Tanggung Jawab Direksi Terhadap Perbuatan Melawan Hukum Atas Akta Perjanjian Kredit

While the loan-receivable agreement is generally used by the public and is not related to the bank.This type of research is normative legal research. What is meant by juridical normative research is research used to study the application of legal norms or norms. Regulations Regarding Responsibility for Acts Against the Law on Credit Agreement Deeds, which are carried out by the board of directors are regulated in Article 1365 of the Civil Code regarding Acts Against the Law, the Code of Commercial Law, namely PT Regulations in the KUHD described in articles 36 to 56. The further discussion regarding PT as a legal entity is regulated in Law Number 40 of 2007, Article 1 point 2, namely the general meeting of shareholders, directors and commissioners who have their respective functions and duties as well as authority. And Article 52 of Law Number 30 of 2004 concerning the Position of Notary Public.

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AKIBAT HUKUM KELALAIAN KREDITUR DALAM MELAKUKAN ROYA ATAS JAMINAN FIDUSIA

JURNAL HUKUM DAS SOLLEN ◽

10.32520/das-sollen.v1i4.328 ◽

2018 ◽

Vol 1 (4) ◽

Author(s):

Ninik Meiyudianti

Keyword(s):

Legal Research ◽

Object Based ◽

The Law ◽

Credit Agreement

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor. When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off. The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.

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TANGGUNG JAWAB PERBANKAN DALAM KASUS PEMBOBOLAN DANA NASABAH (Studi Pembobolan Deposito milik PT. Elnusa, Tbk)

Jurnal Privat Law ◽

10.20961/privat.v7i2.39340 ◽

2019 ◽

Vol 7 (2) ◽

pp. 301

Author(s):

Thessa Anial John

Keyword(s):

Consumer Protection ◽

Case Study Approach ◽

Legal Research ◽

Public Funds ◽

The Public ◽

Study Approach ◽

Banking Service ◽

The Law ◽

Research Show

AbstractThis article aims to study the bank’s responsibility towards fraud against customer with a case study of Bank Mega Fraud against PT. Elnusadeposito funds. This research is a normative legal research using constitutional and case study approach. The result of this research show that Bank Mega liquefyPT. Elnusadeposito funds carelessly without PT.Elnusa consent is an act against the law. Bank Mega hasfailed to fulfil it’s responsibility towardsthe customer as regulated Article 37 B paragraph (1) UndangUndang Nomor 10 Tahun 1998 concerning banking service that stipulate every bank must guarantee the public funds deposited in the bank concerned The action of Bank Mega has caused losses both material and immaterial loss so that Bank Mega has to give responsibility and compensation for damage and consumer loss according to Article 19 paragraph (2) Undang-Undang Nomor 8 Tahun 1999 regarding consumer protection.Keywords: Responsibility; prudential principles; banks; and customers.AbstrakArtikelini bertujuan mengkaji tanggung jawab perbankan terhadap pembobolan dana nasabah denganstudi kasus terhadap Bank Mega dalam kasus pembobolan dana deposito PT.Elnusa, Penelitian ini merupakan penelitian hukum normatif dengan melakukan pendekatan undang-undang dan pendekatan kasus.Berdasarkan hasil dari penelitian dapat disimpulkan bahwa tindakan Bank Mega mencairkan dana deposito milik PT.Elnusa secara tidak hati-hati dan tanpa sepengetahuan PT. Elnusa merupakan tindakan yang melanggar hukum. Bank Mega telah tidak memenuhi kewajibannya terhadap nasabah sebagaimana diatur dalam Pasal 37 B ayat (1) Undang-Undang Nomor 10 Tahun 1998 tentang Perbankan yang menyebutkan bahwa setiap bank wajib menjamin dana masyarakat yang disimpan pada bank yang bersangkutan. Tindakan Bank Mega telah menimbulkan kerugian baik materiil maupun immateriil sehingga Bank Mega selaku pelaku usaha berdasarkan Pasal 19 ayat (2) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen bertanggung jawab untuk memberikan ganti rugi atas kerusakan, pencemaran, dan/atau kerugian konsumen akibat mengkonsumsi barang dan/atau jasa yang dihasilkan.Kata Kunci: Tanggung jawab; prinsip kehati-hatian; bank; dan nasabah.

