scholarly journals Jurisdiction Regarding The Objective Rights Of Buyer Asset-Backed Securities In Secondary Housing Financing

2021 ◽  
Vol 3 (4) ◽  
pp. 176-186
Author(s):  
Junitin Sinar Humombang N
Keyword(s):  
Capital Market ◽  
Home Ownership ◽  
Legal Protection ◽  
Financial Assets ◽  
Judicial Process ◽  
Transition Mechanism ◽  
Debt Security ◽  
Asset Backed Securities ◽  
The Right ◽  
To Receive

Secondary housing financing is a facility that makes it easier for banks to liquidate their less liquid financial assets in the form of receivables arising from the distribution of Home Ownership Loans (KPR). This needs to be done to avoid mismatch funding. The title of this research is “Juridic Review On The Objective Rights Of The Buyer Of Asset-Backed Securities In Secondary Housing Financing”. The research was conducted to find out what are the material rights of asset-backed securities holders in housing secondary financing, how is the transition mechanism, what is the legal protection for asset-backed securities holders and whether national laws need to be adjusted to the concept of secondary housing finance. As for this writing, it can be concluded that the material rights attached to asset-backed securities in housing secondary financing owned by the buyer/holder of asset-backed securities include the right to receive payments, the right to transfer ownership of the asset-backed securities, the right to charge or make asset-backed securities as collateral for the settlement of debts from asset-backed securities holders, the right to obtain settlement of receivables due to mortgage rights on houses and land used as collateral for mortgages (KPR), the right to obtain disclosure of material facts, the right to obtain interest (for asset-backed securities that are debt), the right to Get Settlement of Receivables from the Issuer's Assets. Apart from that, it can also be concluded that the mechanism for the transfer of rights to the issuance of asset-backed securities in secondary housing financing generally consists of 4 phases, namely, among others, the emergence of receivables (receivables) through the distribution of housing loans, sales of receivables by original creditors to third parties. issuer, transfer of material rights in the form of receivables to investors with the issuance of asset-backed securities, transfer of asset-backed securities between one investor to another. Regarding legal protection for buyers/holders of asset-backed securities, it can be concluded that legal protection for buyers/holders of asset-backed securities in secondary mortgage financing is broadly divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection for holders of asset-backed securities in secondary housing financing lies in implementing the disclosure principle in capital market law, especially in secondary housing financing. Meanwhile, repressive legal protection for asset-backed securities holders consists of 2, namely, legal protection against unlawful acts and legal protection against default acts, both of which must go through a judicial process and cannot be carried out individually but can only be implemented by investment managers in If the asset-backed securities are in the form of securities (equity security)/unit of participation, while if the securities are debt security, the legal action must be carried out through a trustee.

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 Wanita Bali yang Daha Tua (Tidak Menikah) terhadap Hak Warisan di Desa Adat Abianbase Kabupaten Gianyar

2020 ◽  
Vol 1 (1) ◽  
pp. 26-31
Author(s):  
Anak Agung Galuh Ratna Chyntia Dewi ◽  
I Wayan Wesna Astara ◽  
I Ketut Sukadana
Keyword(s):  
Family System ◽  
Legal Protection ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Data Types ◽  
Research Problems ◽  
The Right ◽  
The Cost ◽  
To Receive

Balinese unmarried women still do not get legal protection in the rights of inheritance. This is because the Hindu community in Bali adheres to the Patrilinial family system that only men are entitled to receive inheritance. In the development of the main assembly of Pakraman village, Bali (MUDP) has taken the initiative to grant the rights of inheritance to women with their parents' property. From the fact, then the research problems are formulated as (1) How the position of unmarried Balinese women in the customary village of Abianbase? (2) How to implement the birthright of unmarried Bali women in the customary village of Abianbase. The research method used is empirical-juridical research implemented by researching the reality in Abianbase customary village and the Supreme Pasamuhan Decree of MUDP III. The data types used are the primary data and the secondary data. Finally it was concluded that the position of unmarried women equals the women’s position on the customary law of Bali. The unmarried woman cannot have a birthright except the right to take advantages of their parents’ inheritance as the cost of living with other heirs. The implementation is, in the traditional village Abianbase after the decree of the main assembly of Pakraman village about the results of Pasamuhan Agung III MUDP Bali, there’ a need for a relatively longer time because it concerns the tradition that has been ingrained in society life.

