scholarly journals AKIBAT HUKUM AKTA PERJANJIAN KREDIT YANG DIBUAT NOTARIS DENGAN JAMINAN HAK TANGGUNGAN ADANYA KEPASTIAN HUKUM DAN KEADILAN PARA PIHAK

2016 ◽  
Vol 3 (2) ◽  
pp. 200
Author(s):  
Oting Supartini ◽  
Anis Mashdurohatun
Keyword(s):  
New York ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Secondary Data ◽  
Empirical Method ◽  
Civil Code ◽  
District Court ◽  
The Law ◽  
Credit Agreement ◽  
Legal Consequences

The purpose of this study is the legal consequences arising out of the Credit Agreement with the guarantee of mortgage studies in case number 127 / Pdt.G / 2014 / PN.SMG, in the District Court of New York, How should a notary to make loan agreement with the Mortgage Guarantee ensure legal certainty.In this study, using juridical empirical method. Type and source of the data used in the primary and secondary data. Collecting data with the study of literature and the (observation, interviews and questionnaires). Analysis of data for qualitative descriptive. As a result of the law on the ratification of the creditors of the credit agreement by notary, with a guarantee of mortgage, based on the wording of Article 6 of Law No. I R 4 Year 1996 on Land  and Other Bodies related to the land, the right to sell the object of mortgage on its own power is one embodiment of the priority positions (referent). And as a result of the law of the debtor apply Article 1338 of the Civil Code, Article 1243 applies, Article 1244KUHPerdata, and Article 1237, paragraph (2) of the Civil Code. The legal consequences of Notaries that have fulfilled the provisions of Article 1320 of the Civil Code in accordance with the obligations of and is not in violation of Article 16 on the obligation of, and in compliance with the Article 38, 39, 40 andArticle 44 paragraph (1), (2), (3) and paragraph (4), Law of Republic of Indonesia No. 30 2004 Jo No. 2 Year 2014 concerning Notary and do not violate the code of ethics of the notary, so that the act is still not degraded to act under the hand. Of a credit agreement with a guarantee of mortgage that guarantees the rule of law and justice of the parties, the fulfillment of Article 1320, Article 1321 of the Civil Code, and Notary must comply with Article 15 and Article 16 ofthe Law Notary, implement the Code of conduct and other Law.

MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Dr. Hotma Napitupulu, MM.
Keyword(s):  
Secondary Data ◽  
Empirical Method ◽  
Conceptual Approach ◽  
Regulatory Oversight ◽  
Secondary Data Source ◽  
Approach Method ◽  
Data Source ◽  
The Law ◽  
Harmonization Of Law ◽  
Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT

2018 ◽  
Vol 1 (1) ◽  
pp. 26
Author(s):  
Fransisca Kusuma Aryani ◽  
Gunawan Djajaputra
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
District Court ◽  
Good People ◽  
Warning Letter ◽  
The Law ◽  
Debt Repayment ◽  
Credit Agreement

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.

scholarly journals PELANGGARAN KODE ETIK DAN PEDOMAN PERILAKU HAKIM

2019 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Imran Imran
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Secondary Data ◽  
District Court ◽  
Legal Research

ABSTRAKDalam sistem peradilan pidana penanganan suatu kasus dimulai sejak kasus itu muncul, kemudian ditangani oleh polisi, hingga proses akhir dari penegakan hukum terletak pada putusan hakim. Putusan hakim dapat berupa menjatuhkan hukuman ataupun membebaskan seorang terdakwa. Dalam putusan hakim akan terlihat kemampuan hakim dalam mengonstruksi kasus sejak dakwaan dibacakan hingga pledoi diucapkan. Semua konstruksi hakim tersebut akan tergambar dalam pertimbangan-pertimbangan. Dalam pertimbangan tersebut akan terlihat apakah suatu putusan tersebut melanggar kode etik atau tidak. Apa yang terlihat dalam dua putusan hakim yang dikeluarkan oleh Pengadilan Negeri Tobelo, mencerminkan adanya persoalan ketika seorang terdakwa dua kali dihukum oleh majelis hakim yang sama untuk perbuatan yang sama pula. Hal inilah yang kemudian menjadi rumusan masalah, apakah putusan tersebut melanggar Kode Etik dan Pedoman Perilaku Hakim atau tidak? Dengan menggunakan metode penelitian hukum normatif yang memfokuskan kajian pada data sekunder, maka akan terlihat bagaimana sesungguhnya dua putusan tersebut. Hasil dari penelitian ini menunjukkan telah terjadi pelanggaran Kode Etik dan Pedoman Perilaku Hakim yang dilakukan oleh majelis hakim.Kata kunci: kode etik dan pedoman perilaku hakim; sistem peradilan pidana; profesionalisme.  ABSTRACT In the criminal justice system, the handling of a case starts since the claim arises, then is handled by the police, until the final process of law enforcement, which lies in the judge's decision. Judges' decisions can be in the form of sentencing or acquitting a defendant. The ability of a judge to construct a case will appear in the decision from the time the indictment is read until the plea is pronounced. In these considerations, it will be seen whether the judge's decision violates the code of ethics or not. Two judges' decisions issued by the Tobelo District Court reflect the problem in which a defendant was twice sentenced by the same panel of judges for violating the same law. This is what then becomes the formula of the problem, whether the decision violates the Code of Ethics and Code of Conduct of Judges or not. By using normative legal research method focusing on secondary data construing, it will expose the fact of these two decisions. The results of this analysis indicate that there are violations of the Code of Ethics and Code of Conduct of Judges been committed by the panel of judges examining the case. Keywords: code of ethics and code of conduct of judges; criminal justice system; professionalism. 

