scholarly journals Legality of Execution of Collateral Based on Electronic Mortgage Certificate in Bank Credit Agreement

2021 ◽  
Vol 4 (1) ◽  
pp. 15-27
Author(s):  
Sriono Sriono ◽  
Kusno Kusno ◽  
Risdalina Risdalina ◽  
Wahyu Simon Tampubolon ◽  
Indra Kumalasari M.
Keyword(s):  
Spatial Planning ◽  
Bank Credit ◽  
Court Order ◽  
Registration System ◽  
Research Results ◽  
Data Error ◽  
The Republic ◽  
Using Data ◽  
The One ◽  
Credit Agreement

This study aims to analyze the legality of the electronic certificate of mortgage in the context of executing the guarantee if the debtor defaults or defaults if there is a data error in the bank credit agreement. The method used in this research is the literature method with reference to the normative juridical method, namely using data sourced from secondary legal materials, namely from the prevailing laws and regulations in Indonesia. The regulations used as material are the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 3 of 2019 concerning Electronically Integrated Mortgage Services. The research results show that the certificate generated from the electronic mortgage registration system has executorial power because the mortgage certificate contains the sentence for Justice Based on the One Godhead. The sentence shows that the mortgage certificate can be used as a tool for executing collateral if the debtor defaults or defaults to pay without a court order. Sentences for Justice based on the One Godhead are equated as a judge's decision in a court. If there is a data error in the certificate and no changes are made, the execution cannot be carried out and the certificate can be canceled and the agreement in guarantee can also be canceled.

scholarly journals KLAUSULA EKSONERASI DALAM PERJANJIAN KREDIT ANTARA PT. MANDIRI PERSERO (TBK) SEMARANG DENGAN WIBOWO S.E. DAN SITI AISYAH (Studi Kasus Putusan No. 8 K/Pdt/2013)

2019 ◽  
Vol 1 (2) ◽  
pp. 595
Author(s):  
Hellen Rumiris ◽  
Stanislaus Atalim
Keyword(s):  
Consumer Protection ◽  
Risk Sharing ◽  
The Other ◽  
Bank Credit ◽  
Standard Contract ◽  
Consumer Protection Act ◽  
The Republic ◽  
The Government ◽  
Credit Agreement ◽  
Banking Credit

Granting credit by the bank to the society greatly helps to develop a business that is run by community both individuals and legal entities. The government of the Republic of Indonesia has intructed banking to provide credit facilities especially for the middle and lower businesses. Banking credit agreement is a standard contract made by the bank by almost not giving freedom at all to the other parties to do negotiation for the requirements offered. This type of research using a normative juridicial research. This research aims to analyze the exoneration clauses in a credit agreement between PT. Bank Mandiri Persero (Tbk) Semarang with Wibowo, S.E. and Siti Aisyah. The bank credit agreement is the legal agreement to the Article 1320 of Indonesian Civil Code. However, the exoneration clauses listed on it contradicts some basis in the law agreement and also violates the provisions of Article 18 of The Consumer Protection Act. Clauses in a credit agreement are made to regulate the rights and the obligatons of the parties so that reasonable risk sharing occures between the bank and the customer. In fact, exoneration clauses are often abused by businessman attempting to diminish, divert and even refuse responsibility. The result of this research concludes that: First, the Government must provide more limits on the using of exoneration clauses through revision of The Consumer Protection Act. Second, PT. Bank Mandiri (Tbk) Semarang must be more meticulous and careful to determine contents of credit 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 Using Data Mining In Learning Management Systems Amidst Covid-19

2020 ◽  
Vol 6 (3) ◽  
pp. 213
Author(s):  
Froilan D Mobo
Keyword(s):  
Data Mining ◽  
Pattern Mining ◽  
Learning Management Systems ◽  
The Philippines ◽  
Management Systems ◽  
Official Gazette ◽  
Learning Management ◽  
The Republic ◽  
Using Data ◽  
The One

