scholarly journals Authorization Entities (Legal Guarantee Review)

2019 ◽  
Vol 6 (6) ◽  
pp. 57
Author(s):  
Hari Wibisono ◽  
H. Moch. Isnaeni ◽  
Endang Prasetyawati
Keyword(s):  
Legal Protection ◽  
Bank Credit ◽  
Direct Power ◽  
Power Of Attorney ◽  
Business Transactions ◽  
Doing Business ◽  
Special Power ◽  
Credit Contracts ◽  
Ultimate Purpose ◽  
Made In

The guarantee agreement for guarantee rights is flexible to be implemented, it does not have to be carried out alone by the party that guarantees it. If represented, it is made in the form of SKMHT that must be made in a notarial deed or PPAT deed. If it follows the provisions in Article 15 of the UUHT, credit is a daily necessity for the community both in the context of meeting consumption needs and in terms of doing business in various business fields, compared also with bank credit contracts as stated by Kevin Kogin. Today's business transactions move quickly and increasingly involve all elements of society as a business. The ultimate purpose of the prohibition of the Power of Attorney Imposing Mortgage Rights (SKMHT) as a special power of attorney is to provide legal protection to creditors. SKMHT is a special power of attorney that can only be controlled by the direct power of attorney because it is only related to the power of making APHT with a creditor in the presence of PPAT. If the power of attorney is substituted, it will make creditors difficult if there is a dispute to conduct legal relations because there are too many parties to be able to connect directly with the debtor. In addition, if it is substituted, the creditor will lose his rights and position as the preferred creditor to the receivables that have been given to the debtor.

scholarly journals The Role Of The Notary Deed Against Making Special Power Of Attorney To Say “Talaq” In Application Divorced In Religious Court

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 921
Author(s):  
Dwi Indah Wahyuningsih ◽  
Gunarto Gunarto ◽  
Achmad Sulchan
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Power Of Attorney ◽  
Special Power ◽  
Made In

The purpose of this study were: 1) to identify and analyze the role of the notary to manufacture special power of attorney notarized deed oath in filing for divorce in the Religious Court. 2) To identify and analyze the constraints notary in the manufacture of a special power of attorney notarized deed oath in filing for divorce in the Religious Court. The data used in this study are primary data, secondary data, and the data to support the assessment tertiary then analyzed with normative juridical method. Based on the results of data analysis concluded that: 1) In the implementation of the signing of the deed notarized power of special oath divorce in filing for divorce in the Religious of the parties, giving the power of attorney privilege and receiving power of attorney privilege to be present and facing the notary as the deed notarized letter The special power, because the authorizing unable to attend the oath of divorce in the Religious; 2) The provisions of the terms to make a notarized certificate of the applicant should include both the giver and the recipient of a special power of attorney and shown directly to the notary who will make the notary deed so that certificates can be made in accordance with existing procedures.Keywords: Notary; Special Power of Attorney; Notary Deed

scholarly journals Bentuk Surat Kuasa Membebankan Hak Tanggungan Setelah Dikeluarkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012 Tentang Ketentuan Pelaksana Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Putu Selvyana Putri Pratamikha
Keyword(s):  
Legal Theory ◽  
Civil Code ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Effect ◽  
Special Power ◽  
Legal Uncertainty ◽  
The Law ◽  
Made In

The Power of Attorney of the Encumbrance Rights (SKMHT) is a special power of attorney which includes the power to impose the provision of encumbrance by the encumbrance grantor to the recipient of the encumbrance or other person authorized to it. The Power of Attorney of the Encumbrance Rights (SKMHT) must be made in two forms namely the notarial deed or the deed of the land deed official (PPAT) as stipulated by the provisions of Article 15 paragraph (1) of the Law Number 4 of 1996 on the Encumbrance Rights of the Land Along with Bodies Relating to Land. The enactment of the National Land Agency Regulation Number 8 of 2012 requires that the SKMHT shall be made ??in accordance with the format of the attachment of the Regulation. . While the SKMHT in the form of notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT). This results in the different arrangements resulting in the lack of uniformity of the SKMHT forms made ??by a notary or the land deed official (PPAT) which giving rise to the legal uncertainty of the form of the SKMHT and the legal effect of the SKMHT made in the form of a notarial deed. The study is a normative legal research, intended to examine the differences in the SKMHT arrangement between the provisions of Article 15 paragraph (1) of The Encumbrance Rights (UUHT) with the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012. The study uses the statutory approach that is supported by the literature, legal theory, the opinions of the scholars, as well as the legal dictionaries, as its legal materials. The findings of the study show that the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 does not abolish the SKMHT  in the form of a notarial deed as provided in Article 15 paragraph (1) of The Encumbrance Rights (UUHT). the SKMHT in the form of a notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT), while the SKMHT in the form of the land deed official (PPAT) shall be made in accordance with the provisions of the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 along with its attachments. It is expected that the firm provisions which regulate the SKMHT in the forms of the notarial deed should be enacted in order to create its legal certainty.

