scholarly journals Corporate Finance Legal Protection as a Recipient Fiduciary Warranties Made Object of Evidence in Criminal Problem

2018 ◽  
Vol 1 (3) ◽  
pp. 673
Author(s):  
Tegar Firmansyah
Keyword(s):  
Motor Vehicle ◽  
Descriptive Analysis ◽  
Civil Law ◽  
Legal Protection ◽  
The State ◽  
Third Party ◽  
Motor Vehicles ◽  
Corporate Financing ◽  
Finance Company ◽  
Legal Consequences

. In a consumer financing agreement in the form of a motor vehicle then the finance company will carry out the object binding fiduciary insurance for motor vehicles which have been delivered to the consumer. Fiduciary purpose vehicle that has been delivered to the consumer is to secure the creditor on the agreements that have been made of the risk of a breakdown of installments or transferred vehicle that has been tied with the fiduciary guarantee. Mastery of objects that remain in the possession of the debtor could be used to commit a crime which causes fiduciary object used as evidence in court and until the court decision object was confiscated by the state guarantee. The research is qualitative research in the form of descriptive analysis using normative juridical approach. Legal protection against creditors under Article 20 of Act No. 42 Of 1999 regarding Fiduciary stating fiduciary fixed object fiduciary assurance follow wherever located or when objects are on the fiduciary third party then the lender has the authority to take it. Article contains the principle Droite de Suite. The legal consequences of confiscation by the state that is the position of the objects belong to the state and the object can not be used by anyone. Deprivation of fiduciary objects do not cause the voidance of fiduciary so that the debtor shall replace objects fiduciary pursuant to Article 1131 Civil Law Book.Keywords: Legal Protection; Fiduciary; Corporate Financing; Equipment Evidence.

scholarly journals The Legal Consequences For Buying Motor Vehicles Without Motor Vehicle Authorization Letter

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
Peter Jeremiah Setiawan ◽  
Shintya Yulfa Septiningrum ◽  
Xavier Nugraha
Keyword(s):  
Criminal Law ◽  
Motor Vehicle ◽  
Legal Theory ◽  
Civil Law ◽  
Analytical Description ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Legal Research ◽  
Motorized Vehicles ◽  
Legal Consequences

This legal research aims to determine the consequences of criminal law and civil law consequences for buyers who purchase motorized vehicles without complete and valid documents. This legal research is a normative juridical research. The nature of this legal research is an analytical description to describe an ongoing situation or situation as data for the object of research so that it can explore ideal things which can then be analyzed based on legal theory or applicable laws and regulations. Based on the results of research and discussion, the consequences of criminal law against buyers who purchase motorized vehicles without complete and valid documents are that Article 480 paragraph (1) of the Criminal Code on criminal acts of detention must be fulfilled with subjective and objective elements  Furthermore, the effect of civil law on buyers who purchase motorized vehicles without complete and valid documents is that it is possible for the owner of the motor vehicle to file a lawsuit against the law based on Article 1365 of the Civil Code.

scholarly journals PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN PEMBEBANAN JAMINAN FIDUSIA

2020 ◽  
Vol 2 (3) ◽  
pp. 299-320
Author(s):  
Subadra Yani
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Motor Vehicle ◽  
Legal Protection ◽  
Field Studies ◽  
Motor Vehicles ◽  
Primary Data ◽  
Consumer Protection Act ◽  
Finance Company ◽  
Library Studies

Consumer financing is financing activities for the procurement of goods based on consumer needs with installment payments regulated in Article 1 number 7 of Presidential Regulation No. 9 of 2009 concerning Financing Institutions. To reduce losses if debtors default, the financing of motor vehicle consumers is charged with fiduciary guarantees regulated in Law Number 42 of 1999 concerning Fiduciary guarantees. In practice, the implementation of consumer financing for motor vehicles often results in problems that harm the debtor (consumer) especially when the acquisition of fiduciary collateral items if the debtor (consumer). therefore it is necessary to conduct research on how the legal protection of debtors in consumer financing agreements with the imposition of fiduciary guarantees. The data used are secondary supporting data collected through library studies and primary data as supporting data conducted through field studies using interview techniques. The results of the study found that: legal protection for debtors in consumer financing agreements with the imposition of fiduciary guarantees has been regulated in several relevant laws and regulations, namely the Consumer Protection Act, the Fiduciary Guarantee Act, the Financial Services Authority Act and the implementing regulations. If a consumer is harmed by a finance company, the debtor (consumer) can sue the finance company because of an unlawful act and may even ask for a criminal act.

