Hak Subrogasi Penanggung dalam Borgtocht

The guarantee agreement (borgtocht) creates legal consequences such as subrogation rights for the guarantor who has borne debtor's debt to creditor. The provisions of Article 1820 of Civil Code and other articles related to borgtocht in other laws and regulations relating to guarantees show that there are no regulations for the protection of subrogation rights that the guarantor obtained in the guarantee agreement, resulting in a vacuum of norm against this matter. Determining the guarantor’s legal standing in guarantee agreement according to the Indonesian guarantee legal system and the binding strength of the authentic deed in protecting the subrogation rights of guarantor in the guarantee agreement are the goals from this research. The normative juridical research method is used in this paper by carrying out legal construction through the argumentum per analogiam method to solve the vacuum of norms, implemented by expanding the meaning of statutory provisions on similar issues and the existence of community interests that demand the same assessment. This research shows that the legal standing of guarantor are implicitly regulated in Articles 1831-1843 Civil Code and based on the argumentum per analogiam method the provisions of the authentic deed formulation in subrogation that occur because the meaning of the agreement is expanded to be applied to this issue, therefore the third parties obtain legal protection for the rights of subrogation that arise, after bearing repayment of debtor's debt. Perjanjian penanggungan (borgtocht) menimbulkan akibat hukum berupa hak subrogasi bagi penanggung yang telah melakukan penanggungan utang debitur terhadap kreditur. Ketentuan Pasal 1820 KUH Perdata dan pasal-pasal lainnya terkait dengan penanggungan serta pasal-pasal dalam peraturan perundang-undangan lainnya terkait dengan jaminan tidak terdapat pengaturan perumusan hak subrogasi yang diperoleh penanggung dalam perjanjian penanggungan, sehingga terjadi suatu kekosongan norma (vacuum of norm) terhadap persoalan ini. Mengetahui kedudukan hukum penanggung dalam perjanjian penanggungan menurut sistem hukum jaminan Indonesia dan kekuatan mengikat akta otentik dalam melindungi hak subrogasi penanggung dalam perjanjian penanggungan menjadi tujuan dalam penelitian ini. Metode penelitian yuridis normatif digunakan dalam penulisan karya tulis ini dengan melakukan konstruksi hukum melalui metode argumentum per analogiam untuk mengatasi kekosongan norma, yaitu perluasan makna ketentuan perundang-undangan terhadap persoalan yang mirip serta adanya kepentingan masyarakat yang menuntut penilaian sama. Hasil penelitian menunjukan kedudukan hukum bagi penanggung diatur secara implisit pada Pasal 1831-1843 KUH Perdara serta berdasarkan metode argumentum per analogiam ketentuan perumusan akta otentik pada peristiwa subrogasi yang terjadi karena persetujuan diperluas maknanya untuk diterapkan pada persoalan ini, sehingga pihak ketiga memperoleh perlindungan hukum atas hak subrogasinya yang timbul setelah dilakukannya penanggungan utang.

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Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

Jurnal Ilmiah Penegakan Hukum ◽

10.31289/jiph.v5i1.1957 ◽

2019 ◽

Vol 5 (1) ◽

pp. 8

Author(s):

Fauzi Sumardi ◽

Ridho Mubarak

Keyword(s):

Research Method ◽

Legal Protection ◽

Field Research ◽

Civil Code ◽

Employment Relationships ◽

Work Relations ◽

Library Research ◽

Work Relationship ◽

Conducting Research ◽

Laws And Regulations

Juridical Review Of Work Agreements Made Orally A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general

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PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM PERJANJIAN JUAL BELI TANAH LETTER C DI BAWAH TANGAN

Jurnal Privat Law ◽

10.20961/privat.v8i1.40388 ◽

2020 ◽

Vol 8 (1) ◽

pp. 144

Author(s):

Socha Tcefortin Indera Sakti ◽

Ambar Budhisulistyawati

Keyword(s):

