scholarly journals Efektivitas Penggunaan Batas Waktu Surat Kuasa Membebankan Hak Tanggungan dalam Pemberian Kredit Bank pada PT.BPR Tapa

2021 ◽  
Vol 2 (2) ◽  
pp. 326-331
Author(s):  
Made Indira Sukma Dewi ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna

One of the institutions for providing capital and supporting the welfare of the people's economy is the Bank. Banks can channel funds to parties in need through the credit system. To provide legal certainty guarantees to the lending bank must be registered. Guarantee that takes precedence in this case, guarantee of materiality. One form of guarantee referred to is SKMHT. In the regulation or application of the Ministerial Decree on the Determination of Time Limits on the Use of SKMHT to guarantee the Repayment of Certain Loans, in reality, TAPA BPR is interesting for further study. The method used is an empirical legal research method. with a statutory, analytical, conceptual and sociological approach. The primary data collection technique in this study is the interview method. The results of this study indicate that there are three factors inhibiting the implementation of the time limit for using SKMHT in banking practices at PT. BPR TAPA, namely the credit guarantee does not have a certificate and the management period is long so that the SKMHT has ended, there is a disturbance in the BPN data input system, and the debtor is not willing to make payments, which causes SKMHT cannot be followed up by charging APHT

2021 ◽  
Vol 2 (3) ◽  
pp. 610-615
Author(s):  
I Nyoman Mahayu ◽  
A.A Sagung Laksrni Dewi ◽  
Ni Made Puspasutari Widianti

The activity of borrowing money, which is often related to the condition of submitting debt guarantees, is mostly carried out individually or by business entities. In fact, in carrying out credit agreements, it is often found that debtors apply for credit in the form of land guarantees to get credit with a certain nominal value. The bank will be more daring to provide land loans that have a high economy and the value of the land always increases from time to time and Mortgage Rights are created, namely collateral rights imposed on land rights. The purpose of this study was to determine the mechanism for registering mortgage rights through electronic means at PT.BPR Pedungan Denpasar, and to find out the obstacles faced in determining mortgage registration through electronic means at PT.BPR Pedungan Denpasar. This type of research is part of sociological legal research which includes identifying unwritten laws and examining the effectiveness of laws. In the analysis of legal theory through the view of legal science, starting from normative and empirical. The primary data collection technique in this research is the interview method.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Mutiara Hamdalah ◽  
Yudha Chandra Arwana ◽  
Asna Yusrina

Legal Offers In Improving the Effectiveness of Forced Money Determination Efforts and Administrative Sanctions On the warning of a valid verdict that is not carried out by the defendant. The assessment of the formulation of the problem in this study is how the legal culture in Indonesia to the application of Article 116 paragraph (4) of Law No. 51 of 2009 on State Administrative Justice. In this paper the author also provides an understanding of the comparison of the State Administrative Law system (Indonesia) with Verwaltungsgerecht (Germany) in order to realize legal justice for the community. By using paradigms in terms of epistemological and axological aspects. In the implementation has not been found a special authority in overseeing the existence of the State Administrative Decision (KTUN) that has been validly decided by the judge, there are still some cases of defendants who do not carry out the warning of the verdict against the verdict. The defendant must pay forced money or administrative sanctions against it. From these cases, there should be special authority in supervising the KTUN that has been decided by the judge. The author in this paper offers a legal offer to improve the effectiveness in the implementation of the KTUN in improving legal certainty and guarantee of legal protection in the field of State Administrative Justice. The authors of this paper use descriptive doctrinal research methods, descriptive legal research that explains what should be communicated with the law in the review of das sollen and das sein.


