Universitas Muhammadiyah Malang

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    EFEKTIVITAS PENYELESAIAN PERKARA PINJAM NAMA (NOMINEE) DALAM PERJANJIAN JAMINAN FIDUSIA MELALUI JALUR PERADILAN PIDANA (STUDI PUTUSAN PERKARA NOMOR: 135/PID.SUS/2024/PN.KPN)

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    This study examines the effectiveness of criminal justice related to fiduciary guarantees as legal protection for fiduciary recipients in Indonesia, one type of fiduciary guarantee used in credit in Indonesia is material guarantees. Fiduciary guarantees arise on the basis of creditor trust in debtors, so this is often misused by several community groups to obtain financing credit which is done in various ways, for example borrowing a name (nominee). The regulation regarding UUJF is used to provide legal protection for creditors and debtors, but in practice there are still several things that make the legal objectives in the fiduciary guarantee law not achieved, such as in the provisions of criminal acts only mentioning imprisonment and fines for debtors who commit crimes against collateral, but not mentioning compensation to creditors. There are also inhibiting and supporting factors in this case, the obstacles that arise include the lack of public understanding of the importance of fiduciary guarantees and legal factors originating from the fiduciary guarantee law itself. The results of this study indicate that criminal justice in UUJF is not yet effective because the losses and collateral objects that have been lost are not returned to the creditor. Therefore, it is necessary to improve regulations related to fiduciary guarantees and increase socialization to the public who do not yet understand the impact of misuse of fiduciary guarantee objects. In this final assignment, the researcher discusses the process of resolving fiduciary crimes with the title "Effectiveness of Settlement of Name Borrowing Cases (Nominee) in Fiduciary Guarantee Agreements Through Criminal Justice (Study of Case Decision Number: 135/Pid.Sus/2024/PN.Kpn". The purpose of this study is to analyze and determine the process of resolving the submitted cases. In this study, the method used is the empirical legal method using secondary, primary, tertiary data with data processing techniques in the form of analysis and direct research results in the field

    TEKNIK KOMUNIKASI PERSUASIF ORANG TUA DENGAN ANAK DALAM PENGGUNAAN HANDPHONE (Studi terhadap Wali Murid SD Negeri Rampal Celaket 01 Malang)

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    This research explores how parents of elementary school kids at Lowokwaru 01 Celaket Malang use persuasive communication to encourage healthy phone habits. Basically, we wanted to see how parents talk to their kids about using their phones responsibly. We used a simple, descriptive approach, talking to moms, dads, and their young children who use phones. To gather info, we did interviews and just observed them in action. Our findings show that parents play a key role in guiding their young children to use phones in a good way. By being involved, parents can protect kids from the downsides of phones and become positive role models when it comes to tech

    ANALISIS PENYELESAIAN PERKARA CERAI GUGAT SECARA VERSTEK PADA GUGATAN NOMOR REGISTER 1060/PDT.G/2024/PA.MLG

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    Divorce or dissolution of marriage is the end of a marriage before the death of one of the partners. Divorce must be legalized by the court to dissolve the legal action of marriage, so of course a settlement is needed. The purpose of this study is to determine the implementation of the stages of settling a divorce case by default in lawsuit number 1060 / Pdt.G / 2024 / Pa.Mlg. To achieve this goal, the study was conducted using an empirical legal research method. The results of this study concluded that the settlement of a divorce case by default in lawsuit number 1060 / Pdt.G / 2024 / Pa.Mlg was in accordance with the Civil Procedure Law, namely starting from preparing a power of attorney, preparing a letter of complaint, the first trial, summoning the defendant, the evidentiary hearing and the verdict hearing. In addition, this case cannot be mediated because only the plaintiff is present, while the defendant is not present. The defendant's continued absence from the trial process is one of the reasons for the verdict being issued by default. This default decision is a real manifestation of the legal system's efforts to ensure legal certainty for the parties, especially the Plaintiff and prevent long delays due to the absence of the defendant. The author's suggestion is that the application of default decisions must still be carried out carefully. The judge must ensure that all procedures for summoning the parties have been properly complied with, before issuing a default decision, in order to maintain just legal values, so that a quality decision can be created

    EFEKTIVITAS PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA SECARA RESTORATIVE JUSTICE DI TINGKAT KEPOLISIAN (Studi di Polresta Malang Kota)

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    The handling of domestic violence (DV) cases requires an approach that not only ensures legal certainty but also addresses the emotional and psychological needs of the parties involved. The research problem includes: How effective is the resolution of domestic violence cases through restorative justice at Polresta Malang Kota? This study aims to assess the effectiveness of restorative justice in resolving domestic violence cases at Polresta Malang Kota. Utilizing a sociological juridical method, the study draws data from interviews, observations, and document reviews, analyzed qualitatively in accordance with Law No. 23 of 2004 on the Elimination of Domestic Violence and Police Regulation No. 8 of 2021 on Restorative Justice. The findings indicate that the restorative justice approach creates opportunities for dialogue and reconciliation between perpetrators and victims, striking a balance between legal certainty and substantive justice. Restorative justice has proven effective in bridging the limitations of conventional legal systems, which are often lengthy and fail to adequately consider victims' needs.The study concludes that, despite facing various challenges, restorative justice has significant potential to serve as an innovative solution within the criminal justice system. Its successful implementation relies heavily on strengthening legal roles, facilitating mediation, and increasing public awareness of restorative justice principles. This approach offers a humanistic and flexible alternative for managing domestic violence cases more effectively while focusing on relationship restoratio

