scholarly journals PENERAPAN PRINSIP KEHATI-HATIAN BANK DALAM PENCAIRAN DANA NASABAH DIHUBUNGKAN DENGAN UNDANG-UNDANG TENTANG PERBANKAN

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 98-120
Author(s):  
Eri Eka Sukarini ◽  
Shofi Juliastuti
Keyword(s):  
Precautionary Principle ◽  
Commercial Banks ◽  
Financial Institution ◽  
Legal Protection ◽  
Legal Issues ◽  
Court Decision ◽  
Financial Intermediaries ◽  
The Precautionary Principle ◽  
Proof Validation ◽  
Customer Trust

Banks, especially commercial banks, are not only financial intermediaries from those with surplus funds to those with deficit funds, but are also the financial foundation of every country engaged in business activities and the various services provided. Banks serve and launch payment system mechanisms for all sectors of the economy. As a financial institution, bank activities are based on the trust of customers who can be accounted for by the bank. The Bank as an Intermediary institution carries out its business activities based on banking principles and rules, one of which is the Prudential Principle which must be applied. Themethodology used in this research is a normative juridical approach, namely by collecting library data by examining library materials or secondary legal materials. In this case, by examining the legal issues contained in Court Decision Number 38/Pdt.G/2017/PN.Idm and Act Number 10, 1998. The precautionary principle as a form of legal protection forcustomers indirectly to anticipate losses to customers. Which should be implemented properly to maintain customer trust, but in its implementation the precautionary principle has not been applied optimally. This has been encountered in one of the cases where the bank was deemed not to have maximally implemented the prudential principles. Proof (validation) of the system, the Bank should apply the precautionary principle but in its implementation the Bank causes losses to customers and the loss of customer trust in the Bank.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS PERJANJIAN KAWIN YANG DIBUAT SETELAH PERKAWINAN

2021 ◽  
Vol 6 (1) ◽  
pp. 60-77
Author(s):  
Cokorde Istri Dian Laksmi Dewi
Keyword(s):  
Precautionary Principle ◽  
Research Method ◽  
Legal Protection ◽  
Third Parties ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Legal Research ◽  
The Precautionary Principle ◽  
Civil Suit

This is derived from the Constitutional Court Decision Number 69/PUU-XII/2015, to change is a practice  making of a marriage agreement, where before the marriage agreement be made before or when the marriage, as is the Constitutional Court Decision Number 69/PUU-XII/2015 the marriage agreement can be made the marriage agreement at the time of marriage. The changer these norms give a legal impact against to legal events wicht has accurred previously related to third parties of creditors. The problem of legal protection for creditors due to the making of marriage agreement during marriage can be answered for the conducting legal research using the normative juridical legal research method, which refers to formal legal sources. so that the research method can protect creditors from the marriage agreement made during the marriage is with preventive and repressive legal protection, preventive is taking precautions that can be done with the precautionary principle of a creditor before giving credit to the debtor and resolving the problem through legal channels by canceling the marriage agreement or making a civil suit to the district court, as long as the creditor can prove that the marriage agreement was made after an incident occurred. the law with the creditor or the marriage agreement causes a loss to the creditor.

scholarly journals Cancellation of Deed of Sale and Purchase of Land Rights and Deed of Granting Mortgage Based on Court Decision

2021 ◽  
Vol 1 (1) ◽  
pp. 023-031
Author(s):  
Devendra Dovianda Priyono
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Precautionary Principle ◽  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Research ◽  
The Precautionary Principle ◽  
Yogyakarta City

