Unisan Law Review

WANPRESTASI TERHADAP PELAKSANAAN PERJAJIAN KONTRAK ANTARA PEMILIK PROYEK DENGAN KONTRAKTOR

irwan, Rasdianah, Umar P — Wed, 30 Apr 2025 00:00:00 +0000

Default in the implementation of the work contract agreement between the project owner and the contractor is inaccuracy in drafting the contract clauses and the inability of the parties to comply with the contents of the contract clauses so that the parties are unable to take responsibility for implementing the clauses because they are considered unprofitable. Things that can cause default are: (a). There are changes to the construction plans from the project owner that are not in accordance with the contract clauses so that the contractor must bear the burden of costs and time for changes to the contract clauses. (b). The project owner is unable to make payments and repay project services to the contractor, while the contractor is unable to carry out its obligations in completing the development project properly and on time. For To minimize losses due to default between the project owner and contractor, the contract agreement is accompanied by a document guarantee equivalent to the contract value. The project owner and contractor must prepare a document guarantee with a minimum value equal to the value of the project and this guarantee is held by a third party, namely an official state agency, so that if there is a default by one of the parties, the confiscated document guarantee will be handed over to the party concerned. disadvantaged.

The factors that can cause a default on the work contract agreement between the project owner and the contractor are: (1) Negligence Factor: Negligence committed by one or both parties, namely not fulfilling the achievements at all, the achievements made are imperfect, late. fulfilling achievements, doing what is in the agreement beyond what was promised, (2). Cost Overrun Factor: Cost overruns cause the project owner to be unable to make payments to the contractor and the contractor to be unable to complete the work.

Penegakan Hukum Terhadap Tindakan Main Hakim Sendiri di Kota Gorontalo

Mobilingo Mobilingo, Rusmulyadi Rusmulyadi, Suardi Rais, Fahmi Kamuli — Wed, 30 Apr 2025 00:00:00 +0000

The purpose of this research: (1) To find out how law enforcement is against vigilantism at the Gorontalo City Police. (2) To determine the obstacles to law enforcement against vigilantism at the Gorontalo City Police. The type of research used in this research is empirical research. is a legal research method that functions to see the law in real terms and examine how the law works in society. The results of this research show that: (1) The policies carried out by the police are divided into two parts, namely policies for victims and policies for perpetrators, for victims the police provide security, handle victims such as taking them to the hospital and conducive to the area where the vigilante action occurred, Meanwhile, for perpetrators, the police carry out investigations in the form of recording or asking for statements from witnesses and then carrying out investigations to collect evidence. (2) The obstacles experienced by the Gorontalo City Resort Police, especially members of the Criminal Investigation Unit, in enforcing the law against criminal acts of taking the law into their own hands in the jurisdiction of the Gorontalo City Police include obstacles from law enforcers and obstacles to public awareness and compliance with the law, in the form of searching for existing evidence. In the field, there is no evidence that shows anyone who participated in taking the law into their own hands because law enforcement against criminal acts of vigilantism in the Gorontalo Police jurisdiction is still not implemented optimally.

ANALISIS HUKUM PENCEGAHAN TINDAK PIDANA PELECEHAN SEKSUAL DI LINGKUNGAN INSTITUSI PENDIDIKAN

Rizki Rahim, Hijrah Lahaling, Saharuddin Saharuddin — Wed, 30 Apr 2025 00:00:00 +0000

This study aims to determine the regulation of the prevention of criminal acts of sexual harassment in educational institutions based on positive law, as well as the forms of prevention efforts. This study uses a normative research method with a law approach with a qualitative presentation model. The results of the study indicate that the legal regulation of preventing sexual harassment in educational institutions consists of the regulation of the prevention of sexual harassment through criminal law instruments, both the criminal law code and the child protection law, as well as through the regulation of the minister of education and culture as a technical instrument. Against prevention can be done in three forms, first; implementation of the Pre-Emptive function in the form of inculcating good general values and norms in individuals, secondly; the implementation of the Preventive function in the form of the implementation of the third extension: is the internal efforts of Higher Education Institutions through an implosive approach. These results gave birth to recommendations in the form of the need to maximize enforcement, the need to hasten the issuance of the Law on the Protection of Victims of Sexual Violence, as well as to maximize the guidelines for interacting within the respective Education Units.

Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Seksual (Studi Kasus Polres Gorontalo Kota)

isnawir ahmad, Rafika Nur, Jupri Jupri, Umar P — Wed, 30 Apr 2025 00:00:00 +0000

This study aims to determine: (1) How is the legal protection for child victims of violent crimes in the jurisdiction of the Gorontalo City Police? and (2) What are the inhibiting factors for legal protection for child victims of sexual violence in the jurisdiction of the Gorontalo City Police? This study uses an empirical legal research method, a legal research method that functions to see the law in a real sense and examine how the law works in the community environment. The results of this study indicate that: (1) Legal protection for child victims of TPKS is regulated in Law Number 34 of 2014 concerning Child Protection, but there are several weaknesses in this law, namely that it is not regulated more specifically regarding restitution and the increasing TPKS against children (2) Inhibiting factors in providing legal protection for child victims of TPKS are 2 factors, namely internal and external

