Mardalena Hanifah
Unknown Affiliation

Published : 55 Documents
Articles

Arah Kebijakan Hukum Politik Ekonomi Hanifah, Mardalena
Jurnal Ilmu Hukum Vol 3, No 01 (2012)
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Abstract

Law and economics are the pillars of development so that both must be matched and aligned with the interests of the people. Thus the legal policy direction of economic policy should  be something that has value in order for legal purposes can be achieved.
Arah Kebijakan Hukum Politik Ekonomi Hanifah, Mardalena
Jurnal Ilmu Hukum Vol 2, No 02 (2012)
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Law and economics are the pillars of development sothat both must be matched and aligned with the inter-ests of the people. Thus the legal policy direction ofeconomic policy should be something that has valuein order for legal purposes can be achieved. Since thelaw was established and developed to regulate howthese laws can regulate business behavior by inves-tors that the economic activities which they have givenprotection by law, to ensure the presence of legal pro-tection will be established a rule of law in the areas ofinvestment in the form of legislation, doctrine, juris-prudence, treaties and other agreements to determinethe political direction of economic policy of the law.
PERLINDUNGAN KONSUMEN DITINJAU DARI PENGOBATAN TRADISIONAL RAMUAN DAN KETERAMPILAN DI KECAMATAN SENAPELAN KOTA PEKANBARU Fitryan, Harani; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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This study was motivated by the traditional medicine which is used as an option by some Indonesian society as complementary to conventional treatment so as to encourage the establishment of many traditional medical practices that do not have permission, especially in Sub Senapelan Pekanbaru. Based on this, then it is fitting needs to be done to consumer protection in this case is a patient of traditional medicine. The government is required to provide guidance, supervision and guidance so that this can be accounted for traditional medicine and security benefits in accordance with the purpose of the Act No. 8 of 1999 on Consumer Protection and Law No.36 of 2009 on Health.The author raised this issue in order to determine how the shape of consumer protection in Pekanbaru City Senapelan District and the implementation of the fulfillment of the rights of consumers in this study were patients of traditional medicine as set out in the Consumer Protection Act.This study is a descriptive sociological research, because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study.This research was carried out on the practice of traditional medicine in the District Senapelan Pekanbaru, while the population and the sample is a whole party relating to the issues examined in this study. Source of data used in the form of primary data, secondary and tertiary, while the data collection techniques in this study of interviews, questionnaires and literature study. Based on the results, it can be concluded that the Consumer Protection Act expressly already regulate the rights and obligations of consumers, businesses responsibilities and things should not be done by businesses. But in practice it is still a violation of rules that could harm consumers.Based on data obtained from the field, there are still many traditional medical practices that do not have the permission which in this case has violated the rules of health ministers No. 1076 / Menkes / SK / VII / 2003, Article 4, Paragraph 1, which requires that every practice of traditional medicine has a registered license and a license to practice. Consumer rights are also many who still have not been met, such as providing the unfulfilled promise in violation of the Consumer Protection Act Article 8, paragraph 1 (f), and does not provide clear information to patients from both treatment techniques to the provision of drugs in violation Health Law Article 56.Keywords: Consumer Protection, Patient, Traditional Medicine
PELAKSANAAN DISPENSASI NIKAH DI BAWAH UMUR DI DESA KULIM JAYA KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN Safari, Zui Zui Anita; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Underage marriage is a marriage that is performed by someone who has not met the minimum age limit for marriage . Underage marriage actually be done with specific reasons and must be accompanied by a decree of the Court of Religion according to the contents of Article 7 paragraph ( 2 ) of Law No. 1 of 1974 About Marriage ( hereinafter called the Marriage Act ) . In fact, in the village of Kulim Jaya there are still underage marriage that is not accompanied by a decree granting a dispensation marriage of Islamic Court . The purpose of this thesis research is to determine how the implementation of the dispensation of marriage in the village Kulim Lubuk Batu Jaya Jaya District of Indragiri Hulu , and to know the reason KUA Lubuk Batu Jaya remained married couples under age without a dispensation giving marriage of Religious Court and to know the reasons actors marriage minors do not follow the trial court granting the dispensation of Religion .The method used is Observation Research with juridical sociological approach , sedangkat nature of this thesis research is descriptive . The way research is