This study is entitled "Cancellation of Deed of Sale and Purchase of Land Rights and Mortgage Deed Based on Court Decision". The first of this research aims to find out how the precautionary principles applied by PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights and the second is to find out and analyze the basis of legal considerations used by judges in deciding cases of cancellation of PPAT Deeds. This type of research in legal research is empirical, using a case approach that is supported by interviewing informants. Data analysis in this legal research uses qualitative analysis. The resource persons in this legal research are PPAT in Yogyakarta City, Bantul Regency and Kulonprogo Regency. Based on the results of the first research, that PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights must apply the precautionary principle as regulated in Article 22 of Government Regulation Number 37 of 1998 that the PPAT Deed must be read / explained its contents to the parties by attended by at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT, PPAT is obliged to apply the prudential principle to avoid problems that arise and harm the parties and to prevent the PPAT Deed being canceled and becoming not legally enforceable. Second, the basis for legal considerations used by the judge to cancel the PPAT deed was because the buyer committed tort and abuse of circumstances against elderly sellers who were sick, lived alone and could not read and write and were lied to by the Buyer's words.

scholarly journals Penerapan Kebijakan Tentang Prinsip Kehati-Hatian Dalam Pemberian Kredit Perbankan

2020 ◽  
Vol 3 (2) ◽  
pp. 327
Author(s):  
Nanang Tri Budiman ◽  
Supianto Supianto
Keyword(s):  
Information Systems ◽  
Precautionary Principle ◽  
Commercial Banks ◽  
Research Method ◽  
Bank Credit ◽  
Conceptual Approach ◽  
The Public ◽  
The Precautionary Principle ◽  
Asset Quality

A bank is an effort to collect funds from the public in the form of savings and distribute them back to the community in the form of credit or other forms in order to improve people's lives. In distributing credit to the public, each bank is required to implement the precautionary principle in channeling loans. This study aims to determine the application of the precautionary principle applied in the process of providing bank credit. This study uses a normative juridical research method with a statute approach and a conceptual approach. Based on the results of the study, it was found that the application of the precautionary principle was carried out in the form of obligation to formulate and implement bank credit policies for commercial banks, maximum credit limits, assessment of asset quality, debtor information systems, the principle of knowing customers and the existence of guarantees in providing credit.

Application of Prudential Principles in Registration of Granting Mortgage Right (APHT)

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 121-145
Author(s):  
Hesti Kusumaningrum
Keyword(s):  
Precautionary Principle ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
The Precautionary Principle ◽  
Registration Process ◽  
Approach Method ◽  
Working Day ◽  
Administrative Sanctions ◽  
Legal Consequences

The precautionary principle serves as a guideline for PPAT in carrying out the APHT registration process. In-Law No.4 of 1996 concerning Underwriting Rights, PPAT Position, and Civil Regulations No.1 Year 2006 implies the precautionary principle regarding the provision that the PPAT is personally responsible for the duties and authorities in the process of making the deed. PPAT must apply accuracy in registering APHT to the Land Office. Registration becomes an important moment for the birth of Underwriting Right, the fulfillment of the principle of publicity, the position of the preferred creditor as the holder of the Underwriting Right. The data used in this study are secondary data with primary data as secondary data supplementary data. The approach method used in this study is the normative juridical approach. The results of the study obtained concluded that 2 (two) terms of the application of the precautionary principle of the form and content of APHT made by PPAT in accordance with applicable regulations, however, APHT registration occurred later than the 7 (seven) working day deadline. Not applying the precautionary principle can lead to legal consequences for the PPAT, APHT. and preferred creditors, from the aspects of civil, criminal, and administrative law. Preventive and repressive legal protection for all parties concerned in the series of APHT registration processes. Suggestions for PPAT need to apply the precautionary principle to minimize late APHT registration, the Land Office needs to apply administrative sanctions. Keywords: prudential principles; APHT registration; legal consequences

scholarly journals Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made

2020 ◽  
Vol 2 (4) ◽  
pp. 593
Author(s):  
Fajar Fitrio Dwi Nugroho ◽  
Amin Purnawan
Keyword(s):  
Precautionary Principle ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
The Precautionary Principle ◽  
Rules And Principles ◽  
Type Data

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.

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