scholarly journals Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 823
Author(s):  
Rian Dwi Anggoro ◽  
Umar Ma'ruf
Keyword(s):  
Home Ownership ◽  
Legal Protection ◽  
Mortgage Loan ◽  
Power Of Attorney ◽  
Loan Repayment ◽  
Survey Results ◽  
Legal Position ◽  
Branch Office ◽  
The Right

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

scholarly journals Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

scholarly journals Perlindungan Hukum Bagi Kurir dalam Sistem Cash on Delivery Belanja Online

2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe
Keyword(s):  
Online Shopping ◽  
Legal Protection ◽  
Secondary Data ◽  
Data Sources ◽  
Payment Method ◽  
Power Of Attorney ◽  
Legal Studies ◽  
Legal Position ◽  
Secondary Data Sources ◽  
Freight Forwarder

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.

scholarly journals LEGAL PROTECTION AGAINST SALE AND PURCHASE AGREEMENT OF BUILDING USE TITLE IN THE EVENT OF DEFAULT

2020 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
I Nyoman Gede Murdiana ◽  
A.A.A.N Sri Rahayu Gorda
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Case Study Approach ◽  
Power Of Attorney ◽  
Legal Research ◽  
Absolute Power ◽  
Study Approach ◽  
Buy Back

An agreement will not always be able to run according to the agreement of the parties. Certain conditions can be found, such as, the occurrence of various things that result in an agreement cannot be implemented, namely the buy-back right by the seller which has been agreed upon and results in losses for the buyer and on a court decision that sentences the seller to carry out the agreement seven days after the verdict, but the implementation of the sale and purchase agreement has not yet been carried out. This paper examines the legal protection for the buyer against the sale and purchase agreement for building use rights in terms of default. This type of research is a normative juridical legal research applying a case study approach and statue approach. The preventive legal protection for the buyer, namely legal protection is by requesting for irrevocable power of attorney, referred to as absolute power of attorney. Meanwhile, repressive legal protection is legal protection after the occurrence of a dispute, namely based on the consideration of a judge's decision which can provide a sense of certainty and justice to the aggrieved buyer.   Suatu perjanjian tidak selamanya akan dapat berjalan sesuai dengan kesepakatan para pihak. Kondisi tertentu dapat ditemukan terjadinya berbagai hal yang berakibat suatu perjanjian tidak dilaksanakan yaitu dengan hak membeli kembali oleh penjual yang telah disepakati dan mengakibatkan kerugian bagi pihak pembeli dan atas putusan pengadilan yang menghukum pihak penjual untuk melaksanakan perjanjian tujuh hari setelah putusan, akan tetapi pelaksanaan perjanjian jual beli tersebut belum juga terlaksana. Jenis penelitian ini adalah penelitian hukum yuridis normatif dengan menggunakan pendekatan studi kasus dan pendekatan perundang-undangan. Perlindungan hukum secara preventif bagi pihak pembeli yaitu perlindungan hukum yaitu permintaaan pemberian kuasa yang tidak dapat ditarik kembali yang disebut surat kuasa mutlak. Sedangkan perlindungan hukum secara represif adalah perlindungan hukum setelah terjadinya sengketa yaitu berdasarkan pertimbangan putusan hakim yang bisa memberikan rasa kepastian dan keadilan terhadap pembeli yang dirugikan.

scholarly journals Legal Protection For Auction Winner Execution Of Liability Rights Auction No. 49 / Pdt.G / 2011 / Pn.Pkl (A case study in Kospin, Pekalongan)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 639
Author(s):  
Ely Cahyawati ◽  
Lathifah Hanim
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Court Decision ◽  
Reverse Auction ◽  
Civil Case ◽  
The Future ◽  
Research Interviews ◽  
Winning Bidder ◽  
The Right