by way of surveys and structured interviews . Results of the study found is still the presence of underage marriage in Kulim Jaya village which is not accompanied by a decree granting marriage dispensassi of Religious Court . KUA Lubuk Batu Jaya remained married couples under age without a court order as a state religion pregnant outside marriage and economic circumstances are not allowed to attend the session in the Religious . Performers underage marriage did not follow the trial in court to obtain a dispensation Religious marriage by reason of distances , complicated procedures and a long time . Suggestions author , the first expected to KUA Lubuk Batu Jaya in order not to marry underage partner without marriage dispensation decree of Islamic Court . Both the KUA Lubuk Batu Jaya to be more prudent in giving the decision to marry couples under age , and the third to parents whose children will marry underage dispensassi it has obtained a marriage in the Religious .Keywords : Dispensation of Marriage , Marriage Law , Kulim Desa Jaya Indragiri Hulu
PELAKSANAAN KEWAJIBAN PEMELIHARAAN ANAK (ALIMENTASI) OLEH ORANG TUA PASCA PUTUSAN PERCERAIAN DI KABUPATEN ROKAN HILIR Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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The obligation of parents toward children include the maintenance of the child, both parents are still intact in the bonds of marriage and those already divorced, reality although liability issues of parent against children after the divorce it has been arranged in various regulations perundang-undangan and islamic law, in Article 156 Compilation of Islamic Law on Marriage For Divorce Due to Rupture which reads mumayyiz Children who do not deserve hadhanah of her mother, unless the mother has died, children who already mumayyiz right to choose to get hadhanah of father or mother, and all costs and living hadhanah a dependent childs father according to his ability, at least until the child is an adult and can take care of themselves (21 years), but in public life still many parents, especially fathers who neglect these duties if he had been divorced by his wife / mother of his children.The purpose of this thesis is to determine how the shape of the child maintenance obligations (alimony) by parents after divorce judgment in Rokan Hilir district, to know how to remedy if the non-performance of obligations of child maintenance (alimony) by parents after divorce judgment in Rokan downstream.This study uses the Sociological Juridical for research conducted in the Religious Ujung Tanjung Rokan Hilir. Population and sample is the whole of the parties relating to the matter under investigation amounted to 3 people, the source of the data used is data, primary, secondary and tertiary, data collection technique used observation, questionnaires, interviews and review of the literature.From the discussion presented above it can be concluded that the implementation of the obligations of child maintenance (alimony) by parents after divorce judgment in Religion The court jurisdiction Ujung Tanjung Rokan Hilir not run smoothly and showed a lack of responsibility ex-husband / father of the child maintenance obligations that must be given to their children. Factors shortcomings of child maintenance obligations (alimony) by parents after divorce judgment can be grouped to four factors: the first factor of the economy, both public awareness, the third means and facilities in the implementation of law enforcement child maintenance obligations (alimony). And remedies, if not the implementation of the travel after the divorce judgment against the maintenance of the child is to execute payments.Keywords: Liability, child maintenance, post-verdict, divorce.
TINJAUAN YURIDIS WANPRESTASI TERHADAP PELAKSANAAN PERJANJIAN PEMBIAYAAN KENDARAAN MOBIL TOYOTA PADA PT OTO MULTIARTHA FINANCE PEKANBARU S, Esrahethi; Hanifah, Mardalena; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Consumer financing is financing activities for the procurement of goods based on the needs of consumers with payment in installments. "One is a consumer finance company PT Oto Multiartha Finance Pekanbaru. Implementation of consumer financing agreement by PT Oto Multiartha Finance Pekanbaru with debtors (customers) create an obligation that must be carried out according the agreement debtor in chapter 10, among others: will not sell, rent, transfer, and do not damage the object of the agreement. In fact the debtor does not meet the achievement, where many of the objects were damaged when the agreement so that the company pulled wansprestasi debtor. Formulation of the problem in this research is how the implementation of consumer financing agreement with PT Oto Multiartha Finance Pekanbaru ?. if the debtor defaults barriers in consumer financing agreement with PT Oto Multiartha Finance Pekanbaru ?. whether the efforts made by PT Oto Multiartha Finance Pekanbaru? This type of research is Juridical Sociological. The nature of this research is descriptive. This research was conducted at PT Oto Multiartha Finance Pekanbar in Jalan HR Soebrantas No. 88 Panam. The conclusion in this study. First, the implementation of consumer financing agreement by PT Oto Multiartha Finance pekanbaru not be separated from the obligation of the debtor, in fact the debtor defaults. Second, the debtor defaults can not be separated from the barriers - barriers such as: accidents. The third attempt was made to withdraw and the debtor is obligated to pay any losses creditors within 14 days. Suggestions author, PT Oto Multiartha be more careful of the characters that will be the consumer. Consumers are aware of their obligations and do not commit acts prohibited by the company. Law on consumer financing more clearly on the rights, obligations, and sanctions against both parties. Keywords: Consumer Finance-Wanprestasi- Withdrawal