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The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽

10.30659/akta.v5i2.3175 ◽

2018 ◽

Vol 5 (2) ◽

pp. 481

Author(s):

Arif Budi Pamungkas ◽

Djauhari Djauhari

Keyword(s):

Research Method ◽

Online Auctions ◽

Legal Protection ◽

Legal Certainty ◽

Legal Research ◽

The Public ◽

State Office ◽

The Law ◽

The Right ◽

The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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PERJANJIAN PENGIKATAN JUAL BELI DALAM PRAKTIK PRE PROJECT SELLING

JURNAL MEDIA HUKUM DAN PERADILAN ◽

10.29062/jmhp.v5i2.89 ◽

2019 ◽

Vol 5 (2) ◽

pp. 223-229

Author(s):

Diah Ayu Saraswita

Keyword(s):

Civil Code ◽

Special Technique ◽

The Public ◽

Language Form ◽

The Law ◽

Notary Public

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed’s title and deed’s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

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The Role of the Directors

10.1093/oso/9780198858874.003.0007 ◽

2021 ◽

pp. 125-194

Author(s):

Eva Micheler

Keyword(s):

Public Interest ◽

Company Law ◽

Economic Interests ◽

Financial Reports ◽

The Public ◽

Company Directors ◽

The Board Of Directors ◽

The Law ◽

The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

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Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

Jurnal Ilmiah Universitas Batanghari Jambi ◽

10.33087/jiubj.v19i2.611 ◽

2019 ◽

Vol 19 (2) ◽

pp. 233

Author(s):

Erisa Ardika Prasada ◽

Joni Emirzon ◽

K.N Sofyan Hasan

Keyword(s):

Economic Activity ◽

General Rule ◽

Civil Code ◽

Legal Research ◽

Legal Entity ◽

Legal Norms ◽

Legal Principles ◽

Gradual Process ◽

The Law ◽

The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

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Efektivitas Pemberantasan Pungutan Liar dalam Pelayanan Publik di Desa Pangsan Kecamatan Petang Kabupaten Badung

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.2.2442.94-97 ◽

2020 ◽

Vol 1 (2) ◽

pp. 94-97

Author(s):

I Putu Putra Ariasa ◽

Ida Ayu Putu Widiati ◽

Luh Putu Suryani

Keyword(s):

Research Method ◽

Public Services ◽

Legal Research ◽

Technical Indicators ◽

Administrative Services ◽

The Public ◽

Work System ◽

Standard Procedures ◽

The Law

Illegal levies are a form of crime that is very familiar to the public. Basically, illegal levy and corruption are the same acts where the two acts use power for the purpose of enriching themselves by violating the law. Based on the background of this problem, this research was conducted with the aim of describing the implementation of public services at Pangsan Village office, Petang District and the effectiveness of illegal levies eradication on public services at Pangsan Village office, Petang District. This study employed an empirical legal research method. The results of this study indicated that the implementation of public services at Pangsan Village office, Petang District has met technical indicators in accordance with work procedures. In Pangsan Village, the standard procedures also have the function of forming an orderly, systematic, and accountable work system and workflow. the effectiveness of illegal levies eradication on public services at the Pangsan Village office, Petang District has been very effective through the efforts made to prevent illegal levies in administrative services.

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Pertanggungjawaban Hukum Praktik Tukang Gigi Yang Melebihi Wewenangnya

Interest : Jurnal Ilmu Kesehatan ◽

10.37341/interest.v8i1.127 ◽

2019 ◽

Vol 8 (1) ◽

Author(s):

Devi Dharmawan ◽

Ivonne Jonathan

Keyword(s):

Consumer Protection ◽

Health Personnel ◽

Criminal Code ◽

Legal Research ◽

Is Research ◽

Consumer Protection Act ◽

The People ◽

The Law ◽

The Right ◽

Legal Consequences

Background: The public's lack of understanding of the different professions of dental artisans, dental technicians, and dentists has an impact on the practice that exceeds the authority carried out for years without any legal consequences borne by dental artisans. Although the regulations concerning work that can be done by dental artisans have been clearly explained in Permenkes No. 39 of 2014 this is still violated by dental artisans. In this case, the people are victims because of ignorance and high local wisdom in certain areas. Method: This study uses a type of normative juridical legal research. Normative legal research is research that focuses its study by viewing the law as a whole system rule which includes a set of principles, norms, and rules of law, both written and unwritten. Results: Giving the right to claim compensation to the patient is an effort to provide protection for each patient for a result that arises both physically and non-physically due to a mistake or negligence by health personnel. Conclusion: Dental workers can be charged with the Criminal Code article 359, 360, 361, namely whoever is due to his mistake (negligence) causes other people to be injured, severely disabled, or even die. In addition, the Consumer Protection Act No.8 of 1999 Article 4 of the Consumer Protection Law has the right to comfort, security and safety in consuming goods and/or services that can be used.

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PENGGANTIAN BIAYA KEPADA SAKSI ATAU AHLI DALAM RANGKA MEMBERIKAN KETERANGAN DALAM SISTEM PERADILAN PIDANA (Studi Penelitian di Wilayah Hukum Pengadilan Negeri Takengon)

REUSAM: Jurnal Ilmu Hukum ◽

10.29103/reusam.v8i2.3866 ◽

2021 ◽

Vol 8 (2) ◽

pp. 128

Author(s):

Lisa Purba Hajini Purba ◽

Sumiadi S ◽

Yusrizal Y

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

District Court ◽

Compensation Mechanism ◽

Legal Research ◽

Legal Norms ◽

Procedure Code ◽

The Law ◽

The Cost

Summons of witnesses at each level of criminal case examination has consequences for the cost of attending the summons. So far, the provisions regarding the cost of summoning witnaesses and experts have been regulated in Article 229 of the Criminal Procedure Code and Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 2 of 2002 concerning Procedures for Protection of Witnesses and Victims in Human rights violations, however, in reality the fees that have been regulated in the law are not fully provided to all witnesses and even if there are costs they are not up to standard and not optimal. These costs include accommodation costs, consumption costs, transportation costs and costs of reimbursing lost income due to having to attend calls. The purpose of this research is to find out and explain the compensation mechanism to witnesses or experts in order to differentiate information in the criminal justice system in the jurisdiction of the Takengon District Court and what are the obstacles in reimbursing costs to witnesses or experts in order to provide information in the criminal justice system in the region. the law of the Takengon District Court. This type of research is juridical empirical, that is, approaching the problem through legal research by looking at the prevailing legal norms and relating them to the facts that exist in society in connection with the problems encountered in the research.

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Perlindungan Hukum Terhadap Notaris Atas Pembuatan Akta Oleh Penghadap Yang Dinyatakan Palsu (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 385 K/PID/2006)

Hukum dan Masyarakat Madani ◽

10.26623/humani.v8i2.1378 ◽

2018 ◽

Vol 8 (2) ◽

pp. 131

Author(s):

Vitto Odie Prananda

Keyword(s):

Supreme Court ◽

Legal Research ◽

Ratio Decidendi ◽

The Law ◽

Notary Public ◽

Public Environment

Permasalahan yang sering terjadi berkaitan dengan pelaksanaan tugas jabatan Notaris adalah jika ada akta Notaris yang dipersalahkan oleh para pihak terlebih jika para pihak datang kepada Notaris dengan memberikan keterangan palsu atau menggunakan alat bukti palsu dalam pembuatan akta. Hal ini membuat Notaris dikaitkan sebagai pihak yang turut serta melakukan suatu tindak pidana. Penulis dalam penelitian ini ingin menelaah dan menganalisa lebih lanjut tentang keabsahan akta notaris yang didasarkan pada alat bukti yang dinyatakan palsu dan ratio decidendi Putusan Mahkamah Agung Republik Indonesia Nomor 385 K/PID/2006 Metode penelitian yang digunakan adalah penelitian hukum normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau bahan hukum sekunder sedangkan pendekatan masalah dilakukan dengan menggunakan pendekatan undang-undang dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa akta Notaris yang didasarkan pada alat bukti yang dinyatakan palsu adalah batal demi hukum. Notaris tidak berwenang untuk mengkaji sah atau tidaknya Surat Kuasa di bawah tangan dan Notaris tidak bertanggungjawab secara dipidana atas akta yang dibuatnya meskipun pembuatan akta tersebut didasarkan pada alat bukti palsu. Issues that are commonly occur within notary public environment is concerning fake information given by client. Numerous clients commonly provide fake information and evidence in order to achieve their goals in making notarial deed published by notary public. This condition makes notary public alleged as party that conducting criminal act. The present research tries to analyze further about validity of notarial deed that is based on fake information or evidence provide by the client. Moreover, the present study tries to ratio decidendi of Indonesia Supreme Court No 385 K/PID/2006 The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that notarial deed based on fake information or evidence provided by the client is canceled. Notary public is not obliged to examine validity of information coupled with evidence provided by the client. Furthermore, notary public is not responsible for criminal act although he/she publishes notarial deed with fake information or evidence provided by the client.

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