scholarly journals Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process

2018 ◽  
Vol 2 (2) ◽  
pp. 126-140
Author(s):  
Himawan Sutanto ◽  
Hanif Nur Widhiyanti ◽  
Istislam Istislam
Keyword(s):  
At Risk ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Binding Process ◽  
Research Journal ◽  
Legal Relationship ◽  
The Status

This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.   

scholarly journals PEMBLOKIRAN BUKU TANAH YANG DILAKUKAN OLEH PIHAK PEMBELI BERDASARKAN AKTA PERJANJIAN PENGIKATAN JUAL BELI

NOTARIUS ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Filzah Azizah Ibrahim
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Legal Basis ◽  
Legal Relationship ◽  
The Status ◽  
Injured Party ◽  
Binding Agreement

Abstract               Blocking of a book of certified land begins with a legal relationship between two or more parties involving the certificate as the object of the dispute. Losses experienced by one party in the process of buying and selling led to the application of blocking the book of land certificate to the office. The significance of this writing is to know and analyze the status of the Deed of Sale and Purchase Agreement in the process of blocking the land book by the buyer in the land office and the form of legal protection provided by the land office to the injured party due to buyer blocking based on the Deed of Sale and Purchase Agreement. The result of this research is the position of the sale and purchase binding agreement in the process of blocking the land book conducted by the buyer in the land office only as evidence of actual delivery and juridical delivery between the seller and buyer on the object of sale and purchase, not as an administrative requirement blocking at the land office. The Land Affairs Office provides legal protection by implementing the provisions of Article 125 and Article 126 of the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997 by limiting the party who wishes to file a blocking request to the land office is a party with a strong legal basis to file the request for blocking in an effort defend that right so that it will not harm the other party. AbstrakPemblokiran buku tanah sertipikat diawali oleh suatu hubungan hukum antara dua pihak atau lebih yang melibatkan sertipikat sebagai obyek sengketa.Kerugian yang dialami oleh salah satu pihak dalam proses jual beli memunculkan adanya permohonan pemblokiran buku tanah sertipikat ke kantor. Arti penting dari penulisan ini adalah untuk mengetahui dan menganalisis kedudukan Akta Perjanjian Pengikatan Jual Beli dalam proses pemblokiran buku tanah yang dilakukan pembeli pada kantor pertanahan dan  bentuk perlindungan hukum yang diberikan kantor pertanahan kepada pihak yang dirugikan karena pemblokiran oleh pembeli berdasarkan Akta Perjanjian Pengikatan Jual Beli. Hasil dari penelitian ini adalah kedudukan akta perjanjian pengikatan jual beli dalam proses pemblokiran buku tanah yang dilakukan oleh pihak pembeli pada kantor pertanahan hanya sebagai alat bukti telah terjadinya penyerahan secara nyata dan penyerahan yuridis antara penjual dan pembeli atas objek jual beli, bukan sebagai persyaratan administratif permohonan pemblokiran pada kantor pertanahan. Kantor pertanahan memberikan perlindungan hukum dengan melaksanakan ketentuan Pasal 125 dan Pasal 126 Peraturan Menteri Agraria/Kepala Badan Pertanahan Nasional Nomor 3 Tahun 1997 dengan membatasi pihak yang ingin mengajukan permohonan blokir ke kantor pertanahan adalah pihak yang memiliki dasar hukum yang kuat untuk mengajukan permohonan blokir dalam upaya mempertahankan haknya tersebut sehingga tidak akan merugikan pihak lain.

scholarly journals Problematika Hukum dan Alternatif Penyelesaiannya Bagi Konsumen Pengguna Jasa Aplikasi Gojek dan Grabcar sebagai Angkutan Berbasis On Line

2019 ◽  
Vol 4 (2) ◽  
pp. 91
Author(s):  
Dwi Handayani ◽  
Muhammad Ilyas
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Issues ◽  
Legal Action ◽  
Transportation Services ◽  
Application Service ◽  
The World ◽  
On Line