Legal Protection ◽

Civil Code ◽

Legal Rights ◽

Legal Certainty ◽

Legal Relationship ◽

Legal Consequences ◽

Made In ◽

Laws And Regulations

Abstract This article aims to analyze and to understand the legal protection provided to the parties involved in under-hand agreement of the sale of Letter C land. The legal protection or all of the parties involved is contained in the agreement if the agreement specifically stated it in its clauses. The kegal protection outside of the agreement is contained in the laws and regulations in force which is Civil Code and Statute. The legal protection is an important aspect to ensure the fulfillment of a person’s legal rights. Furthermore, it also has other objective, which is to realize legal certainty, legal benefits, and justice for the parties. Legal protection can be preventive or repressive. The agreements made in the underhand sale of Letter C land forms a legal relationship between the two parties. The legal relations are relationships that result in legal consequences guaranteed by the laws and regulations. Every legal act that causes legal consequences must have legal protection, especially when there is a dispute between the parties. Dispute can occur after the under-hand agreement of the sale of Letter C Land was agreed, therefore legal protection is needed to provide solutions, certainty and clarity towards the resolution of the existing as well as the potential post-agreement disputes. Keywords: Legal Protection; Under-hand Agreement; the sale of Land.Abstrak Artikel ini bertujuan untuk menganalisis dan mengetahui perlindungan hukum yang diberikan bagi para pihak yang terlibat didalam perjanjian dibawah tangan jual beli tanah Letter C. Perlindungan hukum yang diberikan bagi para pihak dalam perjanjian dibawah tangan terdapat di dalam perjanjian apabila dalam perjanjian disebutkan secara khusus dalam klausula-klausula yang telah disepakati dalam perjanjian. Perlindungan hukum yang terdapat diluar perjanjian yaitu dalam ketentuan peraturan perundang-undangan yang berlaku, yaitu KUHPerdata dan undang-undang. Perlindungan hukum merupakan suatu hal yang penting dalam menjamin terpenuhinya hak-hak hukum seseorang. Selain itu, perlindungan hukum yang diberikan memiliki tujuan lain yaitu guna mewujudkan kepastian hukum, kemanfaatan hukum, dan keadilan bagi para pihak. Perlindungan hukum yang diberikan dapat bersifat preventif (mencegah) maupun represif (memperbaiki). Perjanjian yang disepakati dalam perjanjian jual beli tanah Letter C dibawah tangan menimbulkan suatu hubungan hukum antara dua pihak yang membuatnya. Hubungan hukum sendiri merupakan hubungan yang menimbulkan akibat hukum yang dijamin oleh hukum atau undang-undang. Setiap perbuatan hukum yang menimbulkan akibat hukum harus memiliki perlindungan hukum, terlebih disaat terjadi suatu sengketa diantara para pihaknya. Sengketa pertanahan dapat timbul setelah disepakatinya perjanjian jual beli tanah Letter C, maka dari itu diperlukan perlindungan hokum untuk memberi solusi dan kepastian serta kejelasan akan penyelesaian sengketa yang ada atau yang berpotensi terjadi pasca perjanjian disepakati. Kata Kunci: Perlindungan Hukum; Perjanjian di bawah tangan; Jual Beli Tanah.

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The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

Journal of Human Rights, Culture and Legal System ◽

10.53955/jhcls.v1i2.12 ◽

2021 ◽

Vol 1 (2) ◽

Author(s):

Gabriella Talenta Sekotibo

Keyword(s):

Research Method ◽

Government Regulation ◽

Legal Protection ◽

Land Rights ◽

Good Faith ◽

Legal Certainty ◽

Land Registration ◽

Strength Of Evidence ◽

Legal Standing ◽

Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

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KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽

10.31090/jurtama.v1i1.802 ◽

2019 ◽

Vol 1 (1) ◽

pp. 25-36

Author(s):

Agus Wiyono

Keyword(s):

Research Method ◽

Legal Protection ◽

Legal Research ◽

Conceptual Approach ◽

Late Registration ◽

Legal Standing ◽

Legal Position ◽

The Right ◽

Administrative Sanctions ◽

Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

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Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3105.207-211 ◽

2021 ◽

Vol 2 (1) ◽

pp. 207-211

Author(s):

Putu Trisna Witariyani ◽

I Nyoman Sujana ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Research Method ◽