PEMUTUSAN HUBUNGAN KERJA SEPIHAK ANTARA PT. INECDA KEBUN SEBERIDA DENGAN TENAGA KERJA BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Pane, Nuraini; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Termination of Employment for workers is a beginning of unemployment for workers with all its consequences. Thats why the termination of employment often led to disputes between the companies with a workforce that industrial relations disputes. If the layoffs, the implementation must be in accordance with the provisions of the applicable law, the violation occurred at the PT. Inecda Gardens district Seberida Inhu, Rengat. Industrial disputes between workers and employers is due, the implementation of the termination of employment by the employer is not accompanied by the applicable law by conducting summary dismissal, the workers through the labor court, demanding that PT.Inecda rehire workers in the enterprise.Problem formulation in this research is how the mechanism of termination of employment between PT. Inecda with labor ?. Whether termination is incompatible with applicable laws ?. Is the legal remedy that can be done against arbitrary termination? The benefits of the berry research is the first to use theoretical benefit is as a support in pembendaharaan law science especially in employment law and as consideration for the next study, both practical benefits PT.Inecda as information and reference materials, labor better know their rights and responsibilities, and the public to know more information about the labor problems and.Based on the research results, it be concluded that termination of employment that do not comply with this PT.Inecda termination mechanisms that exist in the companys own rules and not in accordance with the provisions of Article 151 and Article 161 of Law Number 13 Year 2003 on Employment and also Act No. 2 of 2004 concerning Industrial Relations Dispute Resolution. Efforts made in the completion of termination of employment is subject to keputuan properly, which is in essence the termination of employment, termination of employment can not be done without the approval of a court settlement of industrial relations and without the consent of both parties. Thus settlement through the industrial relations court authorized to hear and give the verdict against industrial disputes.Keywords: RelationsEmployment Terminatio-Labor- PT.Inecda
KEDUDUKAN PERSEROAN TERBATAS PAN UNITED DALAM PERKARA KEPAILITAN YANG DILAKUKAN OLEH KOMISARIS PERSEROAN TERBATAS PAN UNITED ( STUDI PERKARA KEPAILITAN NOMOR 14/ PAILIT/ 2011/ PN. NIAGA MEDAN) Hutagaol, Ririn Erida; Hanifah, Mardalena; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Bankruptcy in Indonesia is regulated in Law Number 37 Year 2004 on Bankruptcy and Suspension of Payment. Limited liability company has an organ that has the authority and responsibility of its own which is stipulated in the Articles of Association and Law Number 40 Year 2007 on Limited Liability Companies. This never happened in the Limited Liability Pan United that bankrupted by Chee Kong Chui, through the decision of the Commercial Court of Medan in Case No. 14 / Pailit / 2011 / PN. Medan Niaga, the verdict PT. Pan United appealed to the Supreme Court of the Republic of Indonesia, the Supreme Court accepted the appeal application PT. Pan United and Commercial Court canceled the verdict of the Supreme Court of Medan via Decision No. 188 / KPdt.Sus / 2012.As for the purpose of this thesis are: First, What is the status Limited Liability Company in the bankruptcy case number 14 / Pailit / 2011 / PN. Medan Niaga; second, How considerations bankruptcy judge in case number 14 / Pailit / 2011 / PN. Medan Niaga is already with the provisions of applicable law. This type of research can be classified on the kind of normative juridical research, because this research can be classified in this type of research on library materials. Source of data used is primary data, secondary data and data tertiary data collection techniques in this research study of literature. Analysis of the data used in this study is qualitative.The results showed that: First, the position of Limited Liability Pan United is not the debtor of the applicant Kong Chee Chui clearly that the Commissioner Song Ghee Hong outside kewenagannya acts as commissioner and PT. Pan United did not exist receive the loan money. This is made clear in Article 45 Code of Commerce and Article 1656 of the Civil Code. Second, the considerations of judges at the Commercial Court of Medan has misapplied the law by deciding PT. Pan Uniteds bankruptcy with all the legal consequences. See the position of PT. Pan United that is not a debtor of Chee Kong Chui. Considerations Judges of the Supreme Court in ruling No. 188 / KPdt.Sus / 2012 which has the right to annul the decision of the Commercial Court of Medan.Advice, Before doing borrowing money agreement, creditors must make Deed agreement between the creditor and the debtor prior to clearly understand the purpose and intention of borrowing money by knowing the position of the Borrower. The commercial court as the court who coined the authority to hear the case of bankruptcy should be right in deciding a case of bankruptcy in order to provide legal certainty to both parties in resolving casesKeywords: Position- Limited company-Commissioner Bankruptcy
