scholarly journals Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Pengalihan Objek Jaminan Fidusia

2021 ◽  
Vol 1 (3) ◽  
pp. 106-119
Author(s):  
M. Hadhri Nur ◽  
Elly Sudarti ◽  
Dheny Wahyudi

This study aims 1) to determine and analyze the factors causing the occurrence of the crime of transferring the object of fiduciary security in Jambi City; 2) to identify and analyze efforts to overcome the occurrence of a criminal act of transferring the object of fiduciary security in Jambi City. The research method used is empirical legal research methods. The results showed that 1) the factors causing the crime of transferring the object of fiduciary security in Jambi City consisted of internal factors and external factors. ; 2). Efforts to overcome the cause of the crime of transferring the object of fiduciary security in Jambi City are through preventive and repressive measures from the police and related parties with fiduciary guarantees. Abstrak Penelitian ini bertujuan 1) untuk mengetahui dan menganalisis faktor penyebab terjadinya terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi; 2) untuk mengetahui dan menganalisis upaya penanggulangan terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi. Metode penelitian yang digunakan adalah metode penelitian hukum empiris. Hasil penelitian menunjukkan bahwa 1) faktor-faktor penyebab terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi terdiri atas faktor internal , dan faktor eksternal. ; 2). upaya penanggulangan penyebab terjadinya tindak pidana pengalihan objek jaminan fidusia di Kota Jambi adalah dengan upaya preventif maupun represif dari pihak kepolisian dan pihak terkait dengan jaminan fidusia.

Syntax Idea ◽  
2021 ◽  
Vol 3 (10) ◽  
pp. 2155
Author(s):  
Maman Budiman

The challenge faced by the Indonesian nation against the anti-corruption movement is the weakening of law enforcement agencies, especially the Corruption Eradication Commission in preventing and cracking down on corruption crimes such as the composition of the commission of investigators, investigators and public prosecutors, which comes from the police and prosecutors. The purpose of this study is to examine the factors that cause corruption, examine the challenges and strategic issues faced by the Indonesian nation in the anti-corruption movement and review the efforts that must be made by the government so that the challenges and issues of the anti-corruption movement can be resolved. The research method used is normative legal research by reviewing and researching laws and regulations. The results of the analysis concluded that the acts of corruption committed were caused by several factors. There are derived from internal factors such as greedy or greedy nature, other factors are consumptive lifestyle, less powerful moral factors. While the second factor is external factors such as politics, legal factors, economic factors. These issues are a challenge and a strategic issue faced by the Indonesian nation in the anti-corruption movement. The existence of a Corruption Eradication Commission institution formed at the time of reform is considered less than optimal in terms of prevention. The Corruption Eradication Commission (KPK) was formed because conventional legal institutions are less than optimal in terms of prevention and enforcement of corruption. Efforts that must be made by the government so that the challenges and issues of the anti-corruption movement can be resolved is to declare that corruption is an enemy of the Indonesian nation.


2021 ◽  
Vol 11 (2) ◽  
pp. 170-179
Author(s):  
Tara Maziyyah ◽  
Edytiawarman Edytiawarman ◽  
Widiya N Rosari

This study aims to determine and analyze the settlement of problem loans through the mediation of PT. Bank Central Asia Bengkulu Branch and to identify and explain the obstacles that arise in the settlement of non-performing loans at PT. Bank Central Asia, Bengkulu Branch. The research method used is empirical legal research, the research location was at PT Bank Central Asia Bengkulu Branch Office, the data collection technique was carried out through interviews. In PT Bank Central Asia, Bengkulu Branch, there are 178 people who are debtors. If the debtor does not fulfill his obligations, there will be default, which can cause the credit activity to become a non-performing loan. The settlement of non-performing loans at PT Bank Central Asia, the bank first carries out the negotiation stage, if the obligations are still not fulfilled by the debtor, the next step is to carry out the mediation process. The process of settling non-performing loans through mediation at PT Bank Central Asia Bengkulu Branch is carried out by means of internal mediation, which is the mediator, namely from the Legal and Compliance Task Force team at the Sentul Head Office, Bogor. There are 7 debtors who have completed problem loans until the mediation stage. The non-performing loan settlement process has never been carried out by means of litigation and never through OJK. Inhibiting factors have 2 causes, namely from internal factors and external factors. The suggestion for this research is to provide insights about the mediation process to the debtor so that the debtor understands the mediation process.


