scholarly journals TELAAH YURIDIS PEMBERIAN HAK GUNA BANGUNAN KEPADA PERSEKUTUAN KOMANDITER (CV)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nur Adhim ◽  
Siti Mahmudah ◽  
Kornelius Benuf
Keyword(s):  
Research Methods ◽  
Spatial Planning ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Entity ◽  
The Difference ◽  
The Right ◽  
Legal Subjects ◽  
Legal Entities

UUPA regulates that legal subjects to land rights, including land with the right to Building Rights (HGB), are owned by Indonesian citizens or legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when the issuance of a Circular from the Ministry of Agrarian Affairs and Spatial Planning (ATR) stated that a CV could apply for land rights in the form of HGB. The difference in the substance of the rules is the problem. This problem will be analyzed using normative juridical research methods, using secondary data, in the form of primary legal materials, and secondary legal materials. The author concludes that a CV cannot be granted a HGB certificate, because a CV is not a Legal Entity, and if it is done on behalf of another person or nominee there is a criminal threat.

scholarly journals Akselerasi Pembelajaran Al-Qur’an Berbasis Neurologi (Pola Metode Al-Barqy dan Wafa)

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
I’anatut Thoifah
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Accelerated Learning ◽  
Learning Methods ◽  
Left Brain ◽  
Library Research ◽  
The Right

Abstract. This study aims to determine the pattern of neurology-based learning methods of Al-Qur'an Al-Barqy and wafa as an effort to synchronize these methods with the principles of accelerated learning required in this advancement era. Researchers Use research methods library research or commonly referred to as literature studies by collecting primary and secondary data related to al-Barqy and death methods, then analyzing neurology using descriptive analysis. The results of this study indicate that the method of learning al-Qur'an al-barqy and wafa with its unique characteristics includes functioning of the right and left brain, besides being simple, fun and effective and making it easier for students to remember and recall old memories easily are points. It is important to acceleratinglearning neurology-based with the acrostic mnemonic method, where the language used is the daily language of students such as Ma-Ta-Sa-Ya and A-Da-Ra-Ja.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

Urgensi Penguatan Hak Atas Tanah Druwe Desa di Bali

Tunas Agraria ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
I Putu Dody Sastrawan ◽  
I Gusti Nyoman Guntur ◽  
Dwi Wulan Titik Andari
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Land Rights ◽  
Land Ownership ◽  
Qualitative Research Methods ◽  
Legal Subject ◽  
Ethnographic Approach ◽  
The Status ◽  
The Right

Abstract: Druwe Desa land is a customary whose management is implemented and belongs to desa pakraman. Although it has been acknowledged juridically, but the existence of Druwe Desa land in Bali is experiencing a vacuum related to the legal subject. On that basis, desa pakraman is appointed as subject of rights with respect to its land through the Decree of the Minister of Agrarian Affairs and Spatial/Head of National Land Agency Number 276/Kep-19.2/X/2017. The purpose of this research is to: (1) Make map of distribution of Druwe Desa land; (2) Describe the importance of strengthening the right to Druwe Desa land; (3) Describe the procedures for strengthening the right to Druwe Desa land; (4) Describe the benefits of the strengthening of Druwe Desa land rights. To achieve these objectives, qualitative research methods with ethnographic approach are used to understand the efforts of the community in maintaining the existence of Druwe Desa land. The results of this study indicate the potential shifting of the status of Druwe Desa land ownership that can indirectly threaten its existence. For that reason, it is necessary to strengthen the right to Druwe Desa land so that there will be no problems that can reduce the existence of asset of desa pakraman. Steps that need to be taken is the process of certification to obtain legal certainty.Keywords:   Druwe Desa land, desa pakraman, Existence, Tri Hita Karana, Awig-Awig  Intisari: Tanah Druwe Desa merupakan tanah adat yang pengelolaannya dilaksanakan dan menjadi milik desa pakraman. Meskipun sudah diakui secara yuridis, namun keberadaan tanah Druwe Desa di Bali mengalami kekosongan terkait subjek hukumnya. Atas dasar itulah, desa pakraman ditunjuk sebagai subjek hak berkenaan dengan tanah miliknya melalui Keputusan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 276/Kep-19.2/X/2017. Tujuan penelitian ini adalah untuk: (1) Membuat peta sebaran tanah Druwe Desa; (2) Mendeskripsikan pentingnya penguatan hak atas tanah Druwe Desa; (3) Mendeskripsikan tata cara penguatan hak atas tanah Druwe Desa; (4) Mendeskripsikan manfaat hasil penguatan hak atas tanah Druwe Desa. Untuk mencapai tujuan tersebut, digunakan metode penelitian kualitatif dengan pendekatan etnografi guna memahami upaya masyarakat dalam menjaga eksistensi tanah Druwe Desa. Hasil dari penelitian ini menunjukkan adanya potensi pergeseran status kepemilikan tanah Druwe Desa yang secara tidak langsung dapat mengancam eksistensinya. Untuk itu perlu dilakukan penguatan hak atas tanah Druwe Desa agar tidak terjadi permasalahan yang dapat mengurangi keberadaan aset desa pakraman tersebut. Langkah yang perlu diambil adalah proses pensertipikatan untuk mendapatkan kepastian hukum.Kata Kunci:    Tanah Druwe Desa, desa pakraman, Eksistensi, Tri Hita Karana, Awig-Awig Pendah

