Faktor Penyebab Sengketa Tanah Hibah Studi Kasus di Kecamatan Pinolosian
(Debi Rahmat Huntialo, Nirwan Junus, Dolot Alhasni Bakung)
DOI : 10.62383/presidensial.v1i3.68
- Volume: 1,
Issue: 3,
Sitasi : 0 23-Aug-2024
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The purpose of this study was to find out about the factors that cause disputes in South Bolaang Mongondow. The type of research used by researchers in preparing this study is the type of sociological juridical law research by taking an approach based on norms or legal regulations to study the process of working or interacting with law in society. The results of this study indicate that the factor causing the dispute in South Bolaang Mongondow, from the way it is done does not get a meeting point between the parties to the dispute. So much so that the unfinished permaslahan caused a dispute between the family and the village government. The impact of the dispute to the existing community so as to create conflict between the surrounding communities between the people of Hamlet 1 and Hamlet 3, until now.
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2024 |
Pembebasan Dan Mekanisme Pemberian Ganti Rugi Tanah Untuk Kepentingan Umum Dalam Hal Pembangunan Tempat Pemakaman Umum (TPU) di Kecamatan Sipatana
(Siti Hardianti Paramata, Nur Mohamad Kasim, Dolot Alhasni Bakung)
DOI : 10.62383/humif.v1i3.248
- Volume: 1,
Issue: 3,
Sitasi : 0 16-May-2024
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The aim of this research is to discuss the implementation of land acquisition for the public interest in terms of the construction of a public cemetery in Sipatana District and the mechanism for providing compensation. This research uses empirical legal methods, by presenting data based on field facts which are then analyzed descriptively qualitatively. The research results show that there are problems in acquiring land as the location for the TPU in question. This is marked by the sale and purchase of land to the government by other parties, who are still the family of the land owner, Mr Yamin Tolinggi. What this means is that the seller of the land is not the actual owner but just a nephew who happens to live at that location. Apart from that, the actual owner demands payment from the land, which is then confirmed by evidence and ownership rights based on court decisions. Disposal of land is a last resort and must obtain approval from the party entitled to the land, however, the land release was in error, where the government incorrectly provided compensation or payment to parties who were not actually the owners of the land. The mechanism for providing compensation for land acquisition by the government for the construction of TPU in Sipatana District is carried out by the Gorontalo Province and Gorontalo City governments on land covering an area of ??27,766 m2 or around 2.7 hectares. However, land acquisition payments made by both the provincial and Gorontalo city governments were given to those who were not actually entitled to them. The total compensation for land acquisition was IDR 3.5 billion, but the entire amount was given to other parties. Therefore, the real owner then sued over his approximately 7,186 meter land and won in court, and in the end the Gorontalo provincial government awarded compensation of Rp. 750 million (seven hundred and fifty million rupiah) to land owners, through the 2023 APBD budget.
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2024 |
Pemahaman Tentang Pembagian Warisan Yang Adil Dalam Perkara Perebutan Hak Waris Sesuai Prosedur Di Tinjau Dari Pasal 195 Ayat (1) Kompilasi Hukum Islam di Desa Posso
(Adistia R. Nur, Nur Mohamad Kasim, Dolot Alhasni Bakung)
DOI : 10.62383/numeken.v1i2.198
- Volume: 1,
Issue: 2,
Sitasi : 0 01-May-2024
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The aim of this activity is to provide an understanding of the fair distribution of inheritance in cases of fighting over inheritance rights using several types of settlement methods. To give people an understanding that the position of a will is very important in Indonesia and even if it is not carried out according to existing procedures then the will is not legally valid. This type of research is normative-empirical legal research. According to Abdulkadir Muhammad, what is meant by normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavioral products. The results of the research obtained regarding the granting of wills that did not comply with procedures were that there were conflicting norms due to the public's lack of understanding of the regulations for granting valid wills. In conclusion, the legal status of wills will be very well maintained if the community is able to apply the legal procedures that the law has established because everything we do will definitely be directly related to the law, as we know as citizens of Indonesia, we are a country that upholds the law. justice for human rights, in its application laws are made to provide legal certainty to the community, it only remains for the community itself to be able to implement it or not, because if seen from a civil law perspective, everything that is done by humans is not in accordance with the law. existing then the action can be null and void by law.
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2024 |
Faktor Pendukung Dan Penghambat Bagi Mediator Dalam Melakukan Mediasi Terhadap Para Pelaku Pisah Ranjang Di Pengadilan Agama Gorontalo Kelas 1a
(Nisrina M. Adam, Nur Mohamad Kasim, Dolot Alhasni Bakung)
DOI : 10.62383/progres.v1i2.178
- Volume: 1,
Issue: 2,
Sitasi : 0 22-Apr-2024
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This research aims to determine the supporting factors, both internal and external supporting factors, and inhibiting factors, both internal and external inhibiting factors, for mediators in mediating against bed-separated perpetrators at the Class 1A Gorontalo Religious Court. This research is classified as empirical research with a case, context and sociological law approach. Data sources were obtained through interviews and observations which were then analyzed descriptively. The results of this research show that in conducting mediation, both Judge Mediator and non-Judge Mediator still experience several obstacles which have an impact on the success of the mediation process.
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2024 |
Tindakan Hukum Yang Di Lakukan Oleh Pelaku Usaha Terkait Kerugian Yang Di Akibatkan Oleh Orderan Fiktif
(Moh Aditya Adjara, Mutia Cherawaty Thalib, Dolot Alhasni Bakung)
DOI : 10.62383/progres.v1i2.131
- Volume: 1,
Issue: 2,
Sitasi : 0 03-Apr-2024
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The purpose of this study leads to legal action that can be done by business actors related to losses caused by fictitious orders and legal protection against business actors in online buying and selling transactions Cash on Delivery (COD) payment methods. This type of research is a juridical normative research that leads to legal norms, legal principles and using the statute approach (legislation) and supported by the fact approach (the Fact Approach) and conceptual approach (concept approach). The results of the study that the form of legal protection against business actors who are harmed by consumers is in the form of compensation and/or sanctions against consumers when consumers still do not replace the losses as intended. Although Chapter 13 of the UUPK does not specify criminal sanctions against consumers in particular, this does not mean that consumers can avoid criminal sanctions. Criminal sanctions can be imposed against consumers if the consumer's actions have met the criminal elements. The legal action of business actors against consumers who make fictitious orders can then implement the principle of strict liability, business actors who feel aggrieved over the actions of consumers who are not responsible for the goods that have been ordered can demand compensation or compensation without having to dispute the presence or absence of elements of error on the part of consumers. The threat of punishment obtained against consumers who are proven to have committed fraud will be subject to imprisonment for a maximum of four years in accordance with Article 378 of the Criminal Code.. Therefore, it should pay more attention to legal certainty regarding legal protection not only to consumers but also to business actors. Because basically losses can not only be experienced by consumers but can also be experienced by business actors.
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2024 |
Upaya Pemenuhan Hak Alimentasi Bagi Orang Tua Lansia Terlantar Di Panti Jompo Griya Lansia “Jannati”
(Siti Nurmilawaty Tuliyabu, Mutia Ch. Thalib, Dolot Alhasni Bakung)
DOI : 10.62383/demokrasi.v1i2.130
- Volume: 1,
Issue: 2,
Sitasi : 0 15-Mar-2024
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This study aims to find out about how the efforts to fulfill the right of alimony from children to parents who are entrusted in nursing home Griya Lansia “Jannati”. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study showed that the effort to fulfill the right of alimony for the elderly in the nursing home Griya Lansia “Jannati” is not optimal, this is because children do not carry out their obligations in fulfilling the rights of alimony that should be obtained by parents who are in the nursing home Griya Lasia “Jannati”. The child fulfills only a small part of the alimony rights that parents should have. For example, children only provide a living when visiting Within 2 months, and children only visit their parents regularly so that parents feel lonely and abandoned.
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2024 |
Analisis Yuridis Undang-Undang No 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Accountability Penjual Clouthing Line Terhadap Konsumen Akibat Barang Yang Cacat
(Muhammad Sabrisa Khartanta Ginting Suka, Nirwan Junus, Dolot Alhasni Bakung)
DOI : 10.51903/perkara.v2i1.1662
- Volume: 2,
Issue: 1,
Sitasi : 0 13-Jan-2024
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This research aims to find out about the liability of clothing line sellers towards consumers due to defective goods in terms of Law No. 8 of 1999 on consumer protection, the Sickmynd case study. This research aims to determine the liability of clothing line sellers towards consumers who are harmed by defective goods as stipulated in Law Number 8 of 1999 concerning Consumer Protection. And to find out the factors that cause consumers to experience losses due to defective products when buying at SICKMYND Gorontalo. The method used in this research uses a normative type of researcher. Normative legal research is library legal research, namely research on primary data. What is studied are the rules written in laws, norms or other rules. Based on the results of research conducted, even though there are violations, this research highlights the responsibility of producers in overcoming consumer losses due to defective goods. Enforcement of the Consumer Protection Law is important to protect consumer rights and ensure balance in buying and selling relationships in the market. Violations of the Consumer Protection Law, especially Articles 8 to 17, were identified in the SICKMYND CLOTHING LINE business. The prohibition on producing and trading goods and services that do not comply with the standards, conditions and promises stated in labels or sales promotions is a violation that must be avoided by business actors.
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2024 |
Penerapan Asas Pacta Sunt Servanda Pada Perjanjian Tidak Tertulis Terkait Bagi Hasil Perikanan
(Mohamad Djovan Kurniawan Mokodompit, Muthia Cherawaty Thalib, Dolot Alhasni Bakung)
DOI : 10.59581/doktrin.v2i1.1907
- Volume: 2,
Issue: 1,
Sitasi : 0 29-Nov-2023
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This research discusses the application of the Pacta Sunt Servanda principle to unwritten agreements related to fisheries product sharing. The aim of this research is to find out how the Pacta Sunt Servanda Principle is applied to unwritten agreements and to find out what are the obstacles to the application of the Pacta Sunt Servanda Principle to unwritten agreements regarding fishery product sharing. This research uses a normative juridical type of research. By using several approaches, namely: legislation (statute approach), conceptual approach (conceptual approach).The results of this research show that the principle of pacta sunt servanda indeed requires parties to mutually fulfill their obligations in accordance with Article 1338 of the Civil Code. The agreement will be implemented if it meets the requirements in Article 1320 of the Civil Code and the parties mutually agree as per the meaning of Article 1313 of the Civil Code. When the agreement is ratified by the parties, the principle of pacta sunt servanda will apply. Apart from that, the results of this research also show that there are obstacles to the application of the principle of pacta sunt servanda in unwritten agreements regarding fishery product sharing, profit sharing agreements are general or not specific to a sector, so that we know about marine fisheries product sharing agreements as the author's research object. referring to law number 16 of 1964 concerning fishery product sharing agreements.
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2023 |
Tanggung Jawab Pihak Ketiga (MAXIM) Dalam Pemberian Ganti Rugi Kepada Konsumen Korban Kekerasan Seksual Oleh Pengemudi di Kabupaten Bone Bolango
(Gita Amalia S. Aru, Nirwan Junus, Dolot Alhasni Bakung)
DOI : 10.59581/doktrin.v2i1.1742
- Volume: 2,
Issue: 1,
Sitasi : 0 13-Nov-2023
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Sexual violence is a serious problem that affects many individuals throughout the world. In this context, drivers associated with acts of sexual violence are often the focus of attention. The responsibility of third parties, such as transportation service providers or application platforms, can be an important factor in providing compensation to victims who have experienced sexual violence by drivers. This research aims to analyze the responsibilities of third parties, especially companies providing transportation services or application platforms that facilitate meetings between drivers and passengers, in providing compensation to victims of sexual violence. This research uses an analytical approach by collecting data and information related to the policies and practices implemented by the Maxim company. The results of the analysis show that the responsibility of third parties, in this case Maxim, has an important role in providing compensation to victims of sexual violence. Maxim is expected to have a clear and transparent policy in handling reports of sexual violence involving their drivers. They should also provide safe and reliable communication channels for victims to report incidents. Apart from that, Maxim must also ensure that there is a fair and thorough investigation process for reports of sexual violence. They must cooperate with law enforcement authorities to ensure that legal action is taken against drivers involved in sexual violence. In addition, Maxim must provide support and assistance to victims of sexual violence, including access to counseling and mentoring services. This research concludes that the responsibility of third parties, such as Maxim, is very important in providing compensation to victims of sexual violence by drivers. Such companies must have clear policies, effective procedures, and open channels of communication so that victims feel heard and protected. In an effort to prevent sexual violence, such companies must also continue to increase awareness and training for their drivers regarding policies and prohibited actions in the context of sexual violence.
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2023 |
Putusan Pengadilan Dalam Memutuskan Perkara No. 0017/Pdt.G/2013/Pa.Lwb Tentang Disahkannya Perkawinan Siri
(Tessa Pritama Eda, Weny Almoravid Dungga, Dolot Alhasni Bakung)
DOI : 10.59581/deposisi.v1i3.1049
- Volume: 1,
Issue: 3,
Sitasi : 0 04-Aug-2023
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Tessa Pritama Eda, Nim: 1011419034, with the title Analysis of Court Decisions in Deciding Cases Number: 0017/Pdt. G/2013/Pa.Lwb Regarding Legalization of Siri Marriage. Advisor I Mr. Dr. Weni Almoravid Dungga, S.H., M.H and Advisor II Mr. Dolot Alhasni Bakung, S.H., M.H. The purpose of this study is to find out the legal protection for unregistered marriages and secondly to find out the court's decision in deciding case number: 0017/Pdt.G/2013/Pa.Lwb regarding the legalization of unregistered marriages. The method used in this research is normative. The result of legal protection for unregistered marriages is that unregistered marriages obtain legality from the State if they fulfill predetermined conditions, such as marrying according to religion, then obtain the consent of the first wife as evidenced by a permit, and also for reasons of paperwork. child. But here on the other hand, betel marriage can also be entered into a criminal offense.The decision of the supreme court granted the respondent's request to obtain a marriage certificate, on the grounds that it was in their administrative interests and that of the children, also because the marriage had been carried out in an Islamic manner and had fulfilled all the requirements, and the most important reason was that the marriage had been approved by the first wife.
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2023 |