Actions Against The Law Caused on The Action of Cancellation of The Grants : Study of Decision No. 156/Pdt.G/2017/PN. Tjk

A grant is a free agreement in the form of giving part of the property to another person which cannot be withdrawn. Irrevocability is not an absolute provision because Article 1688 of the Civil Code regulates the conditions for withdrawing grants. However, the fact is that the withdrawal of the grant was given without heeding the provisions of the article. As a result, the withdrawal of grants that does not heed Article 1688 of the Civil Code will result in losses for the grantee and fall into the category of unlawful acts. The purpose of this study was to examine the cancellation of the grant granted by the judge in the decision no. 156/Pdt.G/2017/PN.Tjk with the Civil Code and analyze unlawful acts originating from the cancellation of grants that harm the grantee. To achieve this goal, the author uses a juridical-normative research method based on secondary data. Based on the research results the authors conclude that the cancellation of the grant in decision no. 156/Pdt.G/2017/PN.Tjk did not heed the provisions of Article 1688 of the Civil Code and as a result of the cancellation of the grant which harmed the grantee as compensation for fulfilling elements of an unlawful act in Article 1365 of the Civil Code.

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Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018)

Kosmik Hukum ◽

10.30595/kosmikhukum.v20i1.6433 ◽

2020 ◽

Vol 20 (1) ◽

pp. 21

Author(s):

Fathalya Laksana

Keyword(s):

Supreme Court ◽

Research Method ◽

Secondary Data ◽

Supreme Court Decision ◽

Civil Code ◽

Court Decision ◽

Analysis Method ◽

The Supreme Court ◽

Analytical Research ◽

The Law

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property

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Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

Batulis Civil Law Review ◽

10.47268/ballrev.v2i1.561 ◽

2021 ◽

Vol 2 (1) ◽

pp. 93

Author(s):

Nurainy Usman ◽

Merry Tjoanda ◽

Saartje Sarah Alfons

Keyword(s):

Research Method ◽

Civil Code ◽

Conceptual Approach ◽

Research Results ◽

Unilateral Termination ◽

The Future ◽

Legal Consequence ◽

The Law ◽

Contract Termination ◽

Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

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Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)

MASLAHAH (Jurnal Hukum Islam dan Perbankan Syariah) ◽

10.33558/maslahah.v11i2.2626 ◽

2021 ◽

Vol 11 (2) ◽

pp. 55-61

Author(s):

Adham -

Keyword(s):

Research Method ◽

Secondary Data ◽

Primary Data ◽

Legal Action ◽

N Addition ◽

Literature Study ◽

Cooperation Agreement ◽

Research Results ◽

Legal Remedies ◽

Buy Back

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.

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Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin

Wajah Hukum ◽

10.33087/wjh.v5i1.355 ◽

2021 ◽

Vol 5 (1) ◽

pp. 106

Author(s):

Indrajaya Indrajaya

Keyword(s):

Natural Resources ◽

Research Method ◽

Local Population ◽

Civil Code ◽

Legal Action ◽

Research Results ◽

Long Time ◽

Settlement Of Disputes ◽

The Village

In the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions.

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PKPU Policy Number 20 of 2018 Concerning the Prohibition of Former Corruptors as Legislative Candidates in the 2019 General Election

KnE Social Sciences ◽

10.18502/kss.v5i7.9315 ◽

2021 ◽

Author(s):

B Bahrudin ◽

H Hidayatullah

Keyword(s):

Data Processing ◽

Research Method ◽

Descriptive Analysis ◽

Secondary Data ◽

General Election ◽

Data Sources ◽

Political Ethics ◽

The Law ◽

Laws And Regulations ◽

Legal Force

This research was conducted to analyse the prohibition of former corruptors’ ability to become legislative candidates based on PKPU Policy Number 20 of 2018, in terms of synchronizing the policy with higher laws and examining it from the perspective of political ethics and legal politics in eradicating corruption in Indonesia. The research method adopted was normative juridical, and the types and sources of data used were secondary data, applying data sources from primary, secondary, and tertiary legal materials. The results of data processing are presented in the descriptive analysis. The outcomes of this research indicate that the synchronization of PKPU policy law No. 20 of 2018 regarding the disallowance of ex-corruptors from becoming legislative candidates clash with higher laws and regulations, namely Law Number 7 of 2017 regarding elections in conjunction with Law Number 12 of 2011 about the formation of laws and regulations. Therefore, the conclusion of the KPU regulations has no binding legal force. The actualization of a fair and sovereign election requires all policymakers’ support, especially in the enforcement and application of political ethics and the law to eliminate corruption in Indonesia. Keywords: policy, ex-corruptors, legislative candidate, election

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PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

JURNAL HUKUM DAN PERADILAN ◽

10.25216/jhp.6.2.2017.173-188 ◽

2017 ◽

Vol 6 (2) ◽

pp. 173

Author(s):

Muhammad Ridwansyah

Keyword(s):