Various legal issues that have surfaced to date cannot be separated from the development of information technology that has mastered the world map. People as consumers really need fast and cheap transportation services to transport people or goods to meet their daily needs. The presence of the Gojek and GrabCar application services is one of the solutions needed by the community at this time, but there is no legal umbrella that regulates people’s transportation services for motorbikes or motorbikes and the transportation of people or passengers to Gocar or Grabcar in private cars, causing various legal issues in its application. Legal issues that arise, are forms of legal protection for consumer users and dispute resolution due to default by one of the parties. The research method is empirical research by processing primary and secondary data, which are then analyzed qualitatively. Conclusions on the results of the discussion: a form of legal protection for consumers and drivers in the form of compensation or assistance in the amount of five to 10 million rupiahs for guaranteed protection for hospital fees and in the event of accidents and life insurance guarantees from AXA Group. The procedure for resolving a default by a Gojek-GrabCar application provider as a result of private law or civil relations is that the application service user as a party to the agreement can choose to take legal action (litigation) or peace/mediation/conciliation (non-litigation).

scholarly journals LEGAL PROTECTION OF PRIVACY DATA THROUGH ENCRYPTION TECHNOLOGY

2020 ◽  
Vol 1 (2) ◽  
pp. 61
Author(s):  
Thania Christy Corne
Keyword(s):  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Electronic System ◽  
Legal Issues ◽  
Legal Research ◽  
Human Right ◽  
State Security ◽  
Digital World ◽  
Technological Developments

Technological developments in the era of globalization bring humans into the digital age. All things will directly contact with an electronic system. And so with the data, some of the data among this world is privacy. That’s why encryption is needed to be applied. Initially, encryption was used as a privacy data protector, but in its development encryption gave birth to problems in the legal field. Where criminals use encryption as a shield for their crimes. Therefore, legal issues arise, whether for reasons of government or state security can have access to one’s privacy data. How does international or national law regulate the issue of using decryption of encryption technology? The method used in this paper is a juridical-normative comparative legal research method. The result shows that international law does not regulate the use of encryption in protecting privacy data in the digital world comprehensively because some of the countries claim that the use of encryption is a part of human right, on the other hands some country has another vision on national security.

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

scholarly journals Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht sebagai Perlindungan Hukum Rakyat

2019 ◽  
Vol 21 (1) ◽  
pp. 1-22
Author(s):  
Dani Habibi
Keyword(s):  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Court System ◽  
Legal Research ◽  
Judicial Process ◽  
Comparison Approach ◽  
The Difference ◽  
The Government

Permasalahan hukum yang akan dibahas dalam tulisan ini mengenai gambaran sistem Peradilan Tata Usaha Negara Jerman dan Peradilan Tata Usaha Negara di Indonesia. Sistem Peradilan Tata Usaha Negara Jerman pada hakikatnya sama dengan sistem Peradilan Tata Usaha Negara di Indonesia. Sistem tersebut dapat dilihat dari adanya jenjang sistem peradilan mulai dari tingkat pertama, tingkat banding, dan tingkat akhir atau kasasi. Selain itu akan diulas berkaitan dengan proses peradilan, dasar-dasar dilakukannya gugatan yang diajukan terhadap pemerintah serta cara pelaksanaan proses peradilan tata usaha negara di masing-masing negara. Metode penelitian adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan perbandingan hukum. Tujuan dari penelitian ini untuk mengetahui sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta mengetahui perbedaam sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta melakukan suatu pembaruan sistem Peradilan Tata Usaha Negara di Indonesia sebagai bentuk suatu perlindungan hukum kepada rakyat A Comparative Law of Administrative Court and Verwaltungsrecht as a Form of Legal Protection to People Legal issues that will be discussed in this paper regarding the description of the Germany Administrative Court system and the Indonesia Administrative Court system. Generally, There are similarities between the Administrative Court system in Germany and in Indonesia. It can be seen from the level of the justice system starting from the first level, the appeal level and the final level or cassation. In addition, this paper will review the judicial process, the basics of lawsuit against the government and how to implement the state administrative court processes in each country. The research method is normative legal research with legislation and legal comparison approach. The purpose of this research is to find out the Administrative Court System and to know the difference between the Administrative Courts System both in Indonesia and in Germany and also to reform the Administrative Court system in Indonesia as a form of legal protection for people.

scholarly journals KEDUDUKAN HARTA BERSAMA PERKAWINAN POLIGAMI

Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Arif Zunaidi
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Status ◽  
Regulatory Approach ◽  
Legal Uncertainty