2021 ◽  
Vol 5 (2) ◽  
pp. 47
Author(s):  
Sujud Sujud

Murder is an inhuman crime, where the perpetrator of the crime kills with the intention of being planned in advance because it will kill other people's lives for a specific purpose, this crime is a crime of enmity between individuals and groups so that the victim is helpless, so the police investigator reveals his identity. Carefulness is needed. The problems discussed are what are the factors causing the crime of murder and how are the efforts to overcome the crime of murder. The research method used is normative juridical research. Data collection is based on literature study, based on the results of the research that the author has done, the factors that cause murder are internal and external factors. Internal factors, namely internal factors, and external factors, namely economic, environmental, and family factors. Efforts to tackle the crime of murder, namely penal and non-penal measures, are efforts to reduce the space for movement and opportunities for the committing of crimes. The suggestion in this research is that there is a need for cooperation between legal institutions and the government through police and military officers to prevent and cope with future premeditated murder, prosecutors and judges are requested to be able to prosecute and impose the maximum possible punishment on the perpetrators of the murder guided by the Criminal Code.


2021 ◽  
Vol 2 (2) ◽  
pp. 243-247
Author(s):  
I Wayan Indra Adi Wicaksana ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Public interest in shoes is a special need, shoes are in great demand by millennials because they are useful for protecting feet. The habit of collecting these shoes arises from the desire of humans to keep their goods so they don't get damaged quickly and stay clean for a Long time. However, there are still cases of damage to shoes that cause Losses to consumers and there is no responsibility from the shoe washing service. The research method used is the type of empirical Law, empirical legal research aims to find facts, and conduct interviews. There are internal and external factors that cause damage to consumer shoes by business actors. So that responsibility for losses cannot be carried out unilaterally between business actors and consumers because there are Legal remedies that can be taken if they are harmed. Lack of knowledge and understanding fromconsumers, makes the position of consumers lower than business actors. So with the existence of Law Number 8 of 1999 concerning Consumer Protection, both parties need to know so that their rights and obligations are not violated.


2021 ◽  
Vol 2 (2) ◽  
pp. 223-227
Author(s):  
Kadek Dwinta Pradnyasari ◽  
Johannes Ibrahim Kosasih ◽  
Desak Gde Dwi Arini

Agreement is the most important source that gives birth to the engagement. One form of engagement in the sources of the agreement is the extension of credit from the bank. This research uses empirical legal research type, data collection techniques in this study using field research. The procedure for granting credit consists of several stages, namely the credit application stage, the location survey stage for prospective debtors, the analysis stage, the decision-making stage, and the credit disbursement stage. The results of the analysis found that the factors that cause default are internal factors and external factors. Internal factors are caused by debtors who are not credible and also unstable economic factors in the midst of the Covid-19 pandemic which caused debtors to be unable to pay arrears in the LPD. External factors from the LPD take a persuasive approach to further handling problematic debtors. The purpose of this study is the procedure for granting credit and binding credit agreements carried out in the LPD Desa Pakraman Bebetin, Sawan District, Buleleng Regency, how are the factors that cause default in LPD Desa Pakraman Bebetin, District of Sawan, District of Buleleng.