<p>The Second Semester of Academic Year 2019-2020 was temporarily suspended due to the widespread COVID-19 last March 16, 2020, forcing the President of the Republic of the Philippines, Hon. Rodrigo Roa Duterte imposed an Enhanced Community Quarantine in Luzon which is known as a lockdown closing all the border points of each town and provinces. One of the major problem encountered during the lockdown is the suspension of classes because as per IATF guidelines you need to stay home, the said Memorandum Order was posted in the official gazette, (Medialdea, 2020)</p><p>The dataset on the features of the Learning Management Systems using Moodle is that Professors will be the one who will set the topics, quizzes, and exercises for his class even the assessment methods on the system. To prevent from slowing down the network,  the Team of Seaversity the developer of the learning management systems headed by C/E Ephrem Dela Cernan conducts a ZOOM Training to all Faculty to be familiarized more on the Learning Management Systems of the Philippine Merchant Marine Academy. </p><p>The Moodle Learning Management Systems is a user-friendly environment because of its features and users can easily adjust from the traditional face to face teaching going to e-Learning approach because of it’s all capabilities as a data mining methods such as statistics, association rule mining, pattern mining visualization, categorization, clustering, and text mining., (AlAjmi &amp; Shakir, 2013)</p>

Geo-portal for tourism as a tool of research results visualization and promotion of destination

2016 ◽  
Vol 10 (4) ◽  
pp. 56-70 ◽  
Author(s):  
Азат Сафарян ◽  
Azat Safaryan
Keyword(s):  
Information Support ◽  
Historical Period ◽  
Research Results ◽  
Tourist Destinations ◽  
The People ◽  
Tourism Sector ◽  
Comprehensive Information ◽  
The Republic ◽  
Tourism Potential ◽  
The One

It has long been observed that tourism is a rapidly changing area of the economy. This applies to both types of tourism, and to tourist destinations. In this context, there is objective problem of reliable and comprehensive information support of tourists and travelers in relation to both the traditional tourism countries and new places. Based on the experience of majority of tourism advanced economies, we believe that geo-portal dedicated to the tourism can serve as such resource. It will have multifaceted importance. On the one hand, the geo-portal can visualize the research results of the territory´s tourism potential and to provide a basis for further scientific and educational works. On the other hand it gives the opportunity for tourists to understand the differences and peculiarities of destination, and for investors - to select promising areas for development. The author gives the example of the geo-portal for tourism created by him with the help of geographic information systems. One of the main distinguishing features of geo-portal is considerations of local differences, because every place has its own uniqueness. For the Republic of Armenia, country with a developing tourism sector, this resource will be useful and necessary. The mountainous terrain and the people living in this area for a long historical period are the main features of the tourism potential of the Republic of Armenia. Geo-portal will provide an opportunity to demonstrate not only a popular attractive tourist sites, but also other objects that may be of tourist interest. This will reduce the pressure on the several popular tourist destinations, as well as to develop tourism in the new parts of the country.

scholarly journals LEMBAGA WALI NANGGROE ANTARA PERAN ADAT DAN POLITIK: SUATU ANALISIS TERHADAP QANUN ACEH NOMOR 10 TAHUN 2019 PERUBAHAN KEDUA ATAS QANUN ACEH NOMOR 8 TAHUN 2012 TENTANG LEMBAGA WALI NANGGROE

2022 ◽  
Vol 7 (1) ◽  
pp. 63-74
Author(s):  
Eka Januar
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
Human Rights Violations ◽  
Truth And Reconciliation ◽  
Analysis Technique ◽  
Free Aceh Movement ◽  
The Republic ◽  
The Government ◽  
Using Data ◽  
The One

The birth of Qanun number 17 of 2013 concerning the Aceh Truth and Reconciliation Commission is the result of a derivative of Law number 11 of 2006 concerning the Government of Aceh (UUPA), which is a derivative of the result of the Helsinki Peace Memorandum of Understanding (MoU) between the Republic of Indonesia (RI) and the Free Aceh Movement (GAM) on August 15, 2005 in Helsinki, Finland. This paper discusses the opportunities for the Acehnese Conflict Survivors/Victims Association as Social Capital in the existence of Qanun number 17 of 2013 to settle the fulfillment of the rights of victims of human rights violations that occurred in Aceh in the period 1976-2005. This type of research is a qualitative research. The process of collecting data using the method of observation of the object of research related to the one being studied, interviews starting from listening, arranging words, and summarizing the results of the interviews without losing the substance of the information conveyed by the informants. The data analysis technique in this study used descriptive techniques using data reduction. The results of this study indicate that from its journey, especially after the Aceh Peace, SPKP-HAM Aceh was present in various issues related to human rights violations during the Aceh conflict, especially after the Aceh peace. The birth of Qanun number 17 of 2013 was a part of the SPKP-HAM advocacy with other institutions as well as Acehnese students in 2010 during the occupation of the Aceh DPR building. Furthermore, various issues regarding the fulfillment of the rights of victims of human rights violations, this organization also criticizes government policies that do not take sides with victims of conflict.