    ANALISIS YURIDIS SOSIOLOGIS TERKAIT KENDALA PEMENUHAN HAK NARAPIDANA DALAM KONDISI LAPAS OVERKAPASITAS SERTA UPAYA OPTIMALISASI DAN PENANGGULANGANNYA (Studi Kasus Di Lapas Perempuan klas II A Kota Malang)

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    Overcapacity in correctional facilities is an ongoing issue that not only violates the human rights of prisoners but also contradicts the provisions of the correctional law. This reflects the state's inability to ensure the welfare of inmates. This study aims to identify and analyze the factors causing overcapacity in LPP Malang, the measures taken to address these issues, and efforts to fulfill prisoners' rights under overcapacity conditions. The research method used is empirical, involving direct data collection from the field, using a juridical-sociological approach that combines legal and social aspects. The results show that overcapacity in LPP Malang is caused by prolonged trial processes, high crime rates, and a lack of alternative sentencing, with 422 inmates occupying a facility with a capacity of only 164 people. The resulting impacts include disruptions in rehabilitation, increased risks of infectious diseases, and tensions among inmates. Although policies such as remissions and restorative justice are implemented, the fulfillment of prisoners' rights is still hindered by limited facilities and human resources. The required solutions include the implementation of alternative sentencing, speeding up trial processes, and expanding facility capacity. Increasing staff and improving facilities are also crucial, along with community support and specialized training for staff and inmates to reduce recidivism rates

    PENYELESAIAN SENGKETA DALAM GUGATAN PERBUATAN MELANGGAR HUKUM PADA PERKARA PERDATA NOMOR 102/PDT.G/2024/PN.KPN

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    The aim of writing this final report is to analyze and identify the process of resolving a tort lawsuit dispute along with the legal considerations of the Panel of Judges. The methods use are empirical juridical methods that emphasize the study of legal phenomenon. The author uses primary legal materials in the form of decision number 102/Pdt.G/2024/PN.Kpn and interview with the advocates who directly handling this case, as well as secondary and tertiary legal materials to support primary data. The writing of the final project discusses the process of resolving the dispute a quo and analyzing the legal considerations of the examining judges. The process of resolving the dispute a quo, carried out from the granting of power of attorney, mediation, to the litigation process until the reading of the decision by the examining Panel of Judges was in accordance with the law of the case. The decision by the examining panel of judges was to deny the Respondent’s exception in its entirety, deny the Plaintiff’s claim in its entirety, and order the Plaintiff to pay court cost. Analysis of the legal considerations of the Panel of Judges against the Plaintiff’s Lawsuit Less Parties who did not withdraw the Seller of the object of dispute as a litigant. In Addition, the evidence submitted by the plaintiff which the judge did not consider was not considered as absolute ownership, but was preliminary that needed to be supported by other evidence. Furthermore, the analysis of the legal considerations of the Panel of Judges regarding the process of transferring rights and issuing certificates to the Respondent has gone through the applicable procedures and laws, so the Respondent did not commit an unlawful act

    Akibat Hukum Terhadap Sengketa Akta Jual Beli Tanah yang Dibuat oleh Pejabat Pembuat Akta Tanah ( studi putusan No : 73/Pdt.G/2013/PN-Btl)

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    This research analyzes the legal consequences of disputes regarding Sale and Purchase Deeds of Land based on Decision No. 73/Pdt.G/2013/PN-Btl. The main objective is to evaluate the alignment of the court's decision with prevailing laws and principles in Indonesia, as well as to understand the application of these legal norms in juridical practices. This study employs a normative juridical method, focusing on the analysis of positive legal rules and norms. The findings indicate that the Sale and Purchase Deed No. 032/2012 and the underhand Sale and Purchase Agreement between the Plaintiff and Defendant I were null and void due to formal and material defects. The court ruled that these documents failed to meet the essential elements stipulated in Article 1320 of the Indonesian Civil Code. The unmet requirements include the agreement of the parties and the legality of the subject matter, both of which are fundamental to the validity of any sale and purchase deed. Consequently, these documents hold no legal force to protect the rights of the involved parties. This research contributes significantly to understanding the application of civil law in resolving disputes over land sale agreements, particularly in assessing the validity of sale deeds prepared by Land Deed Officials (PPAT). Theoretically, the findings aim to enrich the study of civil law, especially in examining the legal implications of formal and material defects in sale agreements and the application of the principle of legality in court decisions

    “ANALISIS YURIDIS EX OFFICIO HAKIM PADA PENENTUAN NAFKAH IDDAH TERHADAP ISTRI NUZYUS DALAM PUTUSAN VERSTEK STUDI KASUS NOMOR 1493/Pdt.G/2024/PA.Kab.Mlg”