2021 ◽  
Vol 5 (1) ◽  
pp. 68-75
Author(s):  
Panetir Bungkes ◽  
Milda Sahyuli

Minimizing financing problems PT. Bank Syariah Mandiri Sub-Branch Office (KCP) Takengon needs to supervise murabahah financing, be it supervision before financing or supervision after financing. Because most of the assets of PT. Bank Syariah Mandiri KCP Takengon is in murabahah financing with a total of 1388 financing customers so that the quality of the financing must be maintained. This research method uses a qualitative descriptive approach. The data sources that the authors use are primary sources. Data collection techniques obtained from observation, interviews, and documentation. In addition, data analysis used is data reduction, data presentation and drawing conclusions. The result of this research is that the supervision mechanism of murabahah financing at PT. Bank Syariah Mandiri KCP Takengon uses character analysis, capital, capacity, collateral, and conditions of economy (5C). Meanwhile, the cause of problematic financing is due to internal factors and external factors. Furthermore, problematic financing can be minimized through the 5C analysis process unless it is caused by a natural disaster that is beyond the estimation of PT. Bank Syariah Mandiri KCP Takengon. The conclusion of the researcher is that the PT. Bank Syariah Mandiri KCP Takengon has implemented all murabahah financing supervision procedures that have been arranged systematically and structured.


Telaah Bisnis ◽  
2017 ◽  
Vol 17 (2) ◽  
Author(s):  
Kunto Ajibroto ◽  
Dematria Pringgabayu

Abstract The purpose of this study is analyzing external factors and internal factors, so it will be possible to find out the most appropriate strategy formulation for BPR Bhakti Daya Ekonomi(BDE) in facing the increasingly fierce competition. The research method used is qualitative with data collection using interview and observation, while for data analysis using SWOT method which also use analysis of EFAS and IFAS. The results of this study indicate that the position of BPR BDE for Credit Employees products is located in quadrant IV. In this quadrant the bank is in a position where its internal advantage is relatively more dominant than its weakness. However, in facing of the environment, threat is relatively greater than the chances. This study recom­mend that BPR BDE should adopt a concentrated diversification strategy while still focusing on employee loans not only serving civil servants and TNI/POLRI, but adding new products that are credit products for private employees, which specifically target private employee markets, who already have a steady income.


2019 ◽  
Vol 1 (1) ◽  
pp. 78-88
Author(s):  
Denny Hardi Pranata Saragih ◽  
Rizkan Zulyadi ◽  
Dessy Agustina Harahap

Children according to language are the second offspring as a result of male and female relationships. In consideration of Law No. 23 of 2002 concerning the protection of children, it is said that children are the mandate and gift of God Almighty, which is inherent in their dignity and dignity as whole human beings. The research method used is the author uses a type of Empirical Law research which is a legal research method that functions to look at the law in the real sense and examine how law works in the community. Because in this study examines people in living relationships in the community, the empirical legal research methods can be said as sociological legal research. Based on the position of decision case number 45 / Pid.Sus-Anak / 2018 / PN Lbp factors that cause children to commit crime are economic factors and are invited by friends and excessive lifestyle.


2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.


2020 ◽  
Vol 8 (12) ◽  
pp. 1862
Author(s):  
Fithrah Fithrah

Tujuan penulisan karya ilmiah ini adalah untuk mengkaji pengaturan terkait kepemilikan tanah di Indonesia oleh orang asing melalui perjanjian nominee dan upaya penegakan hukumnya. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan konseptual. Hasil dari penulisan karya ilmiah ini ialah penegakan hukum terhadap praktek kepemilikan tanah oleh orang asing melalui perjanjian nominee dapat dilakukan oleh kejaksaan selaku organ negara yang mewakili kepentingan publik, baik melalui sarana perdata maupun pidana. Hal ini perlu dilakukan guna melindungi tanah Indonesia dimiliki oleh orang asing dan guna mendukung upaya negara mewujudkan tugas konstitusionalnya, yakni menguasai tanah bagi sebesar-besarnya kesejahteraan rakyat tanpa harus memberikan ketidakadilan bagi Warga Negara Asing. The purpose of writing this scientific paper is to examine regulations related to land ownership in Indonesia by foreigners through nominee agreements and law enforcement efforts. The research method used is normative legal research methods using statute and conceptual approaches. The result of writing this scientific paper is that law enforcement against the practice of land ownership by foreigners through nominee agreements can be carried out by the prosecutor as the state organ representing the public interest, both through civil and criminal means. This needs to be done in order to protect Indonesian land owned by foreigners and to support the state's efforts to realize its constitutional duties, namely to control the land for the maximum welfare of the people without having to give injustice to foreign citizens.


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