197 research outputs found

    Proses Penyelesaian Perkara Kepemilikan Hak Atas Tanah Melalui Mediasi (Studi Kasus : Pengadilan Negeri Kebumen)

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    Ownership of land rights/land rights is the strongest and fulfilled right that is to show that among the rights to land owned by the people, the right of ownership is the strongest and fulfilled. Ownership of land rights owned by an individual/legal entity may cause a dispute if the acquisition is done in a way that is not true and harm the other party. The purpose of this study to determine the process of settlement of land ownership rights cases through mediasi.Metode method using the normative approach by finding and analyzing the findings of legal facts, especially related to the norms of legislation and jurisprudence. namely using secondary data derived from library research with accompanied primary data as supporting data sourced from field research and then analyzed by using qualitative data analysis method. The result of research and discussion show that disputes ownership rights over can be resolved through mediation in which the parties have agreed to bind themselves into the peace treaty then the Panel of Judges confirms it in a permanent and lawful law enforcement that the Plaintiffs and the Defendant must perform and comply with the decision imposed by the judges

    Tanggung Jawab Hukum terhadap Proses Pelaksanaan Perjanjian Sewa Menyewa Rumah Toko (Ruko)

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    The purpose of this research is to know the process of agreement and regulations relating to lease shop rental and the rights and obligations between the tenant and the party who rent and legal liability if one party made a mistake in the lease shop rental. This method of approach using normative approach method means to examine the kaedah - kaedah and legal principles and is descriptive meaning to explain about how the rule of law to lease shop rental agreement. Sources of data consists of primary data, namely legislation-legislation and secondary data namely primary and secondary legal data. Methods of data collection through literature study and field study (interview), then the data were analyzed qualitatively. The result of the research indicates that the process of renting shop must fulfill the administrative requirement of KTP, KK, marriage certificate/certificate of unmarried, copy of shop ownership certificate, shop facility attachment, IMB letter, SPPT PBB and legal requirement contained in article 1320 Civil Code. Rental lease agreements occur when both parties have agreed to conduct a shop rental lease so the agreement is a consensus agreement because after an agreement, there is a legal relationship between the two which then raises the rights and obligations, the tenant's right is the obligation of the party who leases and the right to lease is the obligation of the party of the tenant, so that obligation must be executed to get the right. Legal liability based on default will arise if it does not fulfill the obligation either because of intent or negligence it must pay compensation (article 1248 KUHPerdata). Meanwhile, the mistake made is an inappropriate act or the act does not contain good faith or violation of the prevailing regulations, it must compensate for the unlawful act (article 1365 Civil Code). The rules relating to the lease agreement of shophouse are arranged in the Book - Law on Civil Code (Civil Code), Law Number 28 Year 2002 regarding Building Building

    Tinjauan Yuridis Pengangkatan Wali Dari Anak Di Bawah Umur Dalam Menjual Tanah Warisan Ayahnya(Study Kasus Di Pengadilan Negeri Sukoharjo)

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    Limit of underage children according to Law no. 1 Year 1974 under the age of 18 (eighteen) years or has never held a marriage. So to be able to take legal action from the land represented by the mother's parent who lives the longest by using the permission to determine the court. This study aims to find out information in accessible and undertaken cases to seek information on what is necessary to determine whether the trust and permit to sell the land. How to conduct and analyze legal statutory laws. Trust and permission to sell land. The results of the study and discussion show that the court judge granted the appeal for the appointment of the guardian and the permit to sell the land, the result of the examination proved that the applicant is the oldest living parent as the guardian of a minor, and has been agreed with the children for sale in a plot of land Certificate of Property Number: 2963 area 84 m2 in order to meet the cost of education of the applicant's children who are still sitting in elementary school. Canceled law resulting after Judicial decision-making such as the applicant may provide the indispensable information in situations which enable a person to obtain property from a person in a Property Certificate Number: 2963 Area of 84 m2

    Tanggung Jawab Hukum Antara Stasiun Solo Radio 92.9 Fm Dengan Perusahaan Dalam Pemasangan Iklan