2021 ◽  
Vol 1 (3) ◽  
pp. 309-314
Author(s):  
ERNAWATININGSIH ERNAWATININGSIH

This study aims to determine the effectiveness of the use of UKBM in developing students' cognitive in the Biology Subject of MAN Bangkalan. UKBM is a small unit of study arranged sequentially from easy to difficult. UKBM as a learning tool for students to achieve knowledge and skill competencies in learning using the Semester Credit System (SKS). A good and interesting UKBM indicator is being able to provoke students to read and practice, thus encouraging students to study hard and work on the UKBM competency test and consult the teacher if there are difficulties. This study uses a descriptive qualitative approach to explain and analyze students' knowledge of the effectiveness of UKBM. The type of data in this study is primary data obtained directly from respondents by interview method. The research subjects were MAN Bangkalan students who were randomly selected with a total of 6 students, 3 students with 4 credits, and 3 students with 6 credits. This research was conducted on October 20, 2021 for 1 day at MAN Bangkalan, with 8 questions about the effectiveness of UKBM on the learning outcomes of Biology subjects for students. The results of the research are that the use of UKBM is quite effective for the KBM process for Biology subjects for Class X students at MAN Bangkalan, but students also expect supporters to maximize the UKBM by zooming and google meet so that the material is better understood by students. ABSTRAKPenelitian ini bertujuan untuk mengetahui Efektifitas pengunaan UKBM dalam mengembangkan kognitif siswa pada Mata Pelajaran Biologi MAN Bangkalan. UKBM merupakan satuan pelajaran yang   kecil   yang   disusun   secara berurutan dari yang mudah sampai ke yang sukar. UKBM   sebagai   perangkat   belajar bagi peserta didik untuk mencapai kompetensi pengetahuan dan keterampilan pada pembelajaran dengan menggunakan Sistem Kredit Semester (SKS). UKBM yang bagus dan menarik indikatornya adalah mampu memancing siswa untuk membaca dan berlatih, sehingga mendorong siswa rajin mempelajari dan mengerjakan uji kompetensi UKBM dan mengkonsultasikannya kepada guru jika ada kesulitan. Penelitian ini menggunakan pendekatan kualitatif deskriptif  untuk menjelaskan dan menganalisis pengetahuan siswa terhadap keefektifitasan UKBM. Jenis data dalam penelitian ini yaitu data primer yang diperoleh langsung dari responden dengan metode wawancara. Subjek penelitiannya yaitu siswa MAN Bangkalan yang dipilih secara acak dengan total siswa berjumlah 6 orang dimana 3 orang siswa dengan 4 SKS, dan 3 orang siswa dengan 6 SKS. Penelitian ini dilakukan pada tanggal 20 Oktober 2021 selama 1 hari di MAN Bangkalan, dengan 8 pertanyaan seputar keefektifkan UKBM terhadap hasil belajar mata pelajaran Biologi bagi siswa. Hasil penelitiannya yaitu penggunaan UKBM sudah cukup efektif untuk proses KBM mata pelajaran Biologi Kelas X siswa MAN Bangkalan, namun siswa juga mengharapkan adanya pendukung untuk memaksimalkan UKBM tersebut yaitu dengan zoom dan google meet sehingga materi terssebut lebih dipahami oleh siswa.


PLENO JURE ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 16-35
Author(s):  
Muhammad Kamran Imran