Islam allows the marriage of more than one partner, provided that the husband can be fair and get permission from the first wife. As a result of polygamous marriages, there is legal uncertainty about joint assets, both in the first, second, third and fourth wives. The purpose of this paper is to find out the legal certainty of shared assets in polygamous marriages. The method used is a normative legal research method, using a regulatory approach, both Islamic law, Law Number 1 of 1974 and KHI. As a result, there is legal uncertainty especially for the first wife based on the Compilation of Islamic Law, specifically legal protection for the property with the wife brought in by her husband’s second marriage. According to Law No. 1 of 1974, each wife gets a second share, whereas according to Islamic law the status of a woman’s property does not change with the marriage. Keywords: polygamy, shared assets

scholarly journals Perlindungan Hukum Bagi Kreditur Bank pada Perjanjian Kawin dalam Perkawinan Campuran

2020 ◽  
Vol 1 (1) ◽  
pp. 37-43
Author(s):  
Kadek Megah Bintaranny ◽  
I Nyoman Putu Budiartha ◽  
I Wayan Arthanaya
Keyword(s):  
Research Method ◽  
Married Couple ◽  
Legal Protection ◽  
Third Party ◽  
Mixed Marriage ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
Legal Consequences ◽  
Joint Property

The problem faced by the couple of a mixed marriage in Indonesia is that there are provisions in Indonesian law regarding the incorporating of assets immediately into joint property after the marriage. But on the other hand, there are laws regulating that foreigners may not own property rights in Indonesia, so joint property involving a number of properties in the form of movable or immovable property will be impossible for foreigners to own. This study examines two issues: the legal protection for third party, the bank creditors relating to the status/property status of a married couple in mixed marriages in a marriage agreement and the legal consequences of non-performing loans related to the couple’s property if they commit defaults. To uncover these two matters, the study was conducted using the normative legal research method. The results show that creditors are protected in a preventive and repressive manner. Legal consequences for husband or wife property for bank creditors if the debtor is bound in the mixed marriage defaults depend on the form of the marriage agreement made. A husband or wife who is an Indonesian citizen as a debtor is permitted to guarantee the material security of his assets freely and can be taken as collateral for repayment by the bank’s creditors if the debtor is in default.

scholarly journals Perlindungan Hukum terhadap Karya Cipta Fotografi

2020 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
I Kadek Candra Wisesa ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Digital Cameras ◽  
Legal Research ◽  
The Republic

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.

PERAN NOTARIS DALAM PENYULUHAN HUKUM SEHUBUNGAN DENGAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STATUS OBJEK TANAH NEGARA DAN MENGAKIBATKAN KERUGIAN MATERIIL BAGI PEMBELI

2019 ◽  
Vol 5 (1) ◽  
pp. 62-78
Author(s):  
Mar Atus Sholiha
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Legal Action ◽  
Not Given ◽  
Conceptual Approach ◽  
Legal Subject ◽  
The Public ◽  
Legal Relationship ◽  
The Status ◽  
Contractual Relations

In providing services to the community there are two important things, namely the making of authentic deeds including the PPJB deed relating to the trade of state land, and providing legal counseling to the public. Legal consouling by Notary must be did for and for legal actions did by notaries at the request of their clients. In the case of taking legal action for his client, the notary may also not side with his client, Notary must be neutral, because the task of the notary is to prevent the occurrence of problems. This normative juridical research uses a statute approach and conceptual approach. This research is limited to the discussion forms of legal protection the object buyers of State land through the Deed Agreement of Trade Binding (PPJB) which is not given legal counseling by Notaries, and Notary responsibilities in connection with the PPJB Deed with the object of state land before a Notary are not preceded by legal counseling of parties in relation to land status. The results from this study explain that in the PPJB deed there is a legal relationship between the legal subject and objects which creates the rights and obligations that also need to get legal protection. Forms of legal protection against buyers of State land object through the Deed Agreement of Trade Binding (PPJB) made by a  Notary that trade object is state land and cannot be traded with the status of property rights is by Submit a claim for cancellation of the deed and Submit a claim for compensation to both the seller and the Notary. The notary is responsible in connection with the Deed Agreement of Trade Binding (PPJB) with the object of state land made before a Notary whose services are not preceded by legal counseling because there is a legal relationship between the Notary with the respondent, but not contractual relations.

scholarly journals Legal Protection of Franchisee in Franchise Contract Which Franchisor Unilaterally Terminates

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 1
Author(s):  
Retno Wulandari
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Research Approach ◽  
Legal Research ◽  
Legal Problems ◽  
Unilateral Termination

The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.

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