Environmental Protection ◽

Research Method ◽

Environmental Governance ◽

Environmental Law ◽

Descriptive Analysis ◽

Secondary Data ◽

Legal Norms ◽

Criminal Sanctions ◽

The Law ◽

The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

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Religious Court Decision Number 222/Pdt.P/2017/PA.Sda: a Judge Considerations on Early Marriage Dispensation in Sidoarjo, Indonesia

Indonesian Journal of Law and Economics Review ◽

10.21070/ijler.2019.v2.34 ◽

2019 ◽

Vol 2 (2) ◽

Author(s):

Hadius Akbar ◽

Farikh Marzuqi

Keyword(s):

Research Method ◽

Secondary Data ◽

Data Sources ◽

Court Decision ◽

Early Marriage ◽

Primary Data ◽

The Law

Getting married is part of the worship which is sanctified by the Prophet Muhammad, but in Indonesia it has rules if there is someone who is underage married as stated in the law that if someone wants to do a marriage for the prospective bridegroom must be 19 years old and calom the bride must be 16, and can continue the marriage by requesting marriage dispensation permission to the Religious Court. This study aims to determine the judge's consideration of the early marriage dispensation based on the analysis of the Sidoarjo Religious Court Decision Number: 222 / Pdt.P / 2017 / Pa. . The research method used is a juridical-normative research method where data sources are obtained from secondary data and primary data. The results showed that the judgment of judges regarding the dispensation of early marriage was seen from a situation if it was not hastened to marry, something would happen that violated the law because the prospective bride had been pregnant for 1 month, even though the candidate had not reached 16 years but was seen from the evidence and witnesses that they were able to get married.

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The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

The Southeast Asia Law Journal ◽

10.31479/salj.v2i1.66 ◽

2018 ◽

Vol 2 (1) ◽

pp. 1

Author(s):

. Yuhelson ◽

. Maryano

Keyword(s):

Civil Law ◽

Secondary Data ◽

Civil Code ◽

Bankruptcy Law ◽

Community Life ◽

Legal Research ◽

Distribution Of Wealth ◽

Colonial Legacy ◽

The Law ◽

Principles Of Justice

Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors

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PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽

10.36546/solusi.v16i3.120 ◽

2018 ◽

Vol 16 (3) ◽

pp. 253-265

Author(s):

Asuan Asuan

Keyword(s):

Secondary Data ◽

Civil Code ◽

Legal Issues ◽

Legal Certainty ◽

Power Of Attorney ◽

Legal Research ◽

Government Regulations ◽

The Law ◽

Laws And Regulations

Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

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EFEKTIVITAS FUNGSI INTELIJEN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM MEWUJUDKAN KEAMANAN DAN KETERTIBAN MASYARAKAT DI WILAYAH HUKUM POLRES MAMUJU

Indonesian Journal of Legality of Law ◽

10.35965/ijlf.v2i2.333 ◽

2020 ◽

Vol 2 (2) ◽

pp. 66-72

Author(s):

S Ahmad ◽

Ruslan Renggong ◽

Baso Madiong

Keyword(s):

Human Resources ◽

Direct Observation ◽

Research Method ◽

Secondary Data ◽

Police Force ◽

The Internet ◽

Descriptive Research ◽

The Law ◽

Interview Questionnaire

Penelitian ini bertujuan (a) untuk mengetahui Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia Dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju. (b) untuk mengetahui faktor-faktor yang mempengaruhi Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia Dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju. Metode penelitian yang digunakan adalah penelitian deskriftif yakni penelitian yang mengkaji permsalahan dengan menggunakan data perimer dan sekunder dengan cara melalui wawancara, kuesioner dan observasi langsung kelapangan serta menggunakan buku-buku, artikel melalui penelusuran internet termasuk peraturan Perundang-Undangan yang berkaitan dengan permasalahan yang dibahas dalam penelitian ini. Hasil penelitian menunjukkan bahwa Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju dapat dikatakan cukup baik dan hal ini dapat dilihat dari Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju melalui (1) fungsi penyelidikan, (2) fungsi pengamanan., (3) fungsi penggalangan. Sedangkan faktor yang mempengaruhi Efektifitas Fungsi Intelijen Kepolisian Negara Republik Indonesia dalam Mewujudkan Keamanan dan Ketertiban Masyarakat di Wilayah Hukum Polres Mamuju juga dapat dilihat dalam tiga hal yaitu (1) Faktor sumber daya manusia, (2) Faktor Sarana dan prasarana, (3) Faktor kondisi wilayah. The research aims to know: (a) the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police. (b) the factors that affect the effectiveness of the Function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police. The research method used was descriptive research, a research that is used to collect primary and secondary data through interview, questionnaire and direct observation supported by the use of books and articles from the internet as well as the law and regulations in the Constitution related to the topic of this research. The result of the research shows that the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police is quite well, which is proven by the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police through the function of (1) Investigation, (2) Security, (3) Coordination, while the factors that affect the effectiveness of the function of Indonesian Police Force Intelligence to create security and order in Law District of Mamuju Resort Police consist of (1) Human resources, (2) Infrastructure and (3) District Environment.

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