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

scholarly journals Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 560-563
Author(s):  
I Made Citra Gada Kumara ◽  
I Ketut Kasta Arya Wijaya ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Certainty ◽  
Descriptive Data ◽  
Law System ◽  
Analysis Technique ◽  
Physical Information ◽  
Secondary Data Sources ◽  
The Right

Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct

scholarly journals KEDUDUKAN BADAN HUKUM SEBAGAI SUBJEK HUKUM DALAM HUKUM EKONOMI SYARIAH

2020 ◽  
Vol 17 (2) ◽  
pp. 216-242
Author(s):  
Panji Adam
Keyword(s):  
Human Existence ◽  
Legal Entity ◽  
Legal Subject ◽  
Economic Law ◽  
The Subject ◽  
Islamic Economic ◽  
Important Position ◽  
Legal Subjects ◽  
Legal Entities

In the study of Islamic economic law the discussion of the contract occupies a very important position. The contract is said to be legally valid when compliance with the terms and conditions for the validity of the sharia agreement. One of the pillars that must be fulfilled is the parties who carry out the contract. In the classical muamalah fiqh study the parties that are the subject of law are only individuals, but as time goes by, there is a development, not only individuals who are legal subjects, but legal entities are subject to law. The position of this legal subject is recognized in the perspective of sharia economic law because it is the result of an analogy of human existence as a legal subject as long as it does not contradict sharia principles. In terms of fiqh muamalah the legal entity is usually called syakhsyiyyah i’tibariyah. The implementation in the context of Islamic economic law is in the form of contemporary partnership agreements.

scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

KEDUDUKAN SERTIFIKAT HAK ATAS TANAH SEBAGAI JAMINAN KEBENDAAN BERDASARKAN UNDANG-UNDANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH

2020 ◽  
Vol 8 (1) ◽  
pp. 57
Author(s):  
Bayu Setiawan Hendri Putra ◽  
Arief Suryono
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Analysis Techniques ◽  
Land Title ◽  
Strong Position ◽  
Agrarian Law ◽  
The Right

<p>Abstract<br />This article aims to find out the position and legal protection of holders of land title certificates as a material guarantee. This normative legal research is prescriptive and applied. The types and sources of material for this study include primary legal materials and secondary legal materials. Data collection techniques used are literature studies or document studies. Data analysis techniques are carried out by examining research from literature studies or secondary data studies. The results of this study explain that the position of Land Rights as collateral is regulated in the Basic Agrarian Law which states that land rights can be used as collateral for debt by encumbering Mortgage Rights. Land rights that can be used as Mortgage Rights objects must fulfill two elements, namely, must be registered with the Land Office and according to their nature must be transferable. Creditors have a strong position against collateral objects. Legal protection for the holder of the land rights certificate as a material guarantee if the debtor defaults, the creditor has the right to sell collateral for repayment of the receivables regulated in the Mortgage Right Act. The Mortgage Rights Act is a manifestation of the objectives of the Basic Agrarian Law in providing and guaranteeing legal certainty and legal protection in preventive and repressive forms.<br />Keywords: Collateral; Mortgage Right; Legal Protection; Land Right</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui kedudukan dan perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan. Penelitian hukum normatif ini bersifat preskriptif dan terapan. Jenis dan sumber bahan penelitian ini meliputi bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan yaitu studi kepustakaan atau studi dokumen. Teknik analisis data dilakukan dengan cara mengkaji penelitian dari studi kepustakaan atau studi data sekunder. Hasil penelitian ini menjelaskan bahwa kedudukan Hak Atas Tanah sebagai jaminan diatur dalam UU Pokok Agraria yang menyatakan bahwa hak atas tanah dapat dijadikan jaminan utang dengan dibebani Hak Tanggungan. Hak Atas tanah yang dapat dijadikan obyek Hak Tanggungan harus memenuhi dua unsur yaitu, wajib didaftarkan pada Kantor Pertanahan dan menurut sifatnya harus dapat dipindah tangankan. Kreditur memiliki kedudukan yang kuat terhadap benda jaminan. Perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan apabila debitur wanprestasi, kreditur berhak menjual benda jaminan untuk pelunasan piutangnya yang diatur dalam UU Hak Tanggungan. UU Hak Tanggungan merupakan wujud dari tujuan UU Pokok Agraria dalam memberikan dan jaminan kepastian hukum dan perlindungan hukum dalam bentuk preventif dan represif. <br />Kata Kunci: Jaminan; Hak Tanggungan; Perlindungan Hukum; Hak Atas Tanah</p>

scholarly journals Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018

2021 ◽  
Vol 6 (1) ◽  
pp. 220
Author(s):  
Bambang Tri Wahyudi ◽  
Rachmad Safa’at
Keyword(s):  
Supreme Court ◽  
Spatial Planning ◽  
Income Tax ◽  
Government Regulation ◽  
Land Rights ◽  
Land Registration ◽  
The Supreme Court ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.

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