Analisis Pengabulan Izin Poligami Dengan Alasan Menghamili Calon Istri Kedua (Putusan Pengadilan Agama Perkara Nomor 556/Pdt.G/2021/PA.Gorontalo

Tia Hasan, Aprianto Nusa, Arpin Arpin, Aliyas Aliyas — Wed, 30 Apr 2025 00:00:00 +0000

As for the results of the research (1), the judge's considerations regarding the granting of polygamy were based on juridical considerations, namely that the panel of judges granted their decision because of the applicant's acknowledgment that he was able to support his wife, act fairly, and take responsibility for his actions in causing the prospective second wife to become pregnant. Furthermore, the sociological consideration is that the judge in deciding the case regarding the application for polygamy due to pregnancy out of wedlock which has fulfilled the requirements for polygamy (2) There are three legal consequences in granting the application for a polygamy permit. Firstly, the parties referred to here are the husband, first wife and second wife who have responsibilities, rights and obligations according to the same roles. The second is that the position of children is the same as long as the child is from a valid marriage or the legal status of a child born outside of a valid marriage has been validated. And the third is regarding property, namely that the second wife cannot inherit the assets inherited from the first wife with the rules in Islamic. Judges should always be careful in deciding a case because people will think it is very easy of a request for permission for polygamy at the Religious Court is quite reasonable because of pregnancy.

Implementasi Pasal 6 Ayat 2 Huruf B Peraturan Menteri Desa Nomor 13 Tahun 2020 Dalam Melestarikan Wisata Mangrove Di Desa Trans Patoa Kec. Helumo Kab. Bolaang Mongondow Selatan

derireflan pakaya, Yudin Yunus, Alber Pede, Syarif Lamanasa — Wed, 30 Apr 2025 00:00:00 +0000

This study aims to determine and analyze the implementation of the Village Ministerial Regulation Number 13 of 2020 in preserving mangrove tourism in Trans Patoa Village, Helumo Subdistrict, South Bolaang Mongondow Regency, and the factors that hinder the implementation of the Village Ministerial Regulation Number 13 of 2020 in preserving mangrove tourism in Trans Patoa Village, Helumo Subdistrict, South Bolaang Mongondow Regency. This study employs the Normative-Empirical Legal Research method, which involves legal case study analysis focusing on legal behavior products. The main focus is to observe how positive legal provisions and contracts are factually conducted in legal events that occur in society, with the aim of achieving predetermined targets. The results show that in the implementation of the Regulation of the Ministry of Village, Development of Disadvantaged Regions and Transmigration Number 13 of 2020, the foremost part is how the government, especially Trans Patao Village, can act as a provider of motivation for investors, communities, and business actors in the tourism sector. It is crucial to ensure that tourism growth can take place appropriately. Regulation Number 13 of 2020 Article 6 Paragraph 2 Letter B on the Use of Village Funds can be in the form of participation of ideas, namely in compiling each program to expedite the implementation of programs and activities related to mangrove forest conservation in Trans Patao Village, South Bolaang Mongondow and the budget issued by the Village government is felt to be still lacking for the development of Trans Patao Mangrove Tourism tourism. The recommendations are (1) Village governments are expected to increase the utilization of human resource potential to support village tourism management planning, (2) More importantly, they are expected to strengthen village tourism management efforts in order to provide sustainable benefits for the welfare of village communities in the future.

ANALISIS HUKUM TERHADAP PERKAWINAN PAKSA YANG DILAKUKAN ORANG TUA TERHADAP ANAK (STUDI KOMPILASI HUKUM ISLAM)

fauzi imam, Sitti Kumala Ilyas, Sitti Alfisyahrin Lasori, Nur Qalbi Andini — Wed, 30 Apr 2025 00:00:00 +0000

The purposes of this study are objective purpose and subjective purpose. 1) The objective purposes are (a) to analyze the act of forced marriage committed by parents against children and (b) to analyze the acts of violence committed by parents against children. 2) The subjective purposes are (a) to increase the knowledge and insight of the author in handling forced marriage committed by parents against children, (b) to obtain complete data on forced marriage committed by parents against children, and (c) to be able to apply all the knowledge and theories that obtained by the author. The method used in this study is an empirical juridical method that requires going directly to the field and using primary data sources. The approach taken uses juridical methods and sociological approaches, namely the juridical approach method in which the study approach carried out is to examine a problem in terms of law and its systematic and as a guide to the rules used as analysis basis of legal symptoms that arise. The results of this study indicate that: (1) The practice of forced marriage of children that occurs in Kolami Village is not in line with the Compilation of Islamic Law (KHI) in Article 15 that explains: (1) For the benefit of families and households, marriage may only be carried out by prospective brides who have reached the age stipulated in Article 7 of Law No. 1 of 1974. (2) Forced marriage that occurs in Kolami Village has several negative impacts, namely physical & psychological illness. It is because the woman forced to marry has a deep trauma.