PERJANJIAN JUAL BELI TENAGA LISTRIK PRA BAYAR ANTARA PELANGGAN DENGAN PT. PLN AREA PEKANBARU (PERSERO) RAYON PANAM Cia, Rusdah; Hanifah, Mardalena; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Electric power services being developed by PT. PLN (Persero) is currently the prepaidservices of electric power, the customers who use electric power prepaid services both newcustomers and migrated customers from electricity users postpaid to prepaid electricity usershave to register first to the nearest PLN office or to the official website of PLN. After registering,there will be an agreement between PLN with the customers to conduct the electricity purchase.However in fact, not all of the pre-paid electricity uses the purchase agreement, for examplethere are some customers who are late for 2-3 months late in paying accounts, and there is thetermination and replacement of electricity postpaid to prepaid electricity unilaterally performedby PLN without any notice and agreement first. Data collection technique used in this research isinterviews, questionnaires, and library research. The research findings concluded are: first, thepurchase agreements between customers and PT. Pekanbaru Area PLN (Persero) Rayon Panamis not purely a legal agreement because the process of installation of pre-paid electricity is donewithout notice and consent from the customer. Second, the effect of purchase agreement pre-paidbetween the customers and PT. Pekanbaru Area PLN (Persero) Rayon Panam is there is theobligation of the customer which is not fulfilled. It is by not paying the electric bill each monthwithin a predetermined time up to 2-3 months in a row causes the electrical disconnection by thePLN as a sanction, but by not paying the electricity bill for 2-3 months, it does not mean thatPLN electricity can replace it by electricity prepaid without the permission from PLN. The writersuggests that, First, PLN should give notice for the termination to the customers in order to avoidmake customers feeling disadvantaged, and for the installation of pre-paid electricity, thecustomer should have the agreement letter. Secondly, as the electricity users, customers shouldrealize for their rights and obligations, the PLN should give prior notice to the customer beforeperforming the electrical disconnection.Keywords: Sale Purchase Agreement - Pre-Paid Electricity - PT. Pekanbaru Area PLN(Persero) Rayon Panam.
ANALISIS TERHADAP WARIS ANAK ANGKAT BERDASARKAN HUKUM ISLAM (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 677/K/AG/2009) Dewi, Santy; Hanifah, Mardalena; Ghafur, Abdul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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In Indonesia, the rule of Allah on this inheritance into positive law used in the Religious Court in deciding the case of division or dispute relating to inheritance. The authors took a sample case of the Supreme Court Number 677/K/AG/2009, which is the case in the cassation decision of the High Court of Bandung Religion Number 63/Pdt.G/2009/PTA.Bdg which is also the appeal decision of testamentary inheritance dispute case in the Religious Bandung Number 747/Pdt.G/2008/PA/Bdg . The purpose from written this scripsion are; The First, the basic legal considerations of the Supreme Court in deciding the case of inheritance disputes testament Number 677/K/AG/2009. The Second, the decision of the judges of the Supreme Court in determining the division of inheritance based on Islamic law meets the principle of legal certainty. The conclusion are, The first, consideration of law in the Supreme Court Decision Number 677/K/AG/2009 has been correct in applying the law of inheritance relating to wills as the considerations, as an adopted child only receives one-third of the estate, it is appropriate Article 209 KHI. The second, the judges had been thorough in examining and deciding the case in the Supreme Court Decision Number 677/K/AG/2009, so that the judges had been correct in applying the legal basis in the consideration that resulted in lack of legal certainty in the decision decided by the judge concerning the rights rights which should be accepted by the legitimate heir. Writter suggest, The first, in considering a case the judge must consider the principle of legal certainty , fairness and expediency of any litigants. The second, the rule of law is a form of protection against individuals who the arbitrary with other individuals. Therefore, judges must pay attention to the rule of law as a form of protection against arbitrary actions committed by individuals against other individuals and pay attention to the rights that should be accepted as a form of legal certainty.Key words : Inheritance Testament – Islamic Law – Supreme Court Decision Number677/K/AG/2009