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    One of the advertising medium is radio, and therefore required good cooperation between producer and radio. Because the radio itself will not last long and will not pull the absence of an advertisement in it. Besides the advantages of the radio broadcast is able to reach out to all consumers in the region, including in rural areas, villages, far from the city. In terms of Law No. 32 of 2002 and the terms of Article 1320 KUHPeradata agreement. The purpose of the author of this thesis is to find out how the process of agreement ads in Solo Radio FM, and then to determine the rights and obligations between the radio with the company in advertising, and to determine the legal responsibility if one party breaks or make mistakes in the implementation advertising. This research is a kind of study is a normative legal research method is a method to bring the problem under study effort with the empirical juridical nature of the law. This empirical approach covers the principles of law, legal systematics, synchronization (adjustment) law

    Proses Permohonan Penetapan Hakim Tentang Pengurusan Harta Bawaan Yang Diwarisi Dari Ibu Yang Telah Meninggal Terhadap Anak Di Bawah Umur Oleh Ayahnya (Studi Kasus di Pengadilan Negeri Surakarta)

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    The constraints of a husband who would take care of congenital treasure wife who had died on his son because the child is still a minor and thus require court permission to take care of it. This study aims to determine the consideration of the judge in determining the determination of civil upon the request of the management of assets innate property of the wife who had died by the husband against minors, to determine the legal consequences after the imposition of the determination of the maintenance of the property innate property of the wife who had died by the husband against children under age. The research method using normative juridical approach that is descriptive. Using this type of primary data and secondary data. Data collection techniques used through the study of literature, questionnaire and interview. By using descriptive qualitative data analysis. The results showed that the consideration of the judge looks at the evidence at trial, legal consequences for the parties in the hearing the applicant can prove petition, that the petition applicant is granted, the applicant is charged with responsibility for the management of assets innate property of children under age until the child is an adult

    Tinjauan Yuridis Proses Penyelesaian Perkara Pembagian Harta Bersama Suami Istri Setelah Bercerai (Studi Kasus di Pengadilan Negeri Surakarta)

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    This study aims to determine the judge's consideration in determining the rights of husband and wife in the distribution of joint property after divorce and to know the law after the division of property together husband and wife. The method of research through normative approach because the studied is the legal aspects in the division of property together husband and wife after divorce and is descriptive that gives an objective picture of a situation about the process of settling the case of divorce property after husband and wife after divorce. Sources and types of data used in this study are primary and secondary data. Library research to obtain secondary data ie primary, secondary and tertiary law sources, while primary data obtained through field study ie interview. Technique of collecting data through literature study and interview, then data analyzed qualitatively. The result of the research indicates that the judges consider the division of joint property (gono-gini) of husband and wife after divorce is first, based on customary law because customary law recognizes the common property called gono-gini treasure therefore sharing the common property, "divided equally into 2 (two) equal parts, namely ½ (half) part for husband and ½ (half) part for wife "; second, Islamic law refers to KHI Article 97," The widow or divorced divorce of each life shall be entitled to half of joint property insofar as it is not specified in the marriage agreement "and the third according to civil law by referring to Article 128 of the Civil Code, after the dissolution of common property, their shared wealth is shared between husband and wife, or among their heirs, regardless of which party and origin -that thing. The legal consequences of dividing the common property after the divorce, ie each has the right in accordance with the decision of the judge, so there is no longer relationship between husband and wife

    Tinjauan Yuridis Terhadap Penyelesaian Perkara Wanprestasi Dalam Perjanjian Utang Piutang (Studi Kasus Pengadilan Negeri Surakarta)

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    Loans is an agreement between one party to another and usually the common agreement is money. One party as the provider of the loan (creditor), while the other party is the party that receives the loan money (debtor). The essence of loans agreement is the creditors lend some money to the debtor, and the debtor shall repay it within a specified time along with interest. Loan repayment is redeemed by monthly installment. Oftenly, the repayment of the debtor is not as what it was agreed. If the debtor does not do what he was promised, it can be said he is breaching the loan agreement. This research uses descriptive normative method. Using secondary data and primary data. Literature studies, field studies and interviews are used as the techniques to collect the data. And with qualitative data analysis method. Based on the results of research and discussion the conclusion is that the breach of loans agreement which is done by debtor against the loans agreement inflicting some legal consequences/legal responsibilities/legal sanctions should be given, such as: debtor is obliged to pay the monetary loss suffered by the creditor or so called restitution, cancellation agreement, risk transition, debtor is obliged to pay the court costs if the case is filed upon trials, and the debtor is proven breaching the agreement. In the contex of restitution, these are included: fees or costs which have incurred, the actual monetary loss because of damage, the loss of the creditor’s object caused by the negligence of the debtor, interests or provit which was expected

