PESOLAH: Jurnal Pendidikan, Sosial dan Humaniora

ANALISIS PUTUSAN PN MATARAM No. 8/Pdt.G.S/2024 TENTANG EKSEKUSI JAMINAN FIDUSIA DAN ISU LOSS OF USE PASKA PUTUSAN MAHKAMAH KONSTITUSI

2025-12-11T06:02:58+07:00

This study examines Decision No. 8/Pdt.G.S/2024 of the Mataram District Court concerning the execution of fiduciary security following Constitutional Court Decision No. 18/PUU-XVII/2019. It focuses on the prohibition of unilateral execution by creditors and the legal reasoning behind the rejection of the debtor’s claims for material, immaterial, and loss-of-use damages. Using a normative juridical methodology, the study finds that the judges consistently applied the Constitutional Court’s interpretation, declaring the unilateral repossession of the vehicle without a court order as an unlawful act. However, the rejection of all compensation claims reflects insufficient protection for the debtor’s actual losses, particularly loss of use. The decision also highlights a normative gap regarding proof of non-economic damages in fiduciary execution cases. Therefore, more operational judicial guidelines are needed to ensure that civil judgments provide not only formal justice but also substantive justice for debtors.

KURANGNYA DUKUNGAN ORANG TUA TERHADAP PENDIDIKAN ANAK DI DESA WATUDAKON KECAMATAN KESAMBEN KABUPATEN JOMBANG

2026-03-07T03:48:27+07:00

This case study aims to describe the phenomenon of low parental support for children's education in Watudakon Village, Kesamben District, Jombang Regency. The main issues studied include lack of attention, supervision, learning motivation, and parental involvement in formal and non-formal educational activities. The study aimed to identify the factors causing low parental support, the forms of non-involvement that emerged, and their impact on children's learning processes. The research method used a qualitative case study approach through in-depth interviews and observations, with data analysis using the Miles & Huberman model. The results showed that low parental support was caused by time constraints, low education levels, economic factors, work fatigue, and a low perception of the importance of learning assistance. These findings align with previous studies on the role of socioeconomic status and parental perceptions of education (Nurwati & Listari, 2021; Ririk et al., 2023; Saputri et al., 2022; Suhaimi, 2020) . This research is expected to provide a factual picture of the state of children's education in rural areas and serve as a basis for recommendations for schools and village governments to improve collaboration with parents.

TINJAUAN HUKUM SENGKETA ANJAK PIUTANG (PUTUSAN PENGADILAN NEGERI MALANG NOMOR 283/Pdt.Bth/2023)

2026-03-05T14:01:36+07:00

This article analyzes the Malang District Court Decision Number 283/Pdt.Bth/2023 concerning a factoring (cession) dispute. The case focuses on the validity of the cession deed, particularly regarding its formal and material requirements, and the obligation to notify the debtor as stipulated in Article 613 of the Civil Code. Furthermore, this case involves the interests of a third party, a bank, which holds collateral rights over the receivables. This research uses a normative juridical method with a case study approach, based on an analysis of norms, doctrine, and court decisions. The results indicate that the primary legal debate lies in the validity of the cession and its legal consequences for the debtor, new creditors, and good-faith third parties. This decision holds significant significance as a jurisprudential precedent in the practice of receivables-transfer-based financing, particularly in the context of debtor protection and legal certainty.

PROBLEMATIKA PENGAWASAN TERHADAP LEMBAGA NEGARA INDEPENDEN DALAM SISTEM KETATANEGARAAN

2026-03-05T14:01:45+07:00

The development of Indonesia’s constitutional system after the reform era has been marked by the establishment of various independent state institutions aimed at strengthening the rule of law and democracy; however, their existence has generated problems concerning oversight in balancing independence and accountability. This study aims to analyze the oversight mechanisms of independent state institutions within Indonesia’s constitutional system and to identify normative and structural challenges arising in practice. The research employs a normative legal method using statutory and conceptual approaches through library research on primary and secondary legal materials, analyzed qualitatively with a deductive method. The findings indicate that oversight of independent state institutions is conducted through internal and external mechanisms, including legislative, executive, judicial supervision, and public participation. Nevertheless, such oversight still faces issues of unclear authority boundaries, potential political intervention, and an underdeveloped legal framework, thus requiring a proportional and constitutional oversight model to ensure both independence and accountability.