Attempt of Lawsuit by The Debtor to Delay The Implementation of The Auction of The Object of Liability

The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.

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KEDUDUKAN HUKUM AKTA JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN

JURTAMA ◽

10.31090/jurtama.v1i1.804 ◽

2019 ◽

Vol 1 (1) ◽

pp. 46-57

Author(s):

Fince Ferdelina Huru

Keyword(s):

Research Method ◽

Legal Protection ◽

Legal Research ◽

Conceptual Approach ◽

Legal Consequences ◽

Legal Force

One of the features of the fiduciary guarantee is the executorial nature of the fiduciary guarantee on the fiduciary guarantee certificate. To obtain these rights, the guarantee must be registered with the Fiduciary Guarantee Registration Office. But in its implementation, there are still many fiduciary guarantees that are not registered with the Fiduciary Registration Office. This study analyzes the legal consequences of fiduciary guarantees that are not registered and legal protection to creditors if the Fiduciary deed is not registered. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study show that the legal consequences of fiduciary guarantee deeds, which have no legal force at all in carrying out executions and against objects of fiduciary guarantee do not give birth to material rights inherent in fiduciary guarantees. As a result of not registering a fiduciary deed, there is no legal protection at all for creditors

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p01 ◽

2020 ◽

Vol 5 (3) ◽

pp. 436

Author(s):

Wulan Wiryantari Dewi ◽

Ibrahim R

Keyword(s):

Legal Protection ◽

Civil Code ◽

Legal Research ◽

Legal Relationship ◽

The People ◽

Notary Public ◽

Administrative Sanctions ◽

Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

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ANALISIS HUKUM TERHADAP PENYELESAIAN SENGKETA HUTANG PIUTANG MELALUI AKTA PERDAMAIAN (Studi Putusan Nomor: 1/Pdt.G.S/2017/PN. Blg)

Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat ◽

10.30743/jhk.v18i3.1206 ◽

2019 ◽

Vol 18 (3) ◽

pp. 101-113

Author(s):

Tajuddin Noor

Keyword(s):

Supreme Court ◽

Executive Power ◽

Legal Analysis ◽

Legal Research ◽

Peace Settlement ◽

Legal Consequences ◽

Legal Force

Analysis of settlement of debt receivables disputes between PT. Bank Perkreditan Rakyat NBP 5 and Lisbon Manurung, defendant I, and Tetty Herawati, the defendant II. The settlement is carried out based on Supreme Court Regulation Number 2 of 2015 concerning Procedures for Completion of Simple Lawsuits because the value of the material claim does not exceed 200,000,000.00 Rupiahs (two hundred million rupiahs). The dispute ended with the ruling of the peace deed because of the good intentions of the parties who ended the dispute by means of peace. In the study of the decision, the author applied legal research in a normative juridical manner. The result of this study indicates that the legal analysis of debt settlement through agreements / deeds of peace has legal consequences for the parties, namely closed appeal and cassation legal efforts, which have permanent legal force, and executive power. Keywords: Debt and Receivables, Peace, Settlement.

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Perlindungan Karakter Anime Berdasarkan Undang-Undang Hak Cipta

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2021.v10.i01.p07 ◽

2021 ◽

Vol 10 (1) ◽

pp. 79

Author(s):

Ni Nyoman Dianita Pramesti ◽

I Ketut Westra

Keyword(s):

Qualitative Analysis ◽

Analytical Approach ◽

Legal Protection ◽

Legal Research ◽

Conceptual Approach ◽

Commercial Use ◽

Study Techniques

The purpose of this paper is to identify, analyze and elaborate legal protection for anime characters based on Indonesia Law Number 28 Year 2014 concerning Copyright, as well as preventive efforts that can be taken by other parties who want to use anime characters. This is a normative legal research using a statutory approach, conceptual approach and analytical approach. The technique of tracing legal materials uses document study techniques, and the analysis of the study uses qualitative analysis. The results of the study show that anime characters are images that are protected under the copyright regime, which will be protected automatically once the work is transformed into work expression and business actors wishing to use anime character images for commercial use are required to have a license. Tujuan penulisan ini adalah untuk mengidentifikasi, menganalisis dan mengelaborasi perlindungan hukum atas karakter anime berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta, serta upaya pencegahan yang dapat dilakukan oleh pihak lain yang ingin menggunakan karakter anime. Tulisan ini menggunakan metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan, pendekatan konsep dan pendekatan analisis. Tehnik penelusuran bahan hukum menggunakan tehnik studi dokumen, serta analisis kajian menggunakan analisis kualitatif. Hasil studi menunjukkan bahwa karakter anime merupakan gambar yang dilindungi dalam rezim hak cipta secara otomatis dan bagi para pelaku usaha yang ingin menggunakan gambar karakter anime untuk penggunaan secara komersial wajib memiliki lisensi.

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PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

JURNAL AKTA YUDISIA ◽

10.35334/ay.v2i1.975 ◽

2019 ◽

Vol 2 (1) ◽

Author(s):

Basri Basri

Keyword(s):

Legal Protection ◽

Secondary Data ◽

The State ◽

Data Sources ◽

Legal Research ◽

Legal Principles ◽

Religious Law ◽

Secondary Data Sources ◽

The Law ◽

Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

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Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i3.902 ◽

2019 ◽

Vol 6 (3) ◽

pp. 766

Author(s):

Alfi Hidayat ◽

Sukanda Husin ◽

Ulfanora Ulfanora

Keyword(s):

Legal Protection ◽

Land Rights ◽

Court Decision ◽

Legal Research ◽

Droit De Suite ◽

Legal Force ◽

Bad Loan

The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.

