scholarly journals Legal Protection of Debtor in Credit Settlement with Fiduciary Guarantee

2021 ◽  
Vol 8 (2) ◽  
pp. 101-106
Author(s):  
I Gede Raka Ramanda ◽  
Made Wiryani ◽  
Ni Luh Mahendrawati

This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.  

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 


Author(s):  
Gabriella Talenta Sekotibo

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.


2020 ◽  
Vol 8 (1) ◽  
pp. 144
Author(s):  
Socha Tcefortin Indera Sakti ◽  
Ambar Budhisulistyawati

<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>


2019 ◽  
Vol 7 (2) ◽  
pp. 181
Author(s):  
Chartilia Gendis Napinillit M. ◽  
Anjar Sri Ciptorukmi

<p>This article aims to analyze and know the law protection provided to parties involved in the agreement through the loan-based crowdfunding platform. The legal protection granted to the parties is contained within the agreement itself, namely within the clause of the clause agreed upon by the parties, and there is also an out of the agreement, that is, in the provisions of current laws and regulations. Law protection is an important thing to guarantee the fulfillment of the legal rights of a person. In addition to these objectives, law protection is provided to bring about legal certainty, legal benefit, and justice for the parties. Law protection can be preventive (prevent) or repressive (fix). The agreed agreement on the loan-based crowdfunding platform creates a legal relationship between the two parties of the manufacturer.  Legal Relationship is a relationship that gives rise to the consequences of a law guaranteed by law or law. Any legal action that raises legal consequences on a loan-based crowdfunding platform should have legal protection, especially when there is a dispute between the<br />parties. Peaceful forums or through deliberations can not be guaranteed to resolve existing disputes, therefore legal protection is required to provide a solution and clarity of existing dispute settlement or potentially occurring after the agreement is agreed.</p><p>Keywords: Law Protection, Agreement, Loan-based crowdfunding, .</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian melaui platform loan-based crowdfunding. Perlindungan hukum yang diberikan bagi para pihak terdapat didalam perjanjian itu sendiri, yaitu didalam klausula klausula yang telah disepakati para pihak, dan terdapat juga diluar perjanjian, yaitu didalam ketentuan peraturan perundang-undangan yang berlaku saat ini. Perlindungan hukum merupakan suatu hal yang penting untuk menjamin terpenuhinya hak hak hukum dari seseorang. Selain tujuan tersebut, perlindungan hukum yang diberikan guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) atau represif (memperbaiki).  Perjanjian yang disepakati pada platform loan-based crowdfunding menimbulkan suatu hubungan Hukum antara dua pihak pembuatnya. Hubungan Hukum yaitu hubungan yang menimbulkan akibat Hukum yang dijamin oleh Hukum atau Undang-Undang. Setiap perbuatan hukum yang memunculkan akibat hukum pada platform loan-based crowdfunding harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa antar pihak. Forum damai atau melalui cara musyawarah belum dapat menjadi jaminan akan terselesaikannya sengketa yang ada, maka dari itu perlindungan hukum diperlukan untuk  memberi solusi dan kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati.</p><p>Kata Kunci: Perlindungan Hukum, Perjanjian, Loan based crowdfunding.</p>


2015 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Ridwan Mansyur

As a public institution in the field of justice, the Supreme Court is required to commit to apply the disclosure of information. Nowadays, transparency of information disclosure in the context of justice for the Supreme Court is not only the public needs but also the needs of all residents of the judiciary. With the judicial transparency, will slowly happen to strengthen accountability and professionalism and integrity of the judiciary residents. Commitment to provide disclosure of both the process and the end result is a concrete manifestation of public services as access to justice (access to justice) given by the Court at the lowest levels up to the Supreme Court.  Quality of excellent public services through the transparency of the judicial information disclosure is the estuary of execution Reform of Bureaucracy.Keywords : Information transparency, Judicial, Integrity and Legal Certainty


FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 97
Author(s):  
Aju - Putrijanti

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second,  the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.


2020 ◽  
Vol 1 (2) ◽  
Author(s):  
Mellisa Rahmaini Lubis

Consumers loses have occurred in the practice of Fintech-based loans by non-bank financial institutions. The reports of losses arising from Fintech transactions has increased. This is because many Fintech organizers have not received permission from the OJK but are still able to conduct business activities in Indonesia. The problem in this study is: How is the supervision by the Financial Services Authority (OJK) of non-bank financial institutions providing fintech-based venture capital lenders for MSMEs? And how is the legal consequences of fintech-based business capital loan services for MSME entrepreneurs. The study used normative legal approach and the data analyzed by descriptive qualitative.          The results of this study indicate that supervision by the OJK of non-bank financial institutions providing fintech-based venture capital lenders for SMEs as a form of legal protection to consumers. It is carried out in the form of preventive and repressive protection. Preventive protection is implemented by enacting OJK Regulation Number 77 / POJK.01 / 2016, OJK Circular Letter Number 18 / SEOJK.02 / 2017 and OJK Regulation Number 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector. Repressive protection is by applying sanctions against fintech organizers who commit violations in the form of written warnings and fines; restrictions on business activities; and revocation of permission. The legal consequences arising from fintech-based business capital loan services for SMEs to fintech providers are required to improve standards and meet consumer protection aspects. The legal consequence for MSMEs is the potential for fraud and misuse of consumer data by Fintech service providers.


2020 ◽  
Vol 5 (1) ◽  
pp. 1-18
Author(s):  
Putu Eka Trisna Dewi

When the bank debtors did not make the payment, the bank as the holder of the mortgage is bound in the credit agreement by obtaining fulfillment of the debtor's credit through an auction process as mandated by law. Problems will arise if the auction winner cannot own or control what he has won because the debtor uses the auction process on the collateral. Then the winner of the auction is a buyer with ‘good faith’ who must be protected by law, and legal protection for the buyer with ‘good faith’ as stated in article 584 of the Civil Code of ‘good faith’ exists if the property rights are obtained through one of the means to obtain property rights, where from that article It is known that some of the transfer of existing property rights cannot be separated from the existence of the agreement law in the Civil Code. Legal remedies that can be taken by the injured parties during the auction execution by the court if there is a rebuttal due to the lawsuit made by the original owner which is later won by the court's decision of the original owner, then the auction holder can submit legal remedies to the high court to resolve the problem by way of an appeal to the Supreme Court. This is because selling through an auction is a civil selling effort and legal remedies that can be taken within the scope of civil law.


2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.


2019 ◽  
Vol 2 (1) ◽  
pp. 381
Author(s):  
Arfi Azhari ◽  
Siti Nurbaiti

Consumer Finance is a financing activity for the procurement of goods based on consumer needs with payment in installments. In consumer financing, the parties must have good intentions for the smooth running of the agreement, but in practice the principle of good faith is often violated by the parties such as in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 decides to grant a request from Martha Sitorus (consumer) with consideration of Article 2 of the UUPK and the principle of good faith, which in this case with the existence of the decision clearly has harmed PT. Toyota Astra Financial Service Medan (business actor) for consumer financing agreements. The problem studied is how the legal protection of business actors carried out by consumers in consumer financing and how the RI Decision No. 1041 / K-Pdt.Sus-BPSK/2017 towards legal protection of business actors carried out by consumers in consumer financing. The research method used is a normative method supported by interview data. The results of the writing illustrate that the business actor does not receive legal protection as stipulated in Article 6 letter (b) UUPK and in the Decision of the Supreme Court of the Republic of Indonesia No. 1041 / K-Pdt.Sus-BPSK/2017 The Panel of Judges is not right in making decisions.


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