The research objective was to examine the legal protection against the winner of the auction the object is blocked by the land office to analyze the reason for blocking, and the responsibility of the winning bidder auction officials that the object is blocked by the land office How Legal protection for the Auction Winner of the auction Exsekusi security rights. The method used is as an additive normative juridical research interviews to the land office and Legal Section Kospin pekalongan Services. Based on the results of the study concluded eat: first, Consideration of the Land Office to block the process of reverse auction execution object name Encumbrance (Civil Case Study No.25 / Pdt.G / 2011 / PN.Tegal) is: Based on Government Regulation No. 24 of 1997 Article 45, which reads the Head of the Land Office reserves the right to delay on behind the object name that is being problematic of land ", as well as the attitude of prudence to avoid the risk in the future in order not to become a defendant in the case; Secondly, legal protection for the winner of the auction execution Encumbrance Land Office blocked the auction of objects is very weak, as in this case the winning bidder can not do anything but just wait until the court decision is completed; Third, auction Officials Responsibility for the blocking of the auction objects at the office of the Land does not exist at all.Keywords: Legal Protection, Winning Bidder, Execution Mortgage.

scholarly journals Penerapan Strategic Marketing Pada Bank Syariah Mandiri Kantor Cabang Jemur Handayani Surabaya

2015 ◽  
Vol 1 (12) ◽  
pp. 863
Author(s):  
Aprilia Kinasih Putri Ramadhani ◽  
Ari Prasetyo
Keyword(s):  
Office Workers ◽  
Strategic Marketing ◽  
Islamic Banking ◽  
Analysis Method ◽  
Know How ◽  
Market Coverage ◽  
Branch Office ◽  
The Right

Islamic Banking in Indonesia are developing rapidly. it can be seen by the number of offices that increase from year to year. This development of islamic banking can make a competition between the islamic banking. Therefore, to face the tight competition, islamic banking needs the right strategic marketing that compatible with sharia principle. The strategic marketing consists of three components. They are segmenting, targeting, and positioning. This research aims to know how the application of strategic marketing in Bank Syariah Mandiri Branch Office of Jemur Handayani Surabaya.This research is using qulitative approach with case study strategy. The datacollecting method is using direct interview with Bank Syariah Mandiri Branch Office of Jemur Handayani’s office workers. The data analysis method is using descriptive qualitative approach.The result of this research shows that strategic marketing which is applied in Bank Syariah Mandiri Branch Office of Jemur Handayani are compatible with sharia principle. Market segments in Bank Syariah Mandiri Branch Office of Jemur Handayani are from lending and funding. For targeting, Bank Syariah Mandiri Branch Office of Jemur Handayani is using the full market coverage pattern. And the positioning is done by raising the quality of service.

scholarly journals Responsibilities Of Notaris On Making Authority To Sell Deed Which Contain Power Clause (Case Study Of Decision Number 016 / G / 2014 / Ptun.Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 567
Author(s):  
Diyah Ayu Fatkhurochmah ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Positive Law ◽  
Legal Method ◽  
Judgment Process ◽  
The Absolute

The granting of power in Indonesian positive law is set forth in Book III Chapter XVI starting from Article 1792 to 1819 of the Civil Code. Giving power to sell is one form of power of attorney that is often found in the community. Article 1813 of the Civil Code on the expiry of the power of attorney may be disregarded, and this is what the power-granting institution is called the Absolute Power. The Absolute Authority is stipulated in the Instruction of the Minister of Home Affairs number 14 year 1982 concerning the prohibition of the use of absolute power clause in the deed of sale and the deed of sale and purchase binding. The legal method used was the normative juridical method, with the specification of descriptive analysis. The data analysis used was qualitative analysis. Based on the results of research and discussion, it can be concluded that the legal protection for the authorizer in the production of the power of sale deed may be granted if the power of sale deed is made in an authentic deed—it is the perfect evidence. Article 1800 to 1806 of the Civil Code that governs the duty of the assignee is a form of legal protection granted by law to the authorizer. The verification and judgment process by the judge to decide the case number 016/G/2014/PTUN.Smg was done equally between the plaintiff and the defendant and given the same right to prove, and the judge in accordance with the principle of the State Administrative Judge is active, of irrelevant evidence, no longer considered, but constituted a unity in the decision of this dispute.Keywords: Power of Attorney; Power of Sale; Absolute

scholarly journals Upgrading Status of Right to Builds (HGB) Above The Right Management (HPL) Perumnas to Become Ownership Right (HM) (Case Study at Korpri Housing Bangetayu Wetan Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 807
Author(s):  
Dian Yunanti Yakob Udi
Keyword(s):  
Land Ownership ◽  
Analysis Method ◽  
Power Of Attorney ◽  
Registration Form ◽  
Descriptive Research ◽  
Land Title ◽  
The Government ◽  
The Right ◽  
Agency Service

