scholarly journals Peran Notaris Dalam Penggunaan Akta SKMHT Yang Tidak Diikuti APHT Terhadap Debitor Wanprestasi Terkait Pemberian Fasilitas Kredit Pemilikan Rumah Subsidi (Studi Kasus di Bank Tabungan Negara Pekalongan)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 275
Author(s):  
Rifki Yusuf ◽  
Maryanto Maryanto
Keyword(s):  
Qualitative Analysis ◽  
The State ◽  
High Potential ◽  
Physical Security ◽  
Power Of Attorney ◽  
Savings Bank ◽  
The Face ◽  
The Right ◽  
Right Of Property

ABSTRAK Kabupaten Pekalongan merupakan lokasi yang memiliki potensi tinggi dalam penggunaan Surat Kuasa Membebankan Hak Tanggungan (SKMHT), hal ini disebabkan oleh gencarnya pembangunan oleh masyarakat yang membutuhkan dana besar yang antara lain berasal dari kredit yang diperoleh dengan menggunakan lembaga Hak Tanggungan yang selanjutnya menimbulkan berbagai masalah seperti apabila debitor wanprestasi. BTN selaku kreditor dalam pemberian KPR bersubsidi kepada debitor umumnya tidak menguasai benda yang menjadi jaminan kredit secara fisik, tetapi hanya memiliki hak kebendaan secara administratif. Pengikatan obyek jaminan yang berupa tanah, yaitu Hak Milik, Hak Guna Bangunan dan Hak Guna Usaha, prosesnya hanya sampai dengan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) saja, dengan tidak dibebankan Hak Tanggungan atas obyek jaminan tersebut, maka BTN belum memiliki hak kebendaan atas jaminan tersebut secara faktual.Tujuan dari penelitian ini adalah untuk mengkaji dan menganalisis peran notaris dalam hal debitor wanprestasi, penggunaan SKMHT yang tidak diikuti APHT dalam hal debitor wanprestasi terkait dengan pemberian fasilitas Kredit Pemilikan Rumah Subsidi pada Bank Tabungan Negara serta upaya pihak Bank Tabungan Negara dalam hal debitor wanprestasi terhadap pemberian fasilitas Kredit Pemilikan Rumah. Metode yang digunakan dalam penelitian ini adalah metode analisis kualitatif, yaitu data yang diperoleh disusun secara sistematis kemudian dianalisis secara kualitatif agar dapat diperoleh kejelasan masalah yang akan dibahas.Dalam penelitian ini disimpulkan bahwa dalam menghadapi debitor wanprestasi Bank BTN mengambil langkah melakukan penjualan kembali dengan menggunakan kuasa menjual yang tercantum dalam akta “Pengakuan Hutang”, serta peningkatan SKMHT ke APHTkepada calon debitor, dan peran notaris yang hanya sebagai pembuat akta sehingga tidak turut serta jika terjadi wanprestasi.Kata kunci: Notaris, SKMHT, APHT, wanprestasi ABSTRACTPekalongan Regency is a location that has a high potential in the use of Power of Attorney Charging the Guarantee Right (SKMHT), this is caused by incessant development by people who need big fund which among others comes from the credit obtained by using the Mortgage Institution which further cause various problems such as if the debtor is defaulted. BTN as a creditor in the granting of subsidized KPR to the debtor generally does not control objects that become credit for physical security, but only have the right of property administratively. The binding of the object of collateral in the form of land, namely Right of Ownership, Building Rights and Cultivation Right, the process is only up to the Power of Attorney Charging the Guarantee Right (SKMHT) only, without the burden of the Guaranteed Fund on the object of the guarantee, BTN has no material right the guarantee is factual.The purpose of this study is to examine and analyze the role of a notary in the case of debtor wanprestasi, the use of SKMHT not followed APHT in the case of debtor wanprestasi associated with the provision of Subsidized House Ownership Credit in the State Savings Bank and the efforts of the State Savings Bank in the case of debt defaulting to the grant Housing Loan facility. The method used in this study is the method of qualitative analysis, the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity of issues to be discussed.In this study it is concluded that in the face of debtor wanprestasi Bank BTN take steps to resell by using the power of sale which stated in deed "Recognition of Debt", and increase SKMHT to APHT to debitor candidate, and notary role which only as deed maker so do not participate if there was a default.Keywords: notary, SKMHT, APHT, wanprestasi

The Prophetic Voice of the Church in a Democratic South Africa – A Theological Reflection

2018 ◽  
Vol 15 (2) ◽  
Author(s):  
Lufuluvhi Maria Mudimeli
Keyword(s):  
South Africa ◽  
Economic Transformation ◽  
The State ◽  
Black Liberation ◽  
South Africans ◽  
Black Liberation Theology ◽  
Prophetic Voice ◽  
The Face ◽  
The Church

This article is a reflection on the role and contribution of the church in a democratic South Africa. The involvement of the church in the struggle against apartheid is revisited briefly. The church has played a pivotal and prominent role in bringing about democracy by being a prophetic voice that could not be silenced even in the face of death. It is in this time of democracy when real transformation is needed to take its course in a realistic way, where the presence of the church has probably been latent and where it has assumed an observer status. A look is taken at the dilemmas facing the church. The church should not be bound and taken captive by any form of loyalty to any political organisation at the expense of the poor and the voiceless. A need for cooperation and partnership between the church and the state is crucial at this time. This paper strives to address the role of the church as a prophetic voice in a democratic South Africa. Radical economic transformation, inequality, corruption, and moral decadence—all these challenges hold the potential to thwart our young democracy and its ideals. Black liberation theology concepts are employed to explore how the church can become prophetically relevant in democracy. Suggestions are made about how the church and the state can best form partnerships. In avoiding taking only a critical stance, the church could fulfil its mandate “in season and out of season” and continue to be a prophetic voice on behalf of ordinary South Africans.

ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 463
Author(s):  
Muslim Ansori ◽  
Akhmad Khisni
Keyword(s):  
Private Schools ◽  
Education System ◽  
Crucial Role ◽  
The State ◽  
Educational Institutions ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,

Illegal Construction in Hanoi and Hanoi's Wards

2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh
Keyword(s):  
State Power ◽  
The State ◽  
The People ◽  
The Face ◽  
History Of ◽  
State Boundaries ◽  
Urban Administration ◽  
Ability And Willingness

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.

scholarly journals PERAN NOTARIS DALAM PELAKSANAAN PERJANJIAN BANGUN BAGI ANTARA ORANG-PERORANGAN DI KOTA JAMBI

Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 97
Author(s):  
Triamy Rostarum
Keyword(s):  
The State ◽  
Land Owners ◽  
The Right ◽  
Construction Delay

The form of conveyance are not only through legal act sales and purchase agreement. Land owners who want to build a building in their land,but do not have the funds (capital) can do the deed of the build and sharing Agreement. Build and sharing agreement is a legal agreement between a person who was land owner and another party(second party) who is given the right to build on the land, on condition that the profits are divided into two: for the land owner and the developer. Build and sharing agreement can be made by a notarial deed as an autenthic deeds. Notary as an official appointed by the State authorities in making the deed of build and sharing agreement. Notary is the instrumental intranslating carefully and clearly explained the intent of the parties, thus achieved an agreement between the parties.The role of notary is more than that set in the Act, notary act as mediator in differences of views against something in a legal agreement between two parties. Also, notary must explain the risks and constraints that may be encountered later in the implementation of the build and sharing agreement and mediate in seeking the prevention and solution to these constraints. The constraints faced in the implementation of build and sharing agreement are construction delay; negligence committed by second party and occurred problems in land ownership.Keywords: Build and sharing Agreement, the role of the notary.

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

scholarly journals THE CORRESPONDENCE OF THE PERSON'S, SOCIETY'S AND THE STATE'S IMPORTANT INTERESTS THROUGH THE PRISM OF ADMINISTRATIVE AND LEGAL INSURING OF CYBER SECURITY

2020 ◽  
pp. 47-55
Author(s):  
M. Pleskach
Keyword(s):  
Cyber Security ◽  
Personal Data ◽  
The State ◽  
Legal Method ◽  
Legal Nature ◽  
Cyber Space ◽  
The Law ◽  
The Right ◽  
Proper Balance

The article is devoted to the issue on balancing the important interests of a person, a society and the state in cyber space by means of administrative law. The purpose of this article is to determine the legal nature and the role of the correspondence of the important interests of a person, a society and the state in cyber space in the context of administrative and legal provision of cyber security. The paper also deals with a proper balance between the law-enforcement interests of the state and the respect for fundamental human rights. The method of analysis has revealed in clarifying some features of concepts "interest", "need", "right". The method of synthesis has been used to define common concepts, for example "person's interest in cyberspace". Comparative legal method has been used in the process of comparison of the legislation of Ukraine and the international legislation that governs the issue on balancing the important interests of a person, a society and the state in cyber space. The author of this research presents the possible structure of person's cyber security through a set of important person's rights and interests in cyberspace, for example, the right to access to the Internet; the right to protect personal data in cyberspace; the right to be protected from aggressive marketing technologies in cyberspace, the prohibition of monitoring, including through cookies, HTTP, HTML5 markers or other technologies; the right to education, the right to access knowledge through the use of cyberspace etc. Conclusions and proposals of this research can be used for further research and for improving the administrative and information legislation of Ukraine, including the Law of Ukraine "On the Fundamental Principles of Cyber Security of Ukraine". Keywords: the balance of interests of the person, society and state, cyber space usage, public interest, private interest.

scholarly journals Economic and post - disaster in Gaza: الاقتصاد وما بعد الكارثة في غزة

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Bissan Rajab Fares, Mohammed M. El Mougher, Mohamed Ramadan
Keyword(s):  
Economic Crisis ◽  
Gaza Strip ◽  
The State ◽  
The Face ◽  
The Gaza Strip ◽  
Post Disaster

      The Gaza Strip suffers from the economic destruction caused by the wars and siege, which constitutes a disaster for the Palestinian people. In this research, We discuss the role of the economy in the aftermath of the disaster and compare the State of Iraq in the face of its disaster and how it managed to get out of that crisis. There was an interview with Professor Naser Awad in the Ministry of Economy, On how to get out of the economic crisis in Gaza.  

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

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