scholarly journals IMPLEMENTATION OF ARTICLE 86 OF LAW NUMBER 13 OF 2003 CONCERNING MANPOWER,OCCUPATIONAL SAFETY AND HEALTH TOWARD OPERATOR OF GAS STATION NUMBER 21.381.09 AT RAWA MAKMUR OF BENGKULU CITY

2020 ◽  
Vol 9 (2) ◽  
pp. 185-195
Author(s):  
Sukma Jumiati ◽  
Candra Irawan ◽  
Ganefi Ganefi
Keyword(s):  
Occupational Safety ◽  
Legal Protection ◽  
Occupational Safety And Health ◽  
Data Sources ◽  
Primary Data ◽  
Sweetened Condensed Milk ◽  
Safety And Health ◽  
Gas Station ◽  
The Right ◽  
To Receive

Regarding labour protection, therefore the Law Number 13 of 2003 concerning Manpower,Article 86 Paragraph (1) Letter a and Paragraph (2) states that:"Every worker/labourer has the right to receive protection on occupational safety and health". Then, the researchers will discuss the implementation of article 86 of law number 13 of 2003 concerning Manpower, occupational safety and health toward an operator of the gas station number 21.381.09 at RawaMakmurof Bengkulu City. The aim of this research was to know the implementation ofarticle 86 of Law Number 13 of 2003 concerning Manpower toward the operator of gas station number 21.381.09 atRawaMakmurof Bengkulu City. This research was an empirical study of qualitative research. The data sources used were secondary and primary data sources. In collecting the data, the researcher used interview, observation and documentation. After doing research, it can be concluded the following: Legal Protection at the gas stationare done by using Security Administration Body for Employment (BPJS Ketenagakerjaan) and Healthcare Security (BPJS Kesehatan), and conducted directly protection by the company by providing sweetened condensed milk as a neutralizing immune system, protective footwear shoes, and fire extinguishers as firefighters.

scholarly journals Конституционные Права Работников На Правовую Защиту И Определенность (Constitutional Rights of Workers in Obtaining Protection and Legal Certainty)

2020 ◽  
Vol 7 (9) ◽  
pp. 843-854
Author(s):  
Nur Rohim Yunus ◽  
Annissa Rezki ◽  
RR Dewi Anggraeni
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Legal Protection ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Legal Foundation ◽  
Qualitative Research Methodology ◽  
The Republic ◽  
The Right ◽  
To Receive

Abstract:There are so many conflicts between companies and workers, and these conflicts often end up in court. At certain moments workers are declared winners and the company is obliged to pay the right to obligations as a provider of labor. Workers hope to receive all rights and be protected by law which can overshadow and protect the existence of workers, both individually and as a group. This research uses descriptive qualitative research methodology and refers to the 1945 Constitution of the Republic of Indonesia as the main legal foundation and other laws and regulations.Keywords: Legal Protection, Constitutional Rights, Workers' Rights Аннотация:Существует много конфликтов между компаниями и работниками, и эти конфликты часто заканчиваются в суде. Бывают случаи, когда работники объявляются победителями, и компания обязана оплачивать права по обязательствам как работодатель. Рабочие надеются получить все свои права и быть защищены законом как индивидуально, так и в составе группы. В этом исследовании используется описательно-качественная методология исследования и упоминается Конституция Индонезии 1945 года в качестве основного правового закона и другие законодательные акты, представленные ниже.Ключевые слова: Правовая защита, Конституционные права, Права работников

scholarly journals PERTANGGUNGJAWABAN BANK SEBAGAI KORPORASI TERHADAP TERJADINYA FRAUD

2019 ◽  
Vol 11 (1) ◽  
pp. 13
Author(s):  
Adi Atmaka ◽  
Martin Roestamy
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Research Method ◽  
Banking Sector ◽  
Legal Protection ◽  
Legal Responsibility ◽  
Customer Complaints ◽  
Domain Identification ◽  
The Right ◽  
To Receive

Operations of crimes committed by bank burglars must be immediately anticipated by the legal apparatus in Indonesia quickly and carefully so that the law does not look weak. At present the development of criminal legal responsibility has begun to expand, in the concept of criminal law, accountability can not only be requested from individuals, but also corporately. The obstacle is the concept of accountability of various corporate modes of law enforcement in Indonesia, so far it has not been utilized, besides the concept of corporate responsibility is not yet widely known, this concept is also still in the gray domain. Identification of this research are: 1) How is the bank's responsibility as a corporation for fraud and fraud ?. 2) What is the legal protection of bank customers who are victims of fraud? The research method used in this study is a normative juridical approach. The results of this study are: 1) Bank Indonesia as the holder of the Indonesian banking authority in an effort to meet applicable standards in the banking sector has prioritized programs related to customer protection, handling customer complaints, and including handling the establishment of independent banking mediation institutions, 2) In banking practice, a provision applies that customers who will save their funds in a bank are not free. The customer has the right to receive interest on funds deposited with the bank.

