scholarly journals ENFORCEMENT OF THE CREDIT AGREEMENT WITH THE GUARANTEE OF THE MORTAGE FOR THE DEVELOPER OF RESIDENTIAL CONSTRUCTION WITH CREDIT

2017 ◽  
Vol 6 (3) ◽  
pp. 620
Author(s):  
I Nyoman Widana

<p>In article 2 paragraph (2) of the Mortgages Law on section 22 subsection (9) has deleted the mortgages rights on the object that is concerned to be logged by the land Office over the books of the land and rights of a dependent as well as the Certificate of land entitlement which has been free from the rights of the original relations. However, section 22 subsection (9) of the mortgages law does not specify the logging enforcement of time limit by the Office of the Land Commission as specified in article 22 paragraph (8). This research aims to analyse the enforcement of credit agreement residential construction with dependent rights in the city of Mataram. What are the factors affecting the enforcement of the rights of dependent credit residential construction in the city of Mataram and how is the responsibility of the notary against the deed of credit agreement made in residential construction. This research is empirical legal research seeking at how the law in reality field. The research uses descriptive qualitative analysis supported by qualitative approaches. Based on the results of the research, enforcement of a residential construction that charged on right dependents between company and bank has previously started by an agreement in which the agreement was made to facilitate the parties in conducting the process of loading a dependent right which the rights and obligations of the parties are set forth in the cooperation agreement.</p>

2020 ◽  
Vol 8 (11) ◽  
pp. 1680
Author(s):  
Maria Cynthia Sesa Maryono ◽  
I Wayan Novy Purwanto

Tujuan Penulisan dari karya ilmiah ini untuk mengetahui bentuk perjanjian serta akibat hukum bagi pihak penerima waralaba jika melanggar perjanjian waralaba Es Teh Poci dikota Denpasar. Jenis penelitian yang digunakan dalam penulisan artikel ini adalah jenis penelitian hukum empiris. Teknik pengumpulan data yang digunakan dalam penulisan ini adalah dengan cara wawancara dan dilakukan pada orang - orang yang terlibat dalam praktik perjanjian waralaba Es Teh Poci. Hasil studi menunjukkan bahwa bentuk perjanjian waralaba Es Teh Poci dikota Denpasar Selatan merupakan bentuk perjanjian dibawah tangan, pada perjanjian ini mengatur ketentuan yang berlaku dalam menjalankan waralaba Es Teh Poci tetap dapat berjalan dengan baik didalam sistem hukum maupun segi penjualannya. Akibat yang terjadi apabila pihak penerima waralaba melakukan wanprestasi didalam suatu perjanjian waralaba Es Teh Poci di Kota Denpasar Selatan menjelaskan apabila pihak mitra melanggar ketentuan yang berlaku dari segi hak dan kewajiban, maka perjanjian yang telah disepakati dapat berakhir. Pihak pemberi waralaba akan membatalkan perjanjian kerjasama dan meminta pihak penerima waralaba untuk menghentikan penjualan produk pihak pemberi waralaba. The purpose of writing this scientific paper is to find out the form of the agreement and the legal consequences for the franchisee if it violates the Es Teh Poci franchise agreement in the city of Denpasar. This type of research used in writing this article is a type of empirical legal research. The data collection technique used in this writing is by means of interviews and is carried out on people who are involved in the practice of the Es Teh Poci franchise agreement. The form of the Es Teh Poci franchise agreement in the city of South Denpasar is a form of under-hand agreement, in this agreement the provisions that apply in running the Es Teh Poci franchise can still run well in the legal system and in terms of sales. The consequences that occur if the franchisee defaults in an Es Teh Poci franchise agreement in South Denpasar City explains that if the partner violates the applicable provisions in terms of rights and obligations, the agreement that has been agreed can end. The franchisor will cancel the cooperation agreement and ask the franchisor to stop selling the products of the franchisor.


2020 ◽  
Vol 1 (2) ◽  
pp. 133-137
Author(s):  
Leomardo Ebedkena Tabuni ◽  
I Made Arjaya ◽  
Desak Gde Dwi Arini

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.