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PERLINDUNGAN HAK ANAK PASCA PERCERAIAN ORANG TUA

Authentica ◽

10.20884/1.atc.2018.1.1.7 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Esti Kurniati

Keyword(s):

Legal Protection ◽

Children's Rights ◽

Children’S Rights ◽

Children Of Divorce ◽

Legal Research ◽

Conceptual Approach ◽

Psychological Burden ◽

Before And After ◽

Marriage Laws ◽

Legal Consequences

Marriage after will give rise to legal consequences for both parties, not least the child of the marriage. The result is the emergence of rights and obligations. In fact, many households are unable to realize these goals and finally divorced, whereas marriage laws make every effort to reduce the number of divorces, as a result of divorce not only to parents but to children as well. Do not let children of divorce who have got the psychological burden, plus more for the rights of civilización the form of children's rights is not fulfilled by the parents. This paper has discussed the protection of children's rights after the divorce of both parents, which to answer is used legal research with a legislative approach and a conceptual approach. Legal protection for children both before and after divorce is needed to minimize the occurrence of things that are not desired by the child itself, such as the absence of affection, the child becomes neglected and the child also cannot get along as a child.Keywords: legal protection, divorce, and children's rights.

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Kedudukan Hukum Covernote Notaris Terhadap Perlindungan Hukum Bank dalam Perjanjian Kredit

Acta Comitas ◽

10.24843/ac.2018.v03.i03.p05 ◽

2019 ◽

Vol 3 (3) ◽

pp. 446

Author(s):

Gusti Ayu Putu Wulan Pradnyasari ◽

I Made Arya Utama

Keyword(s):

Research Methods ◽

Legal Protection ◽

Bank Credit ◽

Legal Research ◽

Credit Agreement ◽

Legal Force

The signing the credit agreement between the bank and the debtor using the guarantee will generally be bound by notarial deed to then in the process of loading the guarantee. Before the guarantee process is completed then the notary will issue Covernote to the bank as creditor. The purpose of this research is to find out how is the Covernote position issued by the notary in the credit agreement of the bank? And how the legal strength of covernote notary is to provide legal protection for banks as creditors in credit agreements. This research uses normative legal research methods. The results showed that the position of Covernote issued by a notary in a bank credit agreement only applies as a statement from a notary / PPAT as the official who made the Covernote who explained that there had been a credit or guarantee binding. Covernote is not proof of collateral, but only as an introduction and temporary evidence is a guide for the bank that will issue credit. Covernote notary does not have the legal force to provide legal protection for banks as creditors in credit agreements in the event of default when the guarantee process is still carried out by a Notary. Penandatanganan perjanjian kredit antara bank dengan debitor yang mempergunakan jaminan pada umumnya akan diikat dengan akta Notaris untuk kemudian diproses pembebanan jaminan. Sebelum proses pembebanan jaminan selesai dilakukan, maka notaris akan mengeluarkan Covernote kepada bank selaku kreditor. Adapun tujuan dari penelitian ini adalah untuk mengetahui bagaimanakah kedudukan Covernote yang dikeluarkan oleh notaris dalam perjanjian kredit bank serta bagaimanakah kekuatan hukum Covernote notaris dalam memberikan perlindungan hukum bagi bank dalam perjanjian kredit. Penelitian ini menggunakan metode penelitian hukum normatif. Hasil penelitian menunjukan bahwa Kedudukan Covernote yang dikeluarkan oleh notaries/PPAT dalam perjanjian kredit bank hanya sebatas menerangkan bahwa telah terjadi pengikatan kredit atau jaminan. Covernote bukan merupakan bukti agunan namun hanya sebagai keterangan dan bukti yang bersifat sementara sebagai pegangan bagi bank yang akan mengeluarkan kredit. Covernote notaris tidak memiliki kekuatan hukum untuk memberikan perlindungan hukum bagi bank selaku kreditor dalam perjanjian kredit apabila terjadi wanprestasi pada saat proses pembebanan jaminan masih dilakukan oleh Notaris.

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PERLINDUNGAN HUKUM SAKSI DAN KORBAN SEBAGAI WHISTLEBLOWER DAN JUSTICE COLLABORATORS PADA PENGUNGKAPAN KASUS KORUPSI BERBASIS NILAI KEADILAN

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i1.1653 ◽

2017 ◽

Vol 4 (1) ◽

pp. 130

Author(s):

Suratno Suratno

Keyword(s):

Supreme Court ◽

Legal Status ◽

Legal Protection ◽

Research Approach ◽

Legal Research ◽

Interesting Issue ◽

Approach Method ◽

The Law ◽

Legal Force

The question of Whistle blower or Justice Collaborator is a complex and interesting issue tobe discussed in a conception or legislation. The role of Whistle Blower and Justice Collaboratorin exposing such extraordinary crimes as corruption is a dilemma, because there is no adequatelegal tool to facilitate the legal guarantee to be obtained. The research approach used in thisresearch is sociological or socio-jurisdiction approach method -legal research. The results of theresearch indicate that: 1. The protection of the witness and victim’s witness law as Whistleblowerand Justice Collaborators on the disclosure of corruption has not been based on the valueof justice, it can be seen that the legal status of a whistle blower does not stop only whistleblowers, Be someone to be held accountable. 2. Legal protection barriers to the existence ofWhistleblower and Justice Collaborators on the disclosure of corruption based on the value ofjustice, known from the side of the substance of the law is the weakness of the arrangement ofJustice collaborator explicitly regulated only in Supreme Court Circular Number 4 of 2011 onthe treatment of rapporteur of acts A Whistleblower and a Justice Collaborator in a particularcriminal case, so that the SEMA does not have a binding legal force as does the Law.

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