scholarly journals Juridical Study of Premarital on Joint Property which Made by Notary and Legal Consequences in The District of Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 871
Author(s):  
Pulung Jati Kusuma ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Analysis Method ◽  
Estate Property ◽  
The Law ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

Premarital agreements on joint property made before or during the marriage took place, the parties may determine the contents of the agreement, especially respect the innate property of each party in a premarital agreement. In Act No. 1 of 1974 About the Marriage of Article 29 paragraph (1) confirms that at the time or before the marriage took place two parties by mutual consent may submit a written agreement authorized by the employee registrar of marriage, after which it shall also apply to third parties lodged. Having made premarital agreement then the next must be registered in the district court clerk's office in legal marriages were held, the purpose of such registration in order to satisfy the principle of publicity. Background of the problem, authors conducted a study entitled "Juridical Study Of Premarital On Joint Property Which Made By Notary And Legal Consequences In The District Of Kudus". This study raises the issue of implementation of joint property on premarital agreement made by the notary in Kudus and the legal consequences of the implementation of a premarital agreement. The purpose of this study is to investigate the implementation of the agreement For Premarital of joint property made by a notary in Kudus and to know the legal consequences of a premarital agreement made by the notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that Premarital agreements about the estate property that is made before a notary in the Kudus District by husband and wife time before or after the course of the marriage as provided for in Article 29 of Act No. 1 of 1974 About Marriage asserts that the agreement must not violate limits of the law, religion and morality. Agreement it means the contents can be related to any of any one of them the separation of joint property during the agreement was detrimental to the parties and does not conflict with the nature and purpose of marriage. The legal consequences premarital agreement made by a notary it is binding and valid as the Law for the parties. If the premarital agreement that has been made by the husband and wife there was a violation.Keywords: Juridical Study; Premarital Agreements; Joint Property.

scholarly journals Due to the Law of Notary That Compare Criminal Law Acts That Have Permanent Law Power and Their Implication on the Notary Protocol

2021 ◽  
Vol 8 (10) ◽  
pp. 372
Author(s):  
Adhitia Rully Saputra ◽  
Elwi Danil ◽  
Beatrix Benni
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Code Of Ethics ◽  
Implementation Process ◽  
Secondary Data ◽  
Land Acquisition ◽  
District Court ◽  
Long Time ◽  
Legal Consequences ◽  
Legal Force

Notaries as one of the legal professions are not immune from mistakes that will eventually lead to a notary profession in violating the UUJN-P and the Code of Ethics and some even have the potential for punishment. Given that the role and authority of a Notary is very important in social life, the behavior and actions of a Notary in carrying out the function of authority are vulnerable to abuse that can cause harm to the community. Notaries who act outside the authority that has been determined by law can be categorized as unlawful acts. As has been tried in the Class IA Padang District Court with Decision Number 27/Pid.Sus/TPK/2016/PN-Pdg. In this case, the Notary was accused of corruption in land acquisition for Campus III of the State Islamic Institute (IAIN) Imam Bonjol Padang (now UIN Imam Bonjol). The formulation of the problem in this study are: a). What are the legal consequences for a Notary who commits a criminal act that has permanent legal force? b). What are the implications of the Notary's dismissal on the Notary Protocol? The approach used in this research is empirical juridical. This study uses primary and secondary data. Data were analyzed qualitatively. The results of the study show that: 1) The Notary was dishonorably dismissed by the Minister because it was proven legally that he had committed a criminal act of corruption which had permanent legal force, but the implementation process took a long time because it was waiting for the Minister's decision on the dismissal of the Notary. 2). With the dismissal of a Notary who commits a criminal act that has permanent legal force, the Notary Protocol must be handed over to the Notary receiving the Protocol appointed by the Minister.

scholarly journals Defaults in Credit Agreements: How Are They Settled?