scholarly journals Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa

2020 ◽  
Vol 1 (2) ◽  
pp. 404-408
Author(s):  
I Made Adi Saputra ◽  
A.A Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Legal Protection ◽  
Third Party ◽  
District Court ◽  
Court Decisions ◽  
Legal Problem ◽  
Power Of Attorney ◽  
The Public ◽  
Study Approach ◽  
Special Power ◽  
The Right

As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.

scholarly journals Liability for Right Holders to Electronic Marks (E-Commerce) on the Commercialization of Individual Trade Actions in Electronic Business Transactions

2021 ◽  
Vol 8 (9) ◽  
pp. 234
Author(s):  
Yohanes Don Bosco Watu
Keyword(s):  
Legal Protection ◽  
Electronic Business ◽  
Legal Certainty ◽  
Legal Research ◽  
Registered Trademark ◽  
Business Transactions ◽  
Doing Business ◽  
Sense Of Security ◽  
The World ◽  
Principle Of Proportionality

The type of research used in this research is normative legal research. So, in fact, the principle of proportionality is an alternative solution for electronic brand rights holders (e-commerce), which provides legal protection based on the first to file principle system given to registered trademark rights holders who have good intentions, are preventive or repressive.  On the other hand, it’s necessary to guarantee legal certainty to be able to provide accountability when there are ties or agreements in electronic business transactions in the field of trade and other trading businesses, so as to guarantee a sense of security and comfort in investing and doing business in the world of digitalization and e-commerce.

Mobile to Fuel Explosive Ecommerce Growthin india

2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Priya Yadav ◽  
Pranjeet Das ◽  
Ravi Kumar Malhotra
Keyword(s):  
Developing Countries ◽  
Electronic Commerce ◽  
Rapid Development ◽  
Global Markets ◽  
Network Technology ◽  
Mobile Terminals ◽  
Doing Business ◽  
Is Security ◽  
Challenges And Opportunities ◽  
Made In

E-commerce is process of doing business through computer networks. Advances in wireless network technology and the continuously increasing number of users of mobile latter on make an ideal platform for offering various high utilityservices in just a snap of a finger to the mobile users and give pace to the rapid development of E-Commerce in India.E-commerce is considered an excellent alternative for companies to reach new customersbut the fact that has hindered the growth of e-commerce is security. Security is the challenge facing e-commerce today and there is still a lot of advancement made in the field of securityfor increasing the use of e-commerce in developing countries the B2B e-commerce is implemented for improving access to global markets for firms in developing countries. With the special characteristics and constraints of mobile terminals and wireless networks and the context, situations and circumstances that people use their hand-held terminalswhich will ultimately fuel explosive ecommerce growth in India This paper highlights the various key challenges and opportunities which Indian e-commerce industry may face in the upcoming years. And also discuss challenges in electronic commerce transactions.

scholarly journals Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 823
Author(s):  
Rian Dwi Anggoro ◽  
Umar Ma'ruf
Keyword(s):  
Home Ownership ◽  
Legal Protection ◽  
Mortgage Loan ◽  
Power Of Attorney ◽  
Loan Repayment ◽  
Survey Results ◽  
Legal Position ◽  
Branch Office ◽  
The Right

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online

2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe
Keyword(s):  
Online Shopping ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Payment Method ◽  
Power Of Attorney ◽  
Legal Studies ◽  
Legal Position ◽  
Secondary Data Sources ◽  
Freight Forwarder

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.

PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN JUAL BELI TANAH LETTER C DI BAWAH TANGAN

2020 ◽  
Vol 8 (1) ◽  
pp. 144
Author(s):  
Socha Tcefortin Indera Sakti ◽  
Ambar Budhisulistyawati
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Rights ◽  
Legal Certainty ◽  
Legal Relationship ◽  
Legal Consequences ◽  
Made In ◽  
Laws And Regulations

<p>Abstract <br />This article aims to analyze and to understand the legal protection provided to the parties involved in under-hand agreement of the sale of Letter C land. The legal protection or all of the parties involved is contained in the agreement if the agreement specifically stated it in its clauses. The kegal protection outside of the agreement is contained in the laws and regulations in force which is Civil Code and Statute. The legal protection is an important aspect to ensure the fulfillment of a person’s legal rights. Furthermore, it also has other objective, which is to realize legal certainty, legal benefits, and justice for the parties. Legal protection can be preventive or repressive. The agreements made in the underhand sale of Letter C land forms a legal relationship between the two parties. The legal relations are relationships that result in legal consequences guaranteed by the laws and regulations. Every legal act that causes legal consequences must have legal protection, especially when there is a dispute between the parties. Dispute can occur after the under-hand agreement of the sale of Letter C Land was agreed, therefore legal protection is needed to provide solutions, certainty and clarity towards the resolution of the existing as well as the potential post-agreement disputes.<br />Keywords: Legal Protection; Under-hand Agreement; the sale of Land.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian dibawah tangan jual beli tanah Letter C. Perlindungan hukum yang diberikan bagi para pihak dalam perjanjian dibawah tangan terdapat di dalam perjanjian apabila dalam perjanjian disebutkan secara khusus dalam klausula-klausula yang telah disepakati dalam perjanjian. Perlindungan hukum yang terdapat diluar perjanjian yaitu dalam ketentuan peraturan perundang-undangan yang berlaku, yaitu KUHPerdata dan undang-undang. Perlindungan hukum merupakan suatu hal yang penting dalam menjamin terpenuhinya hak-hak hukum seseorang. Selain itu, perlindungan hukum yang diberikan memiliki tujuan lain yaitu guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) maupun represif (memperbaiki). Perjanjian yang disepakati dalam perjanjian jual beli tanah Letter C dibawah tangan menimbulkan suatu hubungan hukum antara dua pihak yang membuatnya. Hubungan hukum sendiri merupakan hubungan yang menimbulkan akibat hukum yang dijamin oleh hukum atau undang-undang. Setiap perbuatan hukum yang menimbulkan akibat hukum harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa diantara para pihaknya. Sengketa pertanahan dapat timbul setelah disepakatinya perjanjian jual beli tanah Letter C, maka dari itu diperlukan perlindungan hokum untuk memberi solusi dan kepastian serta kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.<br />Kata Kunci: Perlindungan Hukum; Perjanjian di bawah tangan; Jual Beli Tanah.</p>

Legal protection for Provider in Peer to Peer Lending: an Example from Indonesian Regulation

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Trinas Dewi Hariyana
Keyword(s):  
Risk Management ◽  
Legal Protection ◽  
Peer To Peer ◽  
Bank Credit ◽  
Legal Certainty ◽  
P2p Lending ◽  
Credit Agreement ◽  
Dispute Resolution Mechanism ◽  
Settlement Mechanism ◽  
Financial Technology

The Financial Technology peer to peer (P2P) lending concept still finds many weaknesses, especially in terms of legal protection for parties and risk management from Fintech itself. P2P Lending Regulation in Indonesia currently uses POJK No. 77 / POJK / 2016 concerning technology-based money lending and borrowing services. The position of Fintech P2P lending is similar to a bank, but the concept is a different agreement. Fintech P2P lending funds can come from investors or funders or cooperate with legal entities or banks. Considering that the risk posed by Fintech P2P lending is very large, Fintech must also implement consumer protection, risk management and prudential principles like a bank credit agreement so as to cover the risk of bad credit, the Fintech platform uses other means to protect funds from investors or investors. the other is with the protection fund as done by the Coin works platform. The protection fund does not cover the entire fund invested by the funder, depending on the availability of protection funds and the amount of credit that is experiencing congestion. The POJK regulation in article 19 describes the agreement clause which must contain the dispute resolution mechanism and the settlement mechanism if the implementation of lending and borrowing services is not able to continue operations, so that with the rules related to the clause it is expected that the funder will still get legal certainty and protection for funds.

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