Author(s):  
Sailendra Wangsa ◽  
Sri Walny Rahayu ◽  
M. Jafar

Aceh as a Province that implements Islamic Sharia is required so that every product circulating to be certified halal before being consumed by the public. The task was given to the Aceh Ulama Consultative Assembly through the Institute for the Assessment of Food, Medicine and Cosmetics Aceh Ulama Consultative Assembly (LPPOM MPU) Aceh. In fact in 2017 the discovery of the same noodle products traded in the city of Banda Aceh and not halal certified. This study discusses to explain and analyze the causes of ineffective consumer protection by the Aceh Ulama Consultative Assembly on Samyang Noodle Product Halal Certification Certification. This research is an empirical juridical legal research using a legal sociology approach and a qualitative analysis approach using an inductive mindset. Based on the results of research that prove the obstacles-which cause less effective consumer protection by the Aceh Ulama Consultative Assembly on the certification of halal labels for Samyang noodles are that the Aceh Government has not issued a Governor Regulation which is a derivative of Qanun Number 8 of 2016 concerning the Halal Product Guarantee System. And the socialization of the Qanun has not been communicated to the wider community and business people Aceh sebagai Provinsi yang melaksanakan syariat Islam diwajibkan agar setiap produk yang beredar untuk disertifikasi halal sebelum dikonsumsi oleh masyarakat. Tugas tersebut diberikan kepada Majelis Permusyawaratan Ulama Aceh melalui LPPOM MPU Aceh.. Kenyataanya pada tahun 2017 ditemukannya produk mie samyang yang diperdagangkan di Kota Banda Aceh serta tidak bersertifikasi halal. Penelitian ini bertujuan untuk menjelaskan dan menganalisis hambatan yang menyebabkan kurang efektifnya perlindungan konsumen oleh Majelis Permusyawaratan Ulama Aceh Terhadap Sertifikasi Label Halal Produk mie Samyang. Penelitian ini merupakan penelitian hukum yuridis empiris dengan menggunakan pendekatan sosiologi hukum dan pendekatan analisis secara kualitatif menggunakan kerangka pikir induktif. Berdasarkan hasil penelitian diketahui bahwa hambatan-hambatan yang menyebabkan kurang efektifnya perlindungan konsumen oleh Majelis Permusyawaratan Ulama Aceh terhadap sertifikasi label halal produk mie Samyang yaitu, Pemerintah Aceh belum mengeluarkan Peraturan  Gubernur yang merupakan turunan dari Qanun Nomor 8 Tahun 2016 tentang Sistem Jaminan Produk Halal. Dan belum tersosialisasinya Qanun tersebut kepada masyarakat luas dan para pelaku usaha.


2020 ◽  
Vol 2 (2) ◽  
pp. 170-180
Author(s):  
Hardiyanto Hardiyanto ◽  
Marlina Marlina ◽  
Muazzul Muazzul

This article discusses the problems regarding the factors causing the increase in criminal by theft robbery in Medan, what is the role of the General Criminal Agency of the Polerstabes Medan and what are the barriers Sin dealing with theft and robbery in the city of Medan. This study uses normative juridical legal research methods, with qualitative analysis. The data used are secondary data using primary legal sources. The results obtained in this study are that the cause of the increase in the level of criminal acts of theft and robbery is internal and external factors of the perpetrators of crime. General Criminal Agency Polrestabes Medan has a role as an investigator and investigator in criminal acts of theft and robbery that can use the authority given by the Criminal Procedure Code and police law. Obstacles obtained by criminal investigators can be categorized as barriers to juridical and non-juridical servitude.


2021 ◽  
Vol 9 (57) ◽  

This paper aims to look at the factors affecting the time spend outside their homes for the preschool children aged 0-6 and their families in Istanbul metropole city center focusing on Besiktas district of Istanbul. Building new cities particularly with open areas and new facilities to encourage secure mobility and social interaction is a growing topic of discussion globally. The effects of environment on children and children’s free movement in the natural environment on their mental and physical development are also another growing topic of discussion among the scholars worldwide. Using the methods of observation made in various spaces in Besiktas District such as market areas, streets and data from the face-to-face indepth interviews conducted with 24 parents of 0-6 aged children in Besiktas; the research aims to present the main factors affecting the children’s interaction with the city, mainly the time spend outside together with their parents and alone. The paper will reveal that the number of people taking care of the child, the occupation of the parents, the age of the child, geography and facilities of the place lived, health problems and spacial closeness to the family relatives are prominent factors affecting the time spent outdoors for children. Related to the factors discussed in the paper the times spend outside with children and interaction with the city are mainly limited and not very qualified. The findings of the research can be of value for the further studies in the areas of sociology, education, architecture, and city planners.