    PROSES PENYELESAIAN SENGKETA PEMBATALAN PERKAWINAN KARENA ADANYA PENIPUAN MENGENAI DIRI ISTRI (Studi Kasus di Pengadilan Agama Surakarta)

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    This thesis examines about the process of completion cancellation dispute of marriage because deception concerning self-wife. The method is the author using normative juridical method that aims to describe the process of completion cancellation dispute of marriage because deception concerning self-wife. Primary data of this study is the decision Islamic Court of Surakarta No. 0033/Pdt.G/ 2015/PA.Ska. Secondary data of this study is the material that gives a description of the primary legal materials, such as research results, the opinion of legal experts, and scientific journals that have anything to do with the case of petition for cancellation of the marriage because deception concerning self-wife. Research results the decision Islamic Court of Surakarta No.0033/Pdt.G/2015/PA.Ska is the judge in determining evidentiary consider the evidences is submitted by the Applicant at the trial. Whereas the judge in determining the verdict using verdict verstek for to grant the petition. And as a the legal consequences due to the cancellation of marriage is a marriage between the Applicant and the Respondent considered has never been happened, and the decision the cancellation of the marriage apply retroactive to of children birth outside of marriage. Keywords: Cancellation of Marriage, Deception Concerning Self-wif

    Proses Penyelesaian Perkara Perbuatan Melawan Hukum Atas Pelaksanaan Pembangunan Gedung Antara PT. Mumpuni dan Pemborong yang Diambil Alih Secara Sepihak (Studi Kasus di Pengadilan Negeri Sukoharjo)

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    In the case of unlawful acts on the implementation of building construction between PT. Mumpuni and the unilaterally acquired contractor, the contractor undertakes a construction agreement of 3 billion with PT. Mumpuni in the construction of Inpatient Health Building RSUD Sukoharjo RSUD Sukoharjo. After they have entered into a cooperation agreement, PT. Mumpuni take the takeover of building construction project unilaterally and resulted in generator menggalami losses with a total loss of 410.615.125 million rupiah. The contractor then filed a lawsuit to the Sukoharjo District Court and asked the judge to state that PT. Mumpuni has committed an act against the law. This study aims to explain the judges' considerations in determining the verification, determining decision, and legal consequences in case of unlawful acts on the implementation of building construction between PT. Mumpuni and unilaterally taken over. The method used in this research is juridical approach method with descriptive research type. The conclusion of this research is in determining the verification, the judge considering the plaintiff's lawsuit, the defendant's answer and the evidence presented in the hearing. in determining the verdict, the judge considers whether or not the elements of unlawful acts are included in Article 1365 of the Civil Code. The legal consequences after the existence of the judge's decision in the case of unlawful acts on the implementation of building construction between PT. A qualified person and contractor who is unilaterally taken to the defendant I is obliged voluntarily to carry out all decisions of the hakin handed down to him and if he does not enforce the judgment, the Plaintiff may request to the District Court to execute in order to carry out a judgment with a permanent legal action

    Tanggung Jawab Hukum terhadap Perjanjian Pinjam Meminjam Uang pada Koperasi Simpan Pinjam (KSP) Asa Mandiri di Kecamatan Ampel Kabupaten Boyolali

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    Savings and Loans Cooperatives are cooperatives whose members consist of people who have a direct interest in the matter of savings and loans and aim to help members borrow and borrow. This study aims to know the process of implementing lending and borrowing agreements, regulations and rights and obligations between cooperatives and customers, and knowing legal liability if one party defaults. This research method is normative because in this study to be studied are legal rules, legal principles and legal responsibility for the implementation of cooperative lending agreements. The nature of this research is descriptive which describes thoroughly and systematically about lending and borrowing agreements. The results of the study show that the agreement to borrow and borrow money in a cooperative Asa Mandiri must first fulfill the administrative requirements and legal requirements provided by the cooperative. Then there was agreement when the two parties signed an agreement made by the cooperative. After an agreement and signing of an agreement, rights and obligations arise from the parties that must be carried out. Legal responsibility arises because of an error made by one of the parties who made the agreement. This error can be based on Default or because of Unlawful Actions
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