formulation of the problem and the purpose of this study, namely, to analyze further how the legal protection arrangements for daily workers at PT. Rinjani Tirta Abadi, and to find out the implementation of protection for daily female workers based on Law No. 13 of 2003 concerning Manpower.</em></p> Renda Hizanatul Ulumi, Any Suryani Hamzah Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1173 Thu, 09 Jun 2022 00:55:54 +0000 Perlindungan Hukum Dan Jaminan Sosial Bagi Pekerja Migran Di Indonesia Menurut Hukum Positif Indonesia https://journal.unram.ac.id/index.php/privatelaw/article/view/1174 <p>This study aims to determine the legal protection and social security for migrant worker in Indonesia under Indonesia positive law and to determine&nbsp; the protections for migrant worker in their occupancy period. This study using normative method, and using qualitative analyze method. Result of this study showed that one of the efforts of Indonesia government to protect migrant worker is giving&nbsp; social security for migrant worker pursuant to Indonesian law. This social security given to the migrant worker in their occupancy period.</p> Bayu Prawira Putra Haryawan, Any Suryani Hamzah Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1174 Thu, 09 Jun 2022 01:32:23 +0000 Perlindungan Pekerja Migran Pada Masa Pra Penempatan Berdasarkan Peraturan Pemerintah Indonesia Nomor 59 Tahun 2021 Tentang Pelaksanaan Perlindungan Pekerja Migran Indonesia https://journal.unram.ac.id/index.php/privatelaw/article/view/1175 <p>This research aims are to know how is the form of legal protection for Indonesian migrant workers in the pre-placement time according to the government regulation Number 59 of 2021, and also to know tasks and responsibilities of central and local government in the protection Indonesian migrant worker. This work was normative legal research in which the data were analyzed qualitatively. Result of this study shows that Indonesian government has been conducting all efforts to protect the migrant worker, one of them are protecting them in the pre-placement time, also it is tasks and duties of central and local government.</p> Aryawan Arham, Rahmawati Kusuma Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1175 Thu, 09 Jun 2022 01:33:34 +0000 Tinjauan Yuridis Terhadap Perjanjian Pinjam Meminjam Pada Shopee Paylater Menurut Hukum Kontrak https://journal.unram.ac.id/index.php/privatelaw/article/view/1176 <p><em>This research aims are to know and to analyze implementation of loan agreement in the shopeepaylater according to Indonesian contract law and also to know forms of legal protection for both parties in such agreement. Applied method in this work was normative legal research. According to research’s result it can be known that in the shopeepaylater the borne agreement according to acceptance principle which debtor finish read standard clauses and accept it by filling the form and send it to the creditor. </em><em>Agreement in the shopeepaylater will ended after the debtor finish their obligation is pay all the agreed instalment. Preventive legal protection is a legal protection which aims to prevent the dispute. Represive legal protection is legal protection which aims to resolve the occurred dispute. </em></p> Restu Septiana Berlian, Aris Munandar Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1176 Thu, 09 Jun 2022 01:35:13 +0000 Tinjauan Yuridis Pengakuan Terhadap Anak Diluar Kawin https://journal.unram.ac.id/index.php/privatelaw/article/view/1179 <p><em>This research aims are to know judge’s legal consideration and its legal consequences on the recognition of out of marriage children according to the decree number </em><em>89/Pdt.P/2015/PN.Klaten. This research was conducted in normative legal research which applied statute and conceptual approaches. according to research’s result, it is found several things as follow, first of all, judge’s legal consideration in the form of written evidences national identification, marriage deed, birth deed and family card (2). witnesses are consist of two people, and (3). Article 49 paragraph (1) Law Number 23 of 2006 on Citizens Administration. Secondly, legal consequences of parent recognition creates rights and duties between child and parents, thus out of marriage children has civil relations with their parents. </em></p> <p><em>&nbsp;</em></p> Ratu Agung Ayu Sasmita Dewi, Daingsa Wagian Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1179 Thu, 09 Jun 2022 01:37:22 +0000 Pengelolaan Tanah Pecatu Desa Dengan Sistem Perjanjian Bagi Hasil Di Kecamatan Masbagik Kabupaten Lombok Timur https://journal.unram.ac.id/index.php/privatelaw/article/view/1183 <p><em>This research has the purpose to find out the mechanism of The Pecatu village land management with a profit-sharing agreement system in Masbagik sub-district, and find out their rights and duties to all parties in the Pecatu village land in Danger Village, Mas Bagik Sub-district have been failed.&nbsp;This research is an empirical legal research method and uses the statutory, sociologica, and conceptual, approach. From this research, the result of this study showed (1) The Pecatu village land management with a profit-sharing agreement system at Masbagik followed the norms in Act Number 2 of 1960 concerning the profit-sharing agreement and not again followed adat law. (2) if in the Pecatu village land has failed in the harvest, the parties are still doing whatever their rights and their duties based on the written agreement they are made, and all their loss in this agreement is a risk for the village government.