2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Retno Wahyurini Dominika

The type of research used in this study is normative legal research, which according to Peter Mahmud Marzuki, "Legal research is a study that analyzes the factual situation and applies the legal doctrines that have been formed. Relying on the theory of justice and the protection of the law, the principle of the law of guarantee does not abandon the principle of principle in the Agreement theory and the implementation of the prudential principle in the banking world which underlies the emergence of buy back guarantee. This study further considers developer interest and practice in the field the notary to analyze the form of legal relationship and accountability between Debtor, Bank, and Developer which is subject to the buyback guarantee to be able to provide legal protection for the developer in case of retrieving object Guarantee. Finally in this study the authors conclude that the relationship between the Bank with the debtor/buyer who made the purchase of housing units with credit facilities Home Ownership of the Bank is regulated in a credit agreement with a guarantee with accountability Banks provide mortgage facilities and borrowers are obliged to pay installments, while the legal relationship between banks With the developer arranged in a buy back guarantee agreement, whereby the bank and the developer have entered into and signed a cooperation agreement stipulating that the developer is fully responsible and binding itself as a guarantor for the payment of the entire amount owed by the debtor/ buyer to the bank if the debtor/ buyer has Neglect obligations to the bank, then between the developer and the debtor / buyer the legal relationship arising is through the subrogation institution, where the payment of the debtor / purchaser's debt by the developer to the bank raises the subrogation or the change of the debtor's rights (A bank) by a third (developer) who pays the debtor (the bank) therefore as a form of legal protection for the developer to retrieve the collateral object if the developer executes the contents of the buy back guarantee, is the Subrogation DeedKeywords: Buy Back guarantee, Developer, Subrogation


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.


2020 ◽  
Vol 99 (4) ◽  
pp. 405-411
Author(s):  
Elena Ju. Gorbatkova

Introduction. The important factors affecting health and performance of young people are the conditions of education, in particular, a comfortable microclimate in the classrooms of higher educational institutions. Materials and methods. In view of the urgency of this problem, an analysis was made of the microclimate parameters of educational organizations of different profiles (Ufa city, the Republic of Bashkortostan). 294 classrooms were studied in 22 buildings of 4 leading universities in Ufa. A total of 3,822 measurements were taken to determine the parameters of the microclimate. The analysis of ionizing radiation in the aerial environment of classrooms. There was performed determination of radon and its affiliated products content. In order to assess the conditions and lifestyle of students of 4 higher educational institutions of the city of Ufa, we conducted an anonymous survey of 1,820 students of I and IV years of education. Results. The average temperature in the classrooms of all universities studied was 23.9±0.09 C. The average relative humidity in all classrooms was 34.2 ± 0.42%. Analysis of ionizing radiation (radon and its daughter products decay) in the aerial environment of the classrooms and sports halls located in the basement determined that the average annual equivalent equilibrium volumetric activity of the radon daughter products (EROA ± Δ222Rn) ranged from 28 ± 14 to 69 ± 34.5 meter, which meets the requirements established by SanPiN. Conclusion. The hygienic assessment of the microclimate parameters of educational institutions of various profile revealed a number of deviations from the regulated norms. The results indicate the need to control the parameters of the microclimate, both from the administration of universities, and from the professors. According to the results of the study, recommendations were prepared for the management of higher educational institutions in Ufa.


2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>


2020 ◽  
Vol 1 (2) ◽  
pp. 69-73
Author(s):  
Zaitun Zaitun

This research was conducted to find out how big the interest of tourists who come to visit wajik stalls and sugar cane juice sweet so that in know whether the two places are worthy made in culinary branding in the city of Berastagi tourism. The method used in this research is qualitative method with descriptive research type which explain the actual condition that happened in the field with data collection technique through observation, interview and documentation. Based on the results of the research can be in the know that in general the interest of visitors to enjoy the menu at the stall wajik peceren better in comparison the interest of visitors in sweet sugar cane stalls. The price offered in these two stalls is very relative and classified as not so expensive and visitors who come to stalls wajik peceren usually buy diamonds that are characteristic of the shop to be brought as by the family at home while the visitors who enjoy the menu at the sweet sugar cane where in general, visitors who come only enjoy the menu on offer, especially Berastagi sugar cane and not brought home as souvenir for the family.


Sign in / Sign up

Export Citation Format

Share Document