In order to facilitate the middle to lower economic level people to have a decent housing, the government established Perumnas. Citizens wishing to improve their land title to HM (Ownership Right) on residential houses purchased from the Right to Use (HGB). This process must meet the prescribed requirements. The research method used was sociological juridical approach with analytical descriptive research specification, while the data analysis method used was descriptive qualitative. Based on the results of study in Korpri Housing Bangetayu Wetan Semarang and Land Office of Semarang City, it can be concluded that the procedure for submission of HGB to HM, the applicant has to visit the Land Office of Semarang City and complete some administrative requirements in the form of filling registration form, ID Card, IMB, HPL Holders Recommendation Perumnas, SPPT PBB of the current year, land ownership statement not more than 5 fields, and power of attorney if the application is authorized. Some obstacles in the application of the upgrade from SHGB on HPL Perumnas land become SHM are some people do not know or less understand about the procedure and requirement to upgrade their right, so that they give authorized to Notary/PPAT (Land Deed Officials), effort in IMB, the house is used as houseshop instead of residence. The way to solve it is by conducting further socialization to the community through BPN (National Land Agency) service, Notary/PPAT and physical inspection of residential houses for which the rights are requested.Keywords: Housing; Perumnas; Right to Manage; Ownership Right; Right to Builds.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
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

scholarly journals Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus

2018 ◽  
Vol 1 (2) ◽  
pp. 405
Author(s):  
Dedy Nurjatmiko
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Data ◽  
Empirical Method ◽  
Public Prosecutor ◽  
Child Victims ◽  
The Public ◽  
Survey Results ◽  
The Right ◽  
Depth Interviews

Protection of child victims in law enforcement process is essential to ensure the fairness of the essentials, in addition to criminal punishment to the perpetrators of the crime. This study aims to determine and analyze the consideration Requisitor prosecutors of the State Prosecutor of the case the defendant Child in Kudus of the rights of child victims. The method used in this research is juridical empirical method. Specifications research the authors use the descriptive analysis. Data collected in-depth interviews with the parties involved in research, direct observation and recording of documents. The survey results revealed the consideration of the Public Prosecutor in Requisitor yet fully protect the rights, rights of the victim, such as notifying the right to restitution.Keywords: Protection of Child Victims; Consideration Requisitor Public Prosecutor; �Restitution

scholarly journals Preservation of Rammang-Rammang biodiversity: questioning legal certainty of local community

2021 ◽  
Vol 886 (1) ◽  
pp. 012024
Author(s):  
Maskun ◽  
Nurul Habaib Al Mukarramah ◽  
Siti Nurhaliza Bachril ◽  
Hasbi Assidiq
Keyword(s):  
Local Community ◽  
Legal Protection ◽  
Local Area ◽  
Community Empowerment ◽  
Karst Area ◽  
Legal Certainty ◽  
Literature Study ◽  
Local Resources ◽  
The Right

Abstract Since the plan of marble mining activity initiated which potentially exploiting the Rammang-Rammang karst and its contained biodiversity, the Salenrang local community draws an act of rejection and initiates to protect its local area through establishing Rammang- Rammang karst as a tourism object. After such an area became the main tourist destination, the district government began trying to be the dominating actor on the management of the area by planning to withdraw retribution which draws attention since such policy does not involve the local community participation as the main actor of the tourism site. This article aims to encourage the implementation of legal certainty for local communities as the main actor for community-based tourism (CBT) that will be given right to manage its own local resources which based from the participatory rights guaranteed in Law No. 32 Year 2009, to fulfill the right to live and to get benefit from its natural resources guaranteed in the constitution of Indonesia. This research utilizes normative legal research by obtaining data from literature study and case study from Rammang-Rammang karst area and its local community. The result shows that there is an absence of legal protection on the recognition of Salenrang local community as the primary manager of the Rammang-Rammang karst area which is essential to be enforced in order to implement the effort of community empowerment for sustainable tourism.

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