scholarly journals LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS

2021 ◽  
Vol 2 (1) ◽  
pp. 37-48
Author(s):  
Disa Soraya
Keyword(s):  
Legal Protection ◽  
Bank Credit ◽  
Legal Certainty ◽  
Legal Rules ◽  
Limit Value ◽  
Sense Of Security ◽  
The Republic ◽  
Credit Agreement ◽  
The Right

In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.

scholarly journals PAGUYUBAN KORBAN KONFLIK SEBAGAI MODAL SOSIAL DALAM EKSISTENSI QANUN NOMOR 17 TAHUN 2013

2022 ◽  
Vol 7 (1) ◽  
pp. 51-62
Author(s):  
M. Reza Fahlevi
Keyword(s):  
Human Rights ◽  
Truth And Reconciliation Commission ◽  
Human Rights Violations ◽  
Truth And Reconciliation ◽  
Analysis Technique ◽  
Free Aceh Movement ◽  
The Republic ◽  
The Government ◽  
Using Data ◽  
The One

The birth of Qanun number 17 of 2013 concerning the Aceh Truth and Reconciliation Commission is the result of a derivative of Law number 11 of 2006 concerning the Government of Aceh (UUPA), which is a derivative of the result of the Helsinki Peace Memorandum of Understanding (MoU) between the Republic of Indonesia (RI) and the Free Aceh Movement (GAM) on August 15, 2005 in Helsinki, Finland. This paper discusses the opportunities for the Acehnese Conflict Survivors/Victims Association as Social Capital in the existence of Qanun number 17 of 2013 to settle the fulfillment of the rights of victims of human rights violations that occurred in Aceh in the period 1976-2005. This type of research is a qualitative research. The process of collecting data using the method of observation of the object of research related to the one being studied, interviews starting from listening, arranging words, and summarizing the results of the interviews without losing the substance of the information conveyed by the informants. The data analysis technique in this study used descriptive techniques using data reduction. The results of this study indicate that from its journey, especially after the Aceh Peace, SPKP-HAM Aceh was present in various issues related to human rights violations during the Aceh conflict, especially after the Aceh peace. The birth of Qanun number 17 of 2013 was a part of the SPKP-HAM advocacy with other institutions as well as Acehnese students in 2010 during the occupation of the Aceh DPR building. Furthermore, various issues regarding the fulfillment of the rights of victims of human rights violations, this organization also criticizes government policies that do not take sides with victims of conflict.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

The interaction of higher education system with the labor market: A study of the labor market in the regions of the Volga Federal District

2020 ◽  
Vol 26 (2) ◽  
pp. 456-480
Author(s):  
R.B. Galeeva
Keyword(s):  
Higher Education ◽  
Labor Market ◽  
Education System ◽  
Federal District ◽  
Highly Qualified ◽  
Expert Survey ◽  
Higher Education System ◽  
Qualified Personnel ◽  
The Republic ◽  
The One

Subject .This article discusses the need to bring into line with the future activities of specialists the content of their preparation, the formation of a system model of higher education, which takes into account today's and prospective requirements of the labor market. Objectives. The article aims to research the labor market in four regions of the Volga Federal District of the Russian Federation: the Republic of Tatarstan, Mari El Republic, Chuvash Republic, and the Ulyanovsk oblast, as well as discuss problems and prospects of interaction of universities with enterprises and organizations of these regions. Methods. For the study, I used the methods of logical and statistical analyses, and in-depth expert survey. Results. The article analyzes the state of regional labor markets, presents the results of the expert survey of labor market representatives and heads of the regional education system, and it defines possible ways of harmonizing the interaction of universities with the labor market. Conclusions. The article notes that although the number of employed with higher education is growing, at the same time there is a shortage of highly qualified personnel in certain professions, on the one hand, and unskilled workers, on the other. Also, the article says that the universities do not prepare the necessary for the regions specialists in a number of professions or they provide a set of competencies different from the requirements of the labor market, so it is necessary to form and develop effective directions of cooperation between educational institutions and employers.

Waldpolitischer Jahresrückblick 2013

2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Lower Court ◽  
Forest Exploitation ◽  
Forest Law ◽  
Harmful Organisms ◽  
European Forest ◽  
The One

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.

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