NOMMENSEN JOURNAL OF PRIVATE LAW

TINJAUAN YURIDIS AKIBAT HUKUM DARI PERNYATAAN PUTUSNYA HUBUNGAN ANTARA ORANG TUA DENGAN ANAK MENURUT HUKUM POSITIF

2022-06-04T02:36:07+00:00

The severance of the relationship between parents and children must be with a valid statement for certain reasons and has been declared terminated by the court with reasons that meet the element of not being able to inherit from the child. The position of a legitimate child in inheritance is absolute because a legitimate child is included in group I in inheritance. Meanwhile, children out of wedlock, whether recognized or not recognized, are only entitled to earn a living, not by inheritance in accordance with Article 869 of the Civil Code. Literature research method, the data analysis method used in this study is a qualitative descriptive analysis method, namely the data that has been analyzed is presented with a logical explanation by describing the parts of the problem comprehensively. That the procedure for severance claims has never occurred within the scope of the court, but if there are parents who wish to file a severance lawsuit against their children, mediation is usually carried out by the local district court where the parents are domiciled so that the case does not go to trial.

ANALISIS YURIDIS UPAYA HUKUM ACTIO PAULIANA TERHADAP DEBITOR YANG MENGHIBAHKAN HARTA KEKAYAANNYA SEBELUM PAILIT BERDASARKAN UU NO 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

2022-06-04T02:51:52+00:00

Actio pauliana is a right granted by law to creditors to cancel all legal actions of the bankrupt debtor that are detrimental to creditors. Actio pauliana can be filed after the bankruptcy declaration decision is pronounced. Actio pauliana is proposed by the Creditor through the Curator to the Commercial Court. Grants are one of the legal actions that harm creditors that can be carried out by the debtor
with a third party. A grant by a Debtor can be submitted actio pauliana if the grant is made within 1 (one) year before the decision on the declaration of bankruptcy is pronounced. Regulations regarding actio pauliana are generally regulated in the provisions of Article 1341 of the Civil Code and specifically regulated in the provisions of Article 41 - Article 47 of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations.

PERLINDUNGAN HUKUM TERHADAP PEKERJA YANG TIDAK DIDAFTARKAN OLEH PERUSAHAAN SEBAGAI PESERTA BPJS KETENAGAKERJAAN BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARAAN JAMINAN SOSIAL

2022-06-04T03:06:53+00:00

The development is that there are still some companies that do not include their workers in BPJS Employment, so this study aims to find out how the legal protection for workers and legal remedies that can be taken by workers based on Law No. 24 of 2011 concerning BPJS. The method used in compiling this thesis is a normative juridical research method, namely legal research which is only aimed at written regulations and other legal materials. The results of the study explain that Employers are obliged to register themselves and their Workers as Participants with BPJS in accordance with the Social Security program which is followed by Article 15 of the BPJS Law. Not getting certain public services under Article 17 of the BPJS Law. As well as criminal sanctions, namely 8 years in prison and a fine of Rp. 1,000,000,000.00 (one billion rupiah) under Article 55 of the BPJS Law. The legal remedies that can be taken by workers are preventive legal remedies and repressive legal remedies.

TINJAUAN YURIDIS MENGENAI PERKAWINAN CAMPURAN DAN AKIBAT HUKUMNYA TERHADAP HARTA BENDA BERDASARKAN UU NO 1 TAHUN 1974 YANG TELAH DIUBAH MENJADI UU NO 16 TAHUN 2019

2022-06-04T03:30:39+00:00

In Indonesia, the provisions relating to marriage have been regulatedin Law No. 16 of 2019 concerning Marriage. In line with the enactmentthe law, there is one thing that must get attention and become a phenomenon that is debated, namely about mixed marriages.This is due to the existence of two or more legal systems that are used. After conducting research, the authors conclude that,
(1)InLaw No. 16of 2019, mixed marriage by itselfplacing the wife subject to the husband's citizenship status. How to chooseand obtaining citizenship in a mixed marriage is determined inCitizenship Law of the Republic of Indonesia (UU No 12 of 2006).(2) Legal analysis of the marriage agreement, whether for property or other thingsOn the other hand, a marriage agreement can be made at a time, before it takes placeor while in the marriage bond by both parties with the consenttogether. (3) Article 2 of Law No. 16 of 2019 stipulates two legal lines that must beobeyed in carrying out a marriage, namely regarding the validity of a marriage-marriage.

PELAKSANAAN PEMENUHAN HAK ANAK ASUH DI PANTI ASUHAN BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK (STUDI PADA PANTI ASUHAN PELITA KASIH BERSINAR DI JALAN SEMPURNA NO.50, CINTA DAMAI KEC. MEDAN HELVETIA, KOTA MEDAN)

2022-06-04T03:58:46+00:00

The rights of foster children are regulated in Act Law Number 35 of 2014 concerning Child Protection. Foster children are children who are cared for by a person or institution to be given guidance, care, education, and health because their parents or one of their parents are unable to guarantee the child's growth and development properly. As for the problem in this study is how the implementation of the fulfillment of the rights of foster children at the Pelita Kasih Bersinar Orphanage, based on Law Number 35 of 2014 concerning Child Protection and what are the obstacles experienced by the Pelita Kasih Bersinar orphanage in the implementation of the fulfillment of rights and how efforts to overcome it. (Research at the Pelita Kasih Bersinar Orphanage On Sempurna Street No. 50, Cinta Damai, Medan Helvetia District, Medan City). This study uses a type of empirical juridical research with a law approach, a conceptual approach and a case approach to collect primary data by conducting interviews with Mr. Ruben Esron as the head of the Pelita Kasih Bersinar orphanage who plays a role in the implementation of the fulfillment of child custody rights and other secondary data.The results of the research conducted by researchers in this research that the implementation of the fulfillment of the rights of foster children in accordance with Law Number 35 of 2014 concerning Child Protection has not been fully fulfilled, but on the other hand there are other children's rights that are not regulated by law but are fulfilled by the law. The Pelita Kasih Bersinar Medan Orphanage is a child's right to get a job. Obstacles in the implementation of the fulfillment of the rights of foster children at the Pelita Kasih Bersinar Orphanage Based on Law Number 35 of 2014 concerning Child Protection and efforts to overcome them, among others, firstly, limited funds, secondly limited staff of Orphanage caregivers and thirdly the cost of health insurance.

