scholarly journals Aircraft Mortgage in Indonesia: Alternative Object of Material Guarantee as a Debt Settlement

2019 ◽  
Vol 8 (2S9) ◽  
pp. 601-607
Keyword(s):  
Civil Code ◽  
Law And Society ◽  
Legal Certainty ◽  
Normative Study ◽  
Immovable Object ◽  
Legal Uncertainty ◽  
The Law ◽  
Mortgage Law

In the development of material law in Indonesia, it is known both registered objects and unregistered objects that by analogy, registered objects are categorized as immovable objects. In Indonesia, aircraft are being classified as a registered object that can be guaranteed in the form of the mortgage as a debt settlement. Along with the development of law and society, the mortgage regulations are only mentioned briefly in the Indonesian Law of Fiduciary and the Law of Notary Position which state that an aircraft can be guaranteed in the form of a mortgage. However, until recently, any particular regulations regarding aircraft mortgage in Indonesia are not yet available. This research is a normative study that uses historical, statute, and comparison approaches. The problems examined in this study: firstly, how the mortgage as a material guarantee institution in Indonesia is being regulated. Secondly, does the mortgage institution have the potential as an alternative object of material guarantee for aircraft? The result of the study shows that the regulations on aircraft mortgage in Indonesia still refer to the ones in the Indonesian Civil Code. Meanwhile, the institution that has the potential as an alternative object of material guarantee for aircraft is in the form of mortgage because an airplane is a registered object which is analogous to an immovable object. It can be concluded, therefore, that there is a weakness in aircraft mortgage stipulation in Indonesia which may create legal uncertainty and weaken the position of the creditor. Therefore, along with the development of the community and the existence of legal certainty, it is necessary to make an aircraft mortgage law immediately.

scholarly journals Bentuk Surat Kuasa Membebankan Hak Tanggungan Setelah Dikeluarkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012 Tentang Ketentuan Pelaksana Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Putu Selvyana Putri Pratamikha
Keyword(s):  
Legal Theory ◽  
Civil Code ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Legal Effect ◽  
Special Power ◽  
Legal Uncertainty ◽  
The Law ◽  
Made In

The Power of Attorney of the Encumbrance Rights (SKMHT) is a special power of attorney which includes the power to impose the provision of encumbrance by the encumbrance grantor to the recipient of the encumbrance or other person authorized to it. The Power of Attorney of the Encumbrance Rights (SKMHT) must be made in two forms namely the notarial deed or the deed of the land deed official (PPAT) as stipulated by the provisions of Article 15 paragraph (1) of the Law Number 4 of 1996 on the Encumbrance Rights of the Land Along with Bodies Relating to Land. The enactment of the National Land Agency Regulation Number 8 of 2012 requires that the SKