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 KAJIAN YURIDIS PENGESAMPINGAN PASAL 1266 DAN PASAL 1267 KITAB UNDANG-UNDANG HUKUM PERDATA SEBAGAI SYARAT BATAL DALAM PERJANJIAN KREDIT PERBANKAN

2018 ◽  
Vol 17 (1) ◽  
pp. 65
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

<em>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.</em>

scholarly journals Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang-Undang Hukum Perdata Sebagai Syarat Batal Dalam Perjanjian Kredit Perbankan

2018 ◽  
Vol 3 (1) ◽  
pp. 70
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti
Keyword(s):  
Banking System ◽  
Civil Code ◽  
Legal Rights ◽  
Economic Gain ◽  
Dominant Position ◽  
Freedom Of Contract ◽  
Principle Of Justice ◽  
Credit Agreement ◽  
The Right ◽  
Banking Credit

Banks in the redit agreement use more standardized credit agreements, the use of standard contracts in the banking credit agreement is based on 2 (two) things, (1) The existence of unbalanced position (berganing position) between banks and the debtor, the bank has a more dominant position than the debtor. (2) There is an understanding of the principle of freedom of contract absolutely and indefinitely so that the bank has absolute freedom to determine the form and content of the agreement. So banks can freely to determine the form and contents of the agreement included in the clause of the terms of void wanprestasi arranged to include mengesaampinkan Article 1266 and Article 1267 Civil Code in the agreement. Whereas the provision of Article 1266 of the Civil Code provides that in the event that the revocation of the treaty must be requested by the court and the judge through the decision of the court may determine the types of compensation for the parties. Based on the background, then as for the formulation of the problem of writing is (1). Whether the inclusion of clause 1266 and Article 1267 of the Civil Code in the credit agreement of the banking system has fulfilled the principle of equilibrium and justice. (2) What is the juridical implication of the inclusion of clauses which exclude Article 1266 and Article 1267 of the Civil Code in the credit agreement pertaining to the debtor's right in the process of settling the interpretation as a condition of cancellation of the agreement. The research method used is normative juridical research. The result of this research is the waiver of Article 1266 and Article 1267 of the Civil Code which regulates the waiprestasi void in the agreement and the types of indemnity is contrary to the principle of fairness and the principle of equilibrium. The principle of justice according to Rawls is that it is unfair to sacrifice the right of one or more persons only for the sake of greater economic gain and even justice must be understood as fairness, in the sense of "equality of positions and rights" not in the sense of "commonality of results" people, in other words justice as intended is justice that provides a guarantee of equality and rights between the bank as a creditor with the customer as a debtor in the credit agreement of the bank. As for the juridical implication of the inclusion of clauses that exclude Article 1266 and Article 1267 of the Civil Code of credit agreement relating to the debtor's right in the process of settling the interpretation as a condition is to remove the legal rights as well as the debtor's legal efforts in seeking justice and the equilibrium position which is not dominant by the decision maker due to the unbounded imbalance of the parties to the agreement. The act of wanprestation brings consequences to the adversity of the disadvantaged party to prosecute the defendant to indemnify, so that by law it is expected that none of the parties will be harmed by the default.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

scholarly journals PERLINDUNGAN HUKUM TERHADAP NASABAH BANK YANG DIRUGIKAN AKIBAT KEJAHATAN SKIMMING DITINJAU DARI PERSPEKTIF TEKNOLOGI INFORMASI DAN PERBANKAN

2018 ◽  
Vol 1 (2) ◽  
pp. 157-171
Author(s):  
Dian Ekawati
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Civil Law ◽  
Banking System ◽  
Legal Protection ◽  
Customer Data ◽  
The People ◽  
Internal Operations ◽  
Role Of Information

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account

scholarly journals Standard contracts in bank credit agreements

2018 ◽  
Vol 52 ◽  
pp. 00029
Author(s):  
Montayana Meher ◽  
Ningrum Natasya Sirait
Keyword(s):  
Banking System ◽  
Legal Issues ◽  
Bank Credit ◽  
Credit Agreement

The application of standard contracts in bank credit agreements have triggered many legal issues in questions. In banking practice, each bank provides a form of credit agreement that has been prepared in advance. The type of agreements known as standard agreements. Using standard agreement is often problematic. Problems encountered in the standard agreements are the validity of the standard agreements and the making of clauses or provisions which are unreasonably burdensome to the parties, especially the debtor, which is called the exoneration clause. The existing credit agreements in Indonesian banking system are so diverse, means there is no uniformity. Each bank produce or prepare its own rules with certain clauses that may impair the customers. There is a need for a legislation that regulates credit matters and it is expected that it contains rights and obligations of the parties in preparing the agreement.

scholarly journals IMPLIKASI YURIDIS FOTOKOPI SURAT KEPUTUSAN PENGANGKATAN PEGAWAI NEGERI SIPIL YANG DILEGALISASI SEBAGAI AGUNAN DALAM PERJANJIAN KREDIT BANK (STUDI DI PT BANK PERKREDITAN RAKYAT ASHI KABUPATEN BADUNG PROVINSI BALI)

2017 ◽  
Vol 6 (1) ◽  
pp. 104
Author(s):  
Ida Bagus Gede Partha Suwirya
Keyword(s):  
Basic Principle ◽  
Research Method ◽  
Economic Value ◽  
Civil Servants ◽  
Bank Credit ◽  
The Republic ◽  
Credit Agreement ◽  
To Receive ◽  
Credit Analysis

Writing this journal aims to analyze the credit agreement of the bank between the bank as a creditor with the Civil Servants as the debtor who uses a photocopy of the Decree of the Appointment of Civil Servants who are legalized as collateral. This journal is prepared using empirical juridical research method and the approach used is case approach and concept approach. Based on the results of this study it is known that the Bank piahk dare to receive a copy of the Decree of the Appointment of Civil Servants who are legalized as collateral in the credit agreement using the juridical basis of credit analysis 5c which is the basic principle of bank credit analysis based on the Law of the Republic of Indonesia Number 10 of 1998 on Amendment to Act Number 7 of 1992 Concerning Banking. Photocopy of a legalized appointment letter of civil servants belonging to movable and intangible objects that can be used as collateral based on the classification of legal guarantees because it has economic value in the form of slip of gajih civil servants. Trust to the debtor is the foundation of the bank providing credit funds. Penulisan jurnal ini bertujuan untuk menganalisis perjanjian kredit bank antara pihak bank selaku kreditor dengan pihak Pegawai Negeri Sipil selaku debitor yang menggunakan fotokopi Surat Keputusan Pengangkatan Pegawai Negeri Sipil yang dilegalisasi sebagai agunan. Jurnal ini disusun dengan menggunakan metode penelitian yuridis empiris dan pendekatan yang digunakan adalah pendekatan kasus dan pendekatan konsep. Berdasarkan hasil penelitian ini diketahui bahwa piahk Bank berani menerima fotokopi Surat Keputusan Pengangkatan Pegawai Negeri Sipil yang dilegalisasi sebagai agunan dalam perjanjian kredit dengan menggunakan dasar yuridis yaitu analisis kredit 5c yang merupakan prinsip dasar analisis kredit bank berdasarkan Undang-Undang Republik Indonesia Nomor 10 tahun 1998 tentang Perubahan Atas Undang-Undang Nomor 7 tahun 1992 Tentang Perbankan. Fotokopi Surat Keputusan Pengangkatan Pegawai Negeri Sipil yang dilegalisasi termasuk ke dalam benda bergerak dan tidak berwujud yang dapat dijadikan agunan berdasarkan klasifikasi hukum jaminan karena memiliki nilai ekonomis berupa petikan slip gajih pegawai negeri sipil. Kepercayaan kepada debitor merupakan dasar pihak bank memberikan dana kredit.

scholarly journals Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

2021 ◽  
Vol 2 (1) ◽  
pp. 196-201
Author(s):  
Ni Putu Purnama Wati ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Civil Code ◽  
Insurance Company ◽  
Conceptual Approach ◽  
Interested Party ◽  
Legal Consequence ◽  
Credit Agreement ◽  
Legal Consequences ◽  
Insurance Agreement

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

scholarly journals INFORMED CONSENT DOKTER DAN PASIEN BERDASARKAN ASAS GOOD FAITH

2020 ◽  
Vol 3 (1) ◽  
pp. 124-144
Author(s):  
Yenni Safitri
Keyword(s):  
Data Analysis ◽  
Informed Consent ◽  
Research Method ◽  
Research Study ◽  
Civil Code ◽  
Good Faith ◽  
Legal Research ◽  
Sense Of Security ◽  
The Right ◽  
Legal Consequences