PENETAPAN NILAI GANTI RUGI KERUGIAN ATAS TANAH DALAM HAL PENGADAAN TANAH DEMI KEPENTINGAN UMUM (STUDI KASUS PUTUSAN NO. REG. 297/PDT.G/2018/PN. CBI)

2022-06-04T04:15:58+00:00

The purpose of making this thesis is because there are still many people who are misguided about compensation in terms of land acquisition for the public interest. And to find out how the legal arrangements in land acquisition are carried out in the public interest and how to determine the value of compensation for losses if the community does not agree with the value set by the government. The
data collection carried out in this thesis research was carried out by library research. The purpose of this approach is that research is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results obtained from the research objectives, the first is the legal regulation of determining the value of compensation for land used for the public interest, which is the physical replacement of the land value not only multiplying the land with the NJOP but also relating to the land value and market value of one plot of land. as the basis for calculating land prices, of course, it is intended that the level of welfare of former rights holders does not suffer losses related to the social function of land rights, in addition to implying that land rights must be used in accordance with the nature and purpose of their rights, so that they are beneficial for the right holder and for the community. The second is when the compensation has been deposited in the District Court as the ownership or rights to the land and the party entitled to be The purpose of making this thesis is because there are still many people who are misguided about compensation in terms of land acquisition for the public interest. And to find out how the legal arrangements in land acquisition are carried out in the public interest and how to determine the value of compensation for losses if the community does not agree with the value set by the government. The data collection carried out in this thesis research was carried out by library research. The purpose of this approach is that research is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results obtained from the research objectives, the first is the legal regulation of determining the value of compensation for land used for the public interest, which is the physical replacement of the land value not only multiplying the land with the NJOP but also relating to the land value and market value of one plot of land. as the basis for calculating land prices, of course, it is intended that the level of welfare of former rights holders does not suffer losses related to the social function of land rights, in addition to implying that
land rights must be used in accordance with the nature and purpose of their rights, so that they are beneficial for the right holder and for the community. The second is when the compensation has been deposited in the District Court as the ownership or rights to the land and the party entitled to be deleted and the evidence of their rights is declared invalid and the land becomes land that is directly controlled by the state.

PERLINDUNGAN HUKUM BAGI PEKERJA YANG MENGALAMI KECELAKAAN KERJA (STUDI PUTUSAN NOMOR. 25/Pdt.Sus-PHI/2020/PN-Mdn)

2022-06-04T04:40:50+00:00

The work accident is a problem that usually occurs to worker in a company. In this case, there is an often something that harm in the worker who experience in the work accident so the relation between a worker and employer always stable and avoid from arbitrariness and receive right in the event of work accident in accordance with applicable laws. This study discuss when the worker accident insurance in the decision No.25/Pdt.Sus-PHai/2020/PN-Mdn has complied with the provision of the Work Accident Insurance (JKK) according to Law No.11 of 2020 concerning Job Creation and how the Legal Protection for worker/laborer who experience work accident who are not registered with the Company (study of decision No.25/Pdt.Sus-PHI/2020/PN-Mdn). To answer this problem, this research use Normative Legal Research Method. This Normative Legal Research, primary legal material, secondary legal material and tertiary legal material are use. The result of this study indicate that the suitability of providing Work Accident Insurance (JKK) decision No.25/Pdt.Sus-PHI/2020/PN-Mdn is in accordance with Law No.11 of 2020 concerning Job creation and companies are required to provide workers/labors right if they experience of work accident eventought they are not register with the company and company pays for the right of workers because they are not register with BPJS Ketenagakerjaan.

TINJAUAN YURIDIS PERTANGGUNG JAWABAN PIHAK MASKAPAI YANG MEMBATALKAN PENERBANGAN SECARA SEPIHAK TERHADAP PENUMPANG MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 2009 TENTANG PENERBANGAN

2022-06-04T04:51:28+00:00

Flight delays are related to flight activities carried out by the airline as a business actor. These incidents have often happened and the public as passengers suffered losses and passengers have the right to be compensated and compensated for these incidents. The purpose of this study is to determine the arrangements for delays in the flight departure schedule and to examine the responsibility of the
airline to passengers regarding delays in the departure schedule. This research is a normative juridical research, which is a deductive research that begins with an analysis of the articles in the laws and regulations governing the problem. Juridical legal research is research that refers to literature studies, while normative is legal research that aims to determine the relationship between one regulation and another and its application in practice. Regulations regarding flight delays or flight cancellations are regulated in Article 147 of Law no. 1 of 2009 and further regulated in Articles 10 and 11 of the Regulation of the Minister of Transportation N0. 77 of 2011. The airline is obliged to provide compensation and compensation to passengers in the form of diverting to another flight without paying any fees, as well as providing compensation in the form of material compensation to passengers in the form of money according to the amount of losses suffered by the passengers.