Methodology for Estimating Vehicle Miles Traveled for Commercial Motor Vehicles at the State Level

2003 ◽  
Vol 1830 (1) ◽  
pp. 72-76
Author(s):  
Candace Brown ◽  
Nancy Kennedy ◽  
Don Wright ◽  
Walt Zak
Keyword(s):  
Program Effectiveness ◽  
Motor Vehicle ◽  
State Level ◽  
The State ◽  
Motor Vehicles ◽  
Commercial Vehicles ◽  
Motor Carrier ◽  
Exposure Data ◽  
Commercial Motor Vehicle ◽  
Commercial Motor Vehicles

Described is one specific effort to better estimate commercial motor vehicle-related exposure at the state level in order to better determine commercial motor vehicle-related crash rates for state and federal programs. Limitations in the crash and exposure data affect the Federal Motor Carrier Safety Administration and a state’s ability to plan and assess operations and conduct ongoing analyses of program effectiveness. One important limitation has been the lack of reliable estimates of commercial motor vehicle exposure data at the state level. Exposure data, for the purpose of this report, are defined as the number of truck and bus vehicle miles traveled (VMT). Described is the methodology that was developed to calculate adjusted state VMT for commercial vehicles; results are presented for 1999 and 2000. The results support estimation of crash involvement rates for each state and provide exposure data for other analytical studies. The methodology to calculate adjusted state VMT for commercial motor vehicles has resulted in improved information resources in support of all crash analyses. The adjusted state VMT for commercial vehicles supports measurement of program effectiveness and development of countermeasures to promote motor carrier safety. The adjusted state VMT for commercial motor vehicles methodology and the commercial vehicle fatal-crash involvement rate reports enable state and federal agencies to better focus their safety programs and enforcement resources.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

Note on Determination of Premium Rates for Motor Vehicles (Third Party Risks) Insurance in New Zealand

1972 ◽  
Vol 98 (2) ◽  
pp. 149-156
Author(s):  
J. E. Eriksen ◽  
E. J. Jones
Keyword(s):  
New Zealand ◽  
Life Insurance ◽  
Motor Vehicle ◽  
Third Party ◽  
Motor Vehicles ◽  
Motor Insurance ◽  
Premium Rates ◽  
Insurance Rates ◽  
Basic Ideas

The authors have advised on the level of motor vehicle (third party risks) insurance rates of premium in the circumstances under which that business is written in New Zealand and this paper records the approach taken. It has been prepared in the hope that, as no difficult mathematics are involved, the basic ideas may appeal both to actuaries and to persons other than actuaries who are interested in the transaction of non-life insurance. They are relevant not merely to third party motor insurance but also to non-life insurance generally in a situation where insurance is compulsory and the rates of premium are centrally controlled. In those circumstances more sophisticated techniques of deriving premium rates are less necessary.

scholarly journals The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review

2019 ◽  
Vol 41 (3) ◽  
pp. 395-416
Author(s):  
James Marson ◽  
Katy Ferris ◽  
Jill Dickinson
Keyword(s):  
Electric Vehicles ◽  
Motor Vehicle ◽  
Autonomous Vehicle ◽  
Third Party ◽  
Motor Vehicles ◽  
Manufacturing Defects ◽  
Vehicle Accidents ◽  
Consumer Law ◽  
Motor Insurance ◽  
Driver Error

Abstract On 19 July 2018, the Automated and Electric Vehicles Act 2018 (AEVA) received Royal Assent. As motor vehicles are becoming increasingly technologically based, with driving aids having taken over many of the more mundane (and possibly dangerous) aspects of driving from the driver, it is imperative that legislation keeps pace to determine the responsibilities of the parties. Motor insurance provides protection for those involved with vehicles and who may suffer harm, injury, and loss due to the negligence of the actors. This is most frequently driver error, but may also include manufacturing defects, which result in deaths and less serious injuries. It is also here where the intersection between torts and insurance laws needs careful management. It would be particularly unfair to ask drivers or third-party victims of motor vehicle accidents to seek redress from a manufacturer for losses incurred during the actions of an autonomous vehicle. Consumer law has historically removed this burden from affected consumers and it is entirely sensible for the law to protect individuals in an emerging field—and perhaps even more so given the trajectory of vehicles with driver-enabled qualities and the numbers of vehicles currently featuring such innovations. Yet, the AEVA consists of aspects which are troubling in respect of the motor insurance industry’s dominance of this market, the application of compulsory insurance, and exclusions and limitations to responsibility which expose policy holders and victims to EU-breaching levels of risk.