Third Parties ◽

Third Party ◽

Court Decision ◽

Constitutional Court ◽

The Third ◽

The Third Party ◽

Legal Consequences ◽

Husband And Wife

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

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Transfer of Land Rights Based on the Data Authorization of Selling in Terms of Authority Giver Died in Pekanbaru

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v6i4.1071 ◽

2019 ◽

Vol 6 (4) ◽

pp. 561

Author(s):

Harmen Syarif ◽

Azmi Fendri ◽

Delfiyanti Delfiyanti

Keyword(s):

Research Method ◽

Government Regulation ◽

Land Rights ◽

Civil Code ◽

Power Of Attorney ◽

The People ◽

Specific Interests ◽

The City ◽

Legal Consequences ◽

Laws And Regulations

The transfer of land rights that use the power of attorney to sell as the basis for making the sale and purchase deed by the Land Drafting Official at the Pekanbaru City National Land Agency Office is very much in the interest of the people in Pekanbaru, because in terms of time, procedures, and costs are very practical and efficient. According to the Civil Code, article 1795, the grantor of the power of attorney can be carried out specifically, namely regarding one or more specific interests, or in general, which includes all the interests of the Authorizer. Selling Power is an ability with substitution rights (rights that can be replaced) granted by the owner of the guarantee to the authorized recipient appointed by the owner of the guarantee, to sell to other parties or himself at prices and conditions that are considered both by the guarantee owner and the proxy. The implementation of the transfer of land rights has been regulated in Government Regulation Number 24 of 1997 concerning Land Registration.In practice in the field of the use of the transfer of land rights based on the selling power of attorney, there is no difference as to whether the deed of selling power is still valid or not applicable, because the Office of the National Land Agency in Pekanbaru City only provides conditions for a statement stating that the letter of the authorizer is still alive and the power of attorney deed has never been revoked, which was signed by the power of attorney. In article 1813 to article 1819 the Civil Code has regulated the method of the end of the granting of power. Based on the description above, it will be examined on how the position of the selling power of attorney in the transfer of land rights, how the process of transferring rights to land based on the power of attorney to sell in the event that the authority dies in Pekanbaru, and how the legal consequences of the transfer of land rights based on the power of attorney to sell in the case of the party giving the power of attorney died in Pekanbaru. This research method uses an empirical juridical approach which is a study carried out in terms of applicable laws and regulations and is associated with facts found in the field. The Deed of Sale Authority shall be used as the basis for the process of drafting the Deed of Purchase under the name and at the same time be used as a tool for registering the transfer of land rights at the City of Pekanbaru Land Office. The process of transferring land rights based on the selling power of attorney in the event that the authority dies in Pekanbaru cannot be transferred to the National Land Agency because it is null and void according to articles 1813, 1814, and 1816 Civil Code. As a result of the legal transfer of land rights based on the selling power of attorney where the party who passed away died in Pekanbaru is an act of self-destruction, if you want to continue the transfer of rights must be done first the process of inheritance to the heirs concerned.

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Formation of Contract and Third Parties in Cambodia

10.1093/oso/9780198808114.003.0017 ◽

2018 ◽

Cited By ~ 2

Author(s):

Ly Tayseng

Keyword(s):

Academic Writing ◽

Case Law ◽

Civil Code ◽

Third Parties ◽

Third Party ◽

The Third ◽

Contract Formation ◽

The Law ◽

The Right ◽

Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

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Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

10.1093/oso/9780198808114.003.0016 ◽

2018 ◽

Author(s):

Sheng-Lin JAN

Keyword(s):

Civil Code ◽

Third Parties ◽

Third Party ◽

The Third ◽

Legal Relationship ◽

The Third Party ◽

Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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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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Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽

10.30659/akta.v5i2.3100 ◽

2018 ◽

Vol 5 (2) ◽

pp. 441

Author(s):

Indah Esti Cahyani ◽

Aryani Witasari

Keyword(s):

Property Rights ◽

Legal System ◽

Civil Law ◽

Civil Code ◽

Good Faith ◽

Freedom Of Contract ◽

Related Statement ◽

The Subject ◽

The Law ◽

Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

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