</em></p> Rialdi Isna Falah, Arief Rahman Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1183 Thu, 09 Jun 2022 01:38:14 +0000 Pemutusan Hubungan Kerja Disebabkan Karena Adanya Program Rekonstruksi Tenaga Kerja (RTK) Pada Perusahaan PT. Amman Mineral Nusa Tenggara https://journal.unram.ac.id/index.php/privatelaw/article/view/1184 <p><em>The purpose of this study is to find out the judge’s legal consideration when deciding on the termination of work agreement based on positive law in Indonesia and to find out the right of workers after the termination of work contract with the company. The research method in this research uses the juridical-normative research method. The result of this study showed that the judges in the court had decided on the termination of the work contract between PT. Amman Mineral Nusa Tenggara (PT. AMNT with their six workers based on Article 1 paragraph 15 and Article 164 paragraph 3 Act Number 13 of 2003 concerning Manpower. The implementation of Article 1 Number 15, in this case, is correct, whereas the implementation of Article 164 paragraph 4 is rather not correct,&nbsp;because the Indonesia Constitution Court had decided this article contrary to Indonesia National Constitution in the Case Number: 19/PUU-IX/2011 20 June 2012. The workers’ rights that they have after the termination of the work contract are in the form of severance pay, service pay, and compensation for workers’ rights based on Industrial Work relation Court in Mataram National Court Number 15/Pdt.Sus-PHI/2018/PN.Mtr. This court decision is according to Article 156 Act Number 13 of 2003 concerning Manpower.</em></p> Opi Susanti, H. Zaeni Asyhadie Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1184 Thu, 09 Jun 2022 01:39:05 +0000 Perlindungan Hukum Bagi Kreditur Dalam Hal Debitur Meminjamkan Objek Jaminan Fidusia Kepada Pihak Ketiga https://journal.unram.ac.id/index.php/privatelaw/article/view/1187 <p><em>Fiduciary is one of the material guarantees known in Indonesian law. In the fiduciary agreement, goods used as objects of fiduciary security are still&nbsp; under control of the debtor and it cannot be controlled by creditor, so in this case, transfer of ownership without physically. Debtor must have good faith in maintaining the object carefully. The method of this research is normative legal research. The result of this research shows that legal protection for creditor consists of two ways namely preventive legal protection and repressive legal protection. Preventive legal protection is inclusion of prohibition clause for debtors to lend of the object of fiduciary to third party without the approval of creditor. Repressive legal protection where creditor can file a lawsuit to the court according to domicile. In Article 23 of Law No. 42 of 1999 concerning Fiduciary stated that debtor is prohibited from transferring, mortgaging, or leasing to other parties of the object of fiduciary which are not inventory items, except prior written approval from creditor. </em></p> Denny Imaduddin Akbar, H. Zaenal Arifin Dilaga Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1187 Thu, 09 Jun 2022 01:39:58 +0000 Akibat Hukum Perceraian Pernikahan Yang Diisbatkan Terhadap Hak Asuh Anak Menurut Hukum Islam (KHI) Dan Undang-Undang Perkawinan https://journal.unram.ac.id/index.php/privatelaw/article/view/1188 <p><em>This research aims to find out legal consequences of divorce in isbat marriage according to Islamic law compilation and Marriage Law and to know the custody after divorce in isbat marriage. The method of this research is normative legal research. Data analytical technique that has been used in this research is qualitative. The result of this research shows that legal consequences of divorce in isbat marriage are former husband or wife that must look after and educate their children, having right to share the property and inheritance. On the other hand, the custodian to the children before adult (mumayyiz) is in their mother and after adult the children have right to choose their custodian. </em></p> Muhammad Yusril Alawi, Wiwiek Wahyuningsih Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1188 Thu, 09 Jun 2022 01:40:50 +0000 Tinjauan Yuridis Perjanjian Kerjasama Dalam Layanan Jasa Kontraktor Antara PT. Permata Karya Lombok Dengan PT. Jaya Raharja https://journal.unram.ac.id/index.php/privatelaw/article/view/1189 <p><em>This study aims to determine the implementation procedures and the parties' responsibilities in the event of a breach of contract in the contracting service cooperation agreement between PT.Permata Karya Lombok and PT.Jaya Raharja. This study uses empirical normative legal research. The study results indicate that (1) the procedure for implementing the cooperation agreement is based on the principle of freedom of contract. It means that both parties are free to determine the agreement's contents without interference from other parties. It is not prohibited by law</em><em>.</em><em>(2) The parties' responsibility in the event of a breach of contract is the settlement by negotiation or bargaining concerning the interests of dispute resolution to reach an agreement.</em></p> Abdul Jihad, Eka Jaya Subadi Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1189 Thu, 09 Jun 2022 01:41:39 +0000 Penyelesaian Pertanggungjawaban Kelalaian Pihak Kontraktor Dalam Pembangunan Villa https://journal.unram.ac.id/index.php/privatelaw/article/view/1190 <p><em>This research aims to find out the form of liability of the service provider for the development failure and legal consequences of service provider which was acted default in construction agreement due to not conducting the obligation which was written in the letter of agreement. The method of this research is normative legal research using statute, conceptual, and case approaches. In the legal relationship between plaintiff and defendant show that good faith to accomplish the building in 100% in 12 months and 10 days by following the construction agreement. </em></p> Mutiara Rizkiandini Putri, Djumardin Djumardin Copyright (c) 2022 Private Law https://journal.unram.ac.id/index.php/privatelaw/article/view/1190 Thu, 09 Jun 2022 01:42:20 +0000