Penelitian ini dilakukan dengan bertujuan: Untuk mengetahui dan memahami efektivitas pelaksanaan pembagian harta bersama dalam perkawinan Poligami jika terjadi perceraian. Jenis penelitian ini adalah penelitian hukum dengan tipe penelitian hukum empiris atau (Socio Legal Study Research). Hasil Penelitian ini menunjukkan bahwa: Efektivitas pelaksanaan pembagian harta bersama dalam perkawinan poligami jika terjadi perceraian adalah kurang efektif. Oleh karena dipengaruhi oleh beberapa faktor dan tidak tercapainya sasaran atau tujuan yang ditentukan sebelumnya, sehingga derajat ukuran efektivitas tidak terpenuhi. Rekomendasi: (1) Perlu Pengaturan Hukum Positif yang mengatur  syarat mutlak berpoligami, harta bersama dengan istri terdahulu wajib dipisahkan dengan permohonan izin poligami bersamaan dengan penetapan harta bersama, untuk menghindari terjadinya penyelundupan hak istri terdahulu oleh suami dan memberikan kepastian hukum hak-hak istri terdahulu mengenai harta bersamanya. (2) Bahwa faktor-faktor yang bisa mempengaruhi efektivitas pelaksanaan pembagian harta bersama dalam perkawinan poligami, penegak hukum harus mengupayakan untuk mencegah hal tersebut, sehingga tolak ukur efektivitas pelaksanaan pembagian harta bersama dalam perkawinan poligami setelah perceraian dapat berjalan efektif. Abstract. This research was conducted to find out and understand the effectiveness of the implementation of the sharing of joint property in a polygamy marriage in case of divorce. This type of research is legal research with empirical legal research type (Socio Legal Study Research). The results of this study indicate that: The effectiveness of the distribution of shared assets in polygamy marriages in the event of a divorce is less effective. Because it is influenced by several factors and not achieving the goals or objectives determined beforehand, so the degree of measure of effectiveness is not met. Recommendations: (1) A Positive Legal Arrangement is required that regulates the absolute requirements of polygamy, shared assets with the previous wife must be separated from the request for a polygamy permit together with the determination of shared assets, to avoid smuggling the rights of the previous wife by the husband and provide legal certainty of the rights of the previous wife regarding property with him. (2) That the factors that can affect the effectiveness of the distribution of shared assets in polygamy marriages, law enforcement must strive to prevent this, so that the effectiveness of the distribution of shared assets in polygamy marriages after divorce can be effective.


Author(s):  
Indah Dugi Cahyono ◽  
Sulistyowati Iriyanto ◽  
Muhammad Sood

This article aims to analyze the implementation of transition and distribution of inheritance from the inheritor to the recipient of inheritance, and the solution of inheritance disputes through non-litigation in the West Sumbawa community. This article sourced from the results of empirical legal research with a legal and anthropological approachs. The type of data is secondary and primary data that analyzed qualitatively. The results showed that, transition and distribution of inheritance in West Sumbawa community, generally conducted when the inheritor is still alive, with the aim that the inheritance recipient know the portion received, avoid rights disputes, support the lives of married inheritors, and so that the inheritor spirits can calm down akherat, while the determination of portion of each recipient of inheritances is two parts for men and one part for women. Settlement of inheritance disputes, generally through non-litigation efforts. This model refers to the principle of inter-family deliberation, or by mediation that involves a third party as a mediator. This model is beneficial for the parties because their secrecy is guaranteed to protect, the procedures for settlement are fast, very simple, informal, and the costs are very cheap. So, the parties are more free to negotiate, and the results are peace (Win-win Solution), so that the relations of the parties will remain harmonious.


2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Anita Afriana ◽  
Abdoel Harun Lamo

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.


Acta Comitas ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 373
Author(s):  
Ira Damayanti

This study discussed about provision of grants is based on governor regulation of Bali number 2 of 2017 on Guidelines for Grant and Social Assistance, focusing on the implementation arrangement based on related Governor regulation and its relations with Article Number 298 (5) on Law Number 23         of 2014, which has caused different interpretation about the grant provision arrangement implemented by Bali Provincial Government. The study is done by using normative legal research, along with several approaches, such as legislation approach, legal concept approach, as well as case-based approach utilizing primary an d secondary legal sources with combination of snowball technique and card system to obtain all laws and regulations related to the issue studied. The objective of this studyis to formulate solutiontothe conflicting norms in the existing legislation in order to provide legal certainty for the community. The study shows that grant provision arrangement implemented by Bali Provincial Government is based on Bali Governor Regulation, Provision which was formulated based on Regulation of the Minister of Home Affairs Number 14 Year 2016 on the Second Amendment to the Regulation of the Minister of Home Affairs Number 32 Year 2011. It is found that the source of the conflicting norm sinimplementing grant provision at Bali Province comes fom the inconsistency between those regulations because the afore mentioned Governor Regulation has arranged for a logical flow of grant provision to community organizations not listed in the ministerial decree in order to support cultural sustain ability and development in Bali.