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    In writing this Final Assignment, the author examines the Verdict in the Divorce and Talak case which was decided at the Malang Regency Class 1A Religious Court which adjudicated the Divorce Divorce Case Number 1493/Pdt.G/2024/PA.Kab.Mlg. The divorce application for divorce at the Malang Regency Religious Court was decided by verstek, which means that the respondent did not attend the trial and was deemed to have agreed to all the arguments put forward by the applicant and there was no request for any rights and the respondent had also been proven to be nusyuz. In this research the author focuses on looking at how the ex officio judge determines the iddah living for a nusyuz wife in decision Number 1493/Pdt.G/2024/PA.Kab.Mlg at the Malang Regency Court. The research method used in this writing uses a type of normative legal research and uses a statutory approach, a case approach and a conceptual approach. The result of the discussion in this research is that in providing iddah support for wives who are nusyuz in the verstek decision, the judge bases it on using the principles of justice and on the basis of the applicant's capabilities. However, on the other hand, the judge's consideration in the decision did not grant the Respondent the right to iddah maintenance after the divorce because the Respondent was proven to be nusyuz, in KHI Article 80 paragraph (7) states that the husband's obligation to provide the rights that the wife should have after the divorce is void because the wife is nusyuz

    KARAKTERISTIK FISIKOKIMIA DAN ORGANOLEPTIK BISKUIT SUBSTITUSI TEPUNG LABU KUNING (CUCURBITA MOSCHATA D.) DAN TEPUNG KULIT BUAH NAGA MERAH (HYLOCEREUS POLYRHIZUS L.)

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    Biscuits are dry bakery products that are made by baking dough made from wheat flour with or without substitutes, oil/fat, with or without the addition of other food ingredients and permitted food additives. The high import of wheat flour is proportional to the high consumption of biscuits consumption. One of the efforts to reduce it are by replacing or substituting wheat flour with functional flour from local food ingredients. Pumpkin has high potential to reduce the use of wheat flour for making biscuits because of its high carbohydrate content of 83,18%. Biscuits on the market have low fiber content. Waste red dragon peel is underutilized. Red dragon peel contains high fiber content of 25,56% of food to increase the fiber content of biscuits. Therefore, it is expected that the addition of pumpkin and red dragon peel processed into flour as a substitute can improve the nutritional quality of biscuits. This research used Randomized Complete Block Design (RCBD). The formulation of pumpkin flour concentration used was 0; 15; 20; 25; 30g and red dragon peel flour concentration used was 0; 5; 10; 15; 20g. the result showed that the variation of the addition of pumpkin flour and red dragon peel flour had a significant effect on the chemical characteristics of biscuits. The best formulation of de Garmo test is L4 treatment with value of crude fiber content of 33,98%; carbohydrate content of 66,30%; moisture content of 10,37%; ash content of 3,59%; protein content of 5,27%; fat 2 content of 26,84%; L value of 39,03; a+ value of 25,97; b+ value of 28,80; organoleptic value of appearance of 2,68 (dark); flavor of 5,24 (slightly pleasant); taste of 4,98 (neutral); and texture of 5,98 (slightly soft)

    PENGUATAN PENDIDIKAN KARAKTER MELALUI PENERAPAN PROJEK PROFIL PELAJAR PANCASILA (P 5) PADA SISWA SMP (Di SMP MUHAMMADIYAH 8 BATU)

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    Rosidha, Ainur. 2024. Strengthening Character Education Through the Pancasila Student Profile Strengthening Project (P-5) for Junior High School Students. Thesis. Master of Pedagogy. University of Muhammadiyah Malang. Advisor (I) Assc. Prof. Dr. Arif Budi Wurianto, M.Si. Advisor (II) Assc. Prof. Dr. Mohamad Syahri, M.Si. Character education is education in values, morals, character, and manners with the aim of developing students to make good or bad decisions, get used to good things, and spread goodness. In the implementation of the Independent Curriculum, character education can be implemented through the Pancasila Student Profile Strengthening Project (P5). The purpose of this study was to determine the concept, obstacles challenges, and impact of strengthening character education through the implementation of the Pancasila Student Profile Strengthening Project (P5) on junior high school students. This study uses a phenomenological paradigm approach and a qualitative research type with a descriptive method. The study was conducted at SMP Muhammadiyah 8 Batu City. The data collection technique in this study used document techniques, interviews, and observations, with data validity tests using triangulation techniques and sources. Data analysis used interactive analysis techniques. The results of the study showed that there was an increase in the strength of character education in junior high school students through the implementation of the Pancasila Student Profile Strengthening Project (P5). Through the implementation of P5, students carry out project-based learning, where students will collaborate to find knowledge from their own learning experiences. In the process, interaction occurs, so that students have indirectly strengthened character education through teamwork and with various parties so that their character is further strengthened. For this reason, the implementation of P5 in schools must be carried out properly starting from planning, implementation, and evaluation, so that the good implementation of P5 will have an effect on strengthening students' character to be better

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