scholarly journals Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Katarzyna Zalasińska
Keyword(s):  
Civil Law ◽  
Art Market ◽  
Legal Protection ◽  
The State ◽  
Direct Impact ◽  
Cultural Goods ◽  
Legal Situation ◽  
Legal Nature ◽  
The Subject ◽  
Archaeological Monument

Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

scholarly journals ANALISIS EFEKTIVITAS DAN KONTRIBUSI PAJAK KENDARAAN BERMOTOR TERHADAP PENERIMAAN PENDAPATAN ASLI DAERAH DI PROVINSI MALUKU UTARA

2014 ◽  
Vol 3 (1) ◽  
pp. 56
Author(s):  
. Hasannudin ◽  
Heince Wokas
Keyword(s):  
Asset Management ◽  
Central Government ◽  
Motor Vehicle ◽  
Fiscal Decentralization ◽  
Descriptive Analysis ◽  
Motor Vehicles ◽  
Tax Revenue ◽  
Main Mode ◽  
Management Area ◽  
Area North

ABSTRAKReformasi di bidang perpajakan dilakukan oleh pemerintah pusat, guna melaksanakan otonomi daerah, yakni dengan membagi sumber penerimaan negara berupa pajak pusat dan pajak daerah. Pajak kendaraan bermotor merupakan salah satu jenis pajak daerah yang sangat potensial dalam meningkatkan penerimaan daerah bagi provinsi maluku utara sebagai provinsi kepulauan, dimana moda transportasi utama dalam menghubungkan seluruh wilayah diprovinsi maluku utara adalah mengunakan kendaraan bermotor, baik yang dioperasikan didarat maupun dilaut. Tujuan dari penelitian ini adalah untuk mengetahui efektivitas dan kontribusi penerimaan pajak kendaraan bermotor terhadap pendapatan asli daerah (PAD). Data yang telah diolah kemudian dianalisis dengan menggunakan analisis deskriptif kualitatif. Hasil penelitian menunjukan bahwa penerimaan pajak kendaraan bermotor diprovinsi maluku utara efektif. Sementara kontribusi pajak kendaraan bermotor terhadap penerimaan PAD adalah kurang baik. Disisi lain efektivitas dan kontribusi pajak kendaraan bermotor terhadap PAD menunjukan tren yang menurun.  Hal ini menunjukan bahwa dinas pendapatan dan pengelolaan aset daerah provinsi maluku utara sudah baik dalam mengelola penerimaan pajak kendaraan bermotor namun belum serius dalam mengoptimalkan potensi penerimaan pajaknya.Kata kunci : Otonomi daerah, Pajak Pusat, Pajak Daerah, Pajak Kendaraan bermotor, Kontribusi, Efektivitas. ABSTRACT Taxation reforms carried out by the central government, in order to implement regional autonomy, namely the sharing of resources in the form of central tax revenues and local taxes. Motor vehicle tax is one type of tax potential in the area of revenue generation for the province as a province of North Maluku islands, where the main mode of transportation in connecting the entire region of North Maluku is diprovinsi motor vehicle, both on land and at sea operated. The purpose of this study was to examine the effectiveness and contribution of the motor vehicle tax revenue to local revenues. The data have been processed and analyzed using qualitative descriptive analysis. The results showed that the motor vehicle tax revenue diprovinsi North Maluku effective. While the contribution of the motor vehicle tax revenue receipts are less good. On the other hand the effectiveness and contribution of the motor vehicle tax revenue showed a declining trend. This shows that the revenue department and the asset management area, North Maluku province has been good in managing motor vehicle tax revenue but not serious in optimizing the potential tax revenue.Keywords: Fiscal Decentralization, Central Tax, Local Tax. Motor vehicles tax, Contribution, Effectiveness.

scholarly journals PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Data Sources ◽  
Legal Research ◽  
Legal Principles ◽  
Religious Law ◽  
Secondary Data Sources ◽  
The Law ◽  
Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

scholarly journals Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu)

2020 ◽  
Vol 1 (1) ◽  
pp. 222-227
Author(s):  
Ni Made Sintia Tarisa ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Limited Liability ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Research Approach ◽  
Limited Liability Company ◽  
Credit Guarantees ◽  
Legal Subjects ◽  
Statutory Regulation ◽  
Legal Consequences

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.

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