ABSTRAKPerjanjian informed consent harus dilaksanakan dengan asas itikad baik. Asas ini merupakan asas bahwa para pihak, yaitu pihak kreditur dan debitur harus melaksanakan substansi kontrak berdasarkan kepercayaan atau keyakinan yang teguh maupun kemauan baik dari para pihak. Tulisan ini membahas informed consent Dokter dan Pasien berdasarkan asas Good Faith dan akibat hukum tidak dilaksanakannya informed consent Dokter dan Pasien berdasarkan asas Good Faith. Metode penelitian adalah penelitian hukum normative kajian tentang asas hukum, peneliti mengumpulkan data yang terdiri dari data primer, sekunder dan tertier. Teknik pengumpulan data yaitu wawancara dan kajian kepustakaan. Analisis data dilakukan secara kualitatif serta menarik kesimpulan penulis menggunakan metode berfikir deduktif.Kesimpulan dari penelitian ini adalah Informed consent antara dokter dan pasien harus berdasarkan asas good faith, bagi dokter informed consent memberikan rasa aman dalam menjalankan tindakan medis terhadap pasien. Bagi pasien, informed consent merupakan merupakan perwujudan dari hak pasien dimana pasien berhak mendapatkan informasi tentang penyakit yang dideritanya, tindakan medis apa yang hendak dilakukan, kemungkinan yang akan terjadi atas pengambilan keputusan tindakan medis. Apabila tidak ada informed consent berakibat tidak terpenuhinya salah satu syarat perjanjian menurut Pasal 1320 KUH Perdata, digolongkan sebagai wanprestasi dan digolongkan sebagai perbuatan melawan hukum berdasarkan Pasal 1365 KUHPerdata.Kata kunci: informed consent; good faith; dokter dan pasienABSTRACTAn informed consent agreement must be carried out in good faith. This principle is the principle that the parties, namely the creditors and debtors must carry out the substance of the contract based on the trust or firm belief or goodwill of the parties. This paper discusses the informed consent of Doctors and Patients based on the Good Faith principle and the legal consequences of not implementing the informed consent of Doctors and Patients based on the Good Faith principle. The research method is a normative legal research study of the principle of law, researchers collect data consisting of primary, secondary and tertiary data. Data collection techniques, namely interviews and literature review. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods. The conclusion of this study is that informed consent between doctors and patients must be based on the principle of good faith, for physicians informed consent to provide a sense of security in carrying out medical actions against patients. For patients, informed consent is an embodiment of the patient's right where the patient has the right to get information about the disease he is suffering from, what medical action he wants to take, the likelihood that will occur in making a decision on medical action. If no informed consent results in failure to fulfill one of the terms of the agreement under Article 1320 of the Civil Code, it is classified as a default and is classified as unlawful pursuant to Article 1365 of the Civil Code. Keywords: informed consent; good faith; doctors and patients

scholarly journals Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris

2020 ◽  
Vol 1 (2) ◽  
pp. 315-319
Author(s):  
I Gusti Ayu Maha Patni ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Decision Making ◽  
Research Method ◽  
Civil Law ◽  
Civil Code ◽  
Customary Law ◽  
Choice Of Law ◽  
Land Disputes

This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining

scholarly journals Kesaksian Notaris Mengenai Akta Perjanjian Kredit Berkaitan Dengan Rahasia Jabatan Notaris Dalam Peradilan Pidana

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ayu Made Semilir Susila
Keyword(s):  
Civil Law ◽  
Bank Credit ◽  
Business Activity ◽  
Literature Study ◽  
Historical Approach ◽  
The Law ◽  
Credit Agreement ◽  
Banking Institution ◽  
In The Beginning

Notary in performing his position must be able to keep the trust given by the parties in the form of notary position secret as set out in Law Number 30 Year 2004 and Law Number 2 Year 2014. Notary gives his service in many fields of civil law, including in banking field. Banking institution in performing its business activity is also obliged to keep its customer secret in the form of bank secret, as set out in Law Number 10 year 1998. Notary’s position in the case of giving his service to make bank credit agreement deed does not set clearly in Banking Law. Later this also causes unclear thing in limiting notary’s responsibility in giving evidence regarding credit agreement deed in the case that the bank has been excluded for the interest of criminal judicature. The type of this research is normative law research which starts from the existence of haziness regarding notary position in Banking Law and its amendment, and norm haziness regarding notary responsibility in giving evidence about credit agreement deed in criminal judicature. This research uses law, conceptual, and historical approach. The law material used in this research is primary law material, secondary law material, and tertiary law material. The law material collection technique used is literature study. The result shows that notary in giving his service to make bank credit agreement deed has position as affiliated party. It brings consequence that notary responsible to keep the things set as bank secret. In his position as witness in criminal judicature, notary responsible and shall to give evidence related to the things set in the beginning or head of the deed and the things related to the making process of a bank credit agreement deed to be able to be said as authentic deed that has perfect verification authority, but notary does not responsible in giving evidence in accordance with the things including bank secret category.

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