2020 ◽  
Vol 6 (1) ◽  
pp. 143-162
Author(s):  
Rizky Auliandi ◽  
Mangatur Hadiputera Simanjuntak
Keyword(s):  
Data Collection ◽  
Secondary Data ◽  
District Court ◽  
Data Types ◽  
Due Date ◽  
Legal Subject ◽  
Good Intention ◽  
Data Collection Technique ◽  
Credit Agreement ◽  
Legal Consequences

This study aims to determine whether the debtor has carried out his achievements as they should and knows the legal consequences for the debtor when trying to carry out his achievements more than the specified due date. This research is a normative or doctrinal research that is descriptive in nature using secondary data types. In this research, the data collection technique used is the study of literature. The results showed that Sujono, as the debtor and PT BPR Mranggen Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the legal conditions of the agreement as stipulated in Article 1320 of the Civil Code, both subjective and objective terms, the agreement credit between PT BPR Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal agreement, but in credit repayments Sujono has an arrears of credit repayments calculated from the principal debt, interest, and costs incurred due to arrears. Since PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court, Sujono as a defendant had no good intention to attend the trial. The Panel of Judges decided to drop the verdict without the presence of the defendant called verstek. From this decision the defendant or Sujono fought against verstek or what was called the verzet. With respect to the verzet submitted by Sujono, the judge considered that the resistance was rejected by the Panel of Judges based on the consideration that Sujono had wrongly determined his legal subject and incorrectly determined the arguments of the resistance proposed by Sujono against PT BPR Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is still considered to have defaulted and must fulfil his achievements.

Analysis of The Consideration of The Judges over A Suit Violating The Law in Palembang State Of Court (The Study Of Decision No. 166/Pdt.G/2016/PN.Plg)

Authentica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 96-111
Author(s):  
Efka Firsta
Keyword(s):  
Legal Reasoning ◽  
Secondary Data ◽  
Criminal Code ◽  
Civil Code ◽  
District Court ◽  
Court Judge ◽  
Loss Compensation ◽  
Illegal Acts ◽  
The Law ◽  
Legal Discovery

The doctrine of violating the law (onrechtmatige daad) is regulated in Article 1365 of the Civil Code from narrow teachings which interpret that the nature of illegal acts (onrechtmatige daad ) is similar to acts against laws or written law, has developed into a broad teaching. Violation of Article 1365 of the Criminal Code The person who commits a violation of the law and causes a loss shall be obliged to compensate the said loss. Compensation can be in the form of money, restored to its original state, the claimant is entitled to request that the judge stated that the act was an unlawful act atu su s ebagaimana lawsuit in Pu decision- No. 166/Pdt.G/2014/PN/Plg. The plaintiff's party has stated that the defendant's actions violated Article 1365 of the Civil Code but the judge refused as an illegal act. The court not only decides the case procedurally but needs to have a legal breakthrough as a step of legal discovery (rechtvinding) so that it covers the frame of mind as a legal reasoning about how the judge must decide on a case. The research using normative and based on secondary data to support success. Based on this, a problem was found on the basis of the judge's consideration so that the Plaintiff's Violating Action Act in the above case was rejected by the Palembang District Court Judge as in Decision No. 166/Pdt.G/ 2014/PN.Plg.Keywords:  violating the law; lawsuit; compensation

Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan

2017 ◽  
pp. 65-89
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Civil Law ◽  
Banking System ◽  
Civil Code ◽  
Bank Credit ◽  
Dominant Position ◽  
Legal Implications ◽  
Credit Agreement ◽  
The Right

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.

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

Jurnal Akta ◽  
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.

scholarly journals SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

2019 ◽  
Vol 2 (2) ◽  
pp. 314
Author(s):  
Andi Pratono ◽  
Tjempaka Tjempaka
Keyword(s):  
Government Regulation ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Certainty ◽  
Legal Research ◽  
Community People ◽  
Is Theory ◽  
The Law ◽  
Legal Consequences ◽  
Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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