2020 ◽  
Vol 1 (2) ◽  
pp. 1-6
Author(s):  
A. A. Dwi Ani Agustini ◽  
I Made Suwitra ◽  
I Ketut Sukadana

Humans always live side by side and need other creatures to interact each other. They were created as social beings who cannot live alone. This research aims to analyze the existence of ngejot and the application of sanctions for violations in the Bongkasa Pertiwi Traditional Village. This type of research uses an empirical legal research with a sociological approach, a statutory approach, a concept approach and a case approach. The data in this study are primary data, namely data obtained from informants and respondents and secondary data using primary, secondary and tertiary legal materials. The results showed that the existence of ngejot in the Bongkasa Pertiwi Traditional Village, Abiansemal District, Badung Regency, currently prohibits the existence of the tradition of ngejot. Boosting is still a pro and contra in society because pushing is sometimes still practiced as a form (equalizing braya). Over time, the prohibition on driving can change and be adapted to the circumstances because it is flexible. With regard to the sanctions against the prohibition of boasting in the Bongkasa Pertiwi Traditional Village, a penalty of Rp. 1,000,000 (one million rupiah), apikul bass (100 kg) were required to be sinoman for 6 months and apologized in front of the people of Bongkasa Pertiwi Village. Even though the implementation of this ngejot is carried out only to the extent of ngejot aci for the completeness of the ceremony, it must be based on permission through Bendesa Adat.


2019 ◽  
Vol 4 (1) ◽  
pp. 54-62
Author(s):  
Patmasari Patmasari

This study aims to determine and analyze the legal awareness of the Ulunggolaka community in registering land and to find out and analyze the causal factors so that there are still ulunggolaka urban communities who do not register land. The research method used is empirical legal research that examines primary data obtained from observations, questionnaires, and interviews. The results of this study indicate that the legal awareness of Ulunggolaka Village community in conducting land registration is still relatively low by referring to the answers of respondents who have given their answers based on four legal awareness indicators, namely: (1) Legal Knowledge, (2) Understanding of the law, (3) ) Legal attitude and (4) Pattern of legal behavior. The causal factor so that there are still ulunggolaka urban communities who do not register their land is based on the low legal awareness of the community of the importance of securing assets (land) by obtaining guarantees and legal certainty so that ownership is not strongest and cannot be disturbed, and besides that the community is unable to meet the requirements that must be completed in carrying out land registration, especially proof of the origin of the land, plus the expensive costs and administrative arrangements that are difficult for the community.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 277
Author(s):  
Nailatul Muna ◽  
Anis Mashdurohatun

The purpose of this study was to: 1) Analyze know their roles and responsibilities in the establishment of the Guild Commanditaire Notary. 2) Obstacles encountered in implementing the Notary's role and responsibility in the establishment of the Guild Commanditaire. 3) The solution or an attempt to overcome the obstacles encountered in implementing the notary's role and responsibility in the establishment of the Guild Commanditaire.This study using sociological juridical approach or empirical legal research involves studying law from an external perspective to the object of the study of social attitudes and behavior against the law. Sources of primary data from interviews, while secondary data from literature. The study was analyzed by using a descriptive analysis.The research results are: 1). Roles and responsibilities in the establishment of the Guild Commanditaire Notary is to create legal certainty for the deed he made are authentic and can be used as a means of proving strong and when there are problems associated with the establishment of a limited partnership. Notary also instrumental in the establishment registration Kommanditgesellschaft the Ministry of Law and Human Rights through an online system that is SABU. Notary responsible for storing all documents in the manufacture of the deed of establishment. 2). The obstacles faced by the Notary is the rule about registering through SABU is still relatively new so in the field occurred constraints for example, many notaries are not yet aware of any changes to the rules and the registration mechanism.Keywords: Guild Commanditaire; Deed; SABU.


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