DMSA-scintigraphy in paediatrics: Is the evaluation of the geometric mean necessary for the calculation of the differential renal function?

2001 ◽  
Vol 40 (04) ◽  
pp. 107-110 ◽  
Author(s):  
B. Roßmüller ◽  
S. Alalp ◽  
S. Fischer ◽  
S. Dresel ◽  
K. Hahn ◽  
...  
Keyword(s):  
Renal Function ◽  
Geometric Mean ◽  
Region Of Interest ◽  
Posterior View ◽  
Renal Abnormality ◽  
Anterior View ◽  
Differential Renal Function ◽  
The Mean ◽  
The Right ◽  
To Receive

SummaryFor assessment of differential renal function (PF) by means of static renal scintigraphy with Tc-99m-dimer-captosuccinic acid (DMSA) the calculation of the geometric mean of counts from the anterior and posterior view is recommended. Aim of this retrospective study was to find out, if the anterior view is necessary to receive an accurate differential renal function by calculating the geometric mean compared to calculating PF using the counts of the posterior view only. Methods: 164 DMSA-scans of 151 children (86 f, 65 m) aged 16 d to 16 a (4.7 ± 3.9 a) were reviewed. The scans were performed using a dual head gamma camera (Picker Prism 2000 XP, low energy ultra high resolution collimator, matrix 256 x 256,300 kcts/view, Zoom: 1.6-2.0). Background corrected values from both kidneys anterior and posterior were obtained. Using region of interest technique PF was calculated using the counts of the dorsal view and compared with the calculated geometric mean [SQR(Ctsdors x Ctsventr]. Results: The differential function of the right kidney was significantly less when compared to the calculation of the geometric mean (p<0.01). The mean difference between the PFgeom and the PFdors was 1.5 ± 1.4%. A difference > 5% (5.0-9.5%) was obtained in only 6/164 scans (3.7%). Three of 6 patients presented with an underestimated PFdors due to dystopic kidneys on the left side in 2 patients and on the right side in one patient. The other 3 patients with a difference >5% did not show any renal abnormality. Conclusion: The calculation of the PF from the posterior view only will give an underestimated value of the right kidney compared to the calculation of the geometric mean. This effect is not relevant for the calculation of the differntial renal function in orthotopic kidneys, so that in these cases the anterior view is not necesssary. However, geometric mean calculation to obtain reliable values for differential renal function should be applied in cases with an obvious anatomical abnormality.

ANALISA PREDIKSI INDEKS HARGA SAHAM GABUNGAN MENGGUNAKAN METODE ARIMA

2020 ◽  
Vol 2 (2) ◽  
pp. 454
Author(s):  
Julkifli Purnama ◽  
Ahmad Juliana
Keyword(s):  
Capital Market ◽  
Stock Price ◽  
Time Series Data ◽  
Arima Model ◽  
Secondary Data ◽  
Actual Data ◽  
Series Data ◽  
Analysis Technique ◽  
The Right ◽  
The Capital Market

Investment in the capital market every manager needs to analyze to make decisions so that the right target to produce profits in accordance with what is expected. For that, we need a way to predict the decisions that will be taken in the future. The research objective is to find the best model and forecasting of the composite stock price index (CSPI). Data analysis technique The ARIMA Model time series data from historical data is the basis for forecasting. Secondary data is the closing price of the JCI on July 16 2018 to July 16 2019 to see how accurate the forecasting is done on the actual data at that time. The results of the study that the best Arima model is Arima 2.1.2 with an R-squared value of 0.014500, Schwarz criterion 10.83497 and Akaike info criterion of 10.77973. Results of forecasting actual data are 6394,609, dynamic forecast 6387,551 selisish -7,05799, statistics forecas 6400,653 difference of 6,043909. For investors or the public can use the ARIMA method to be able to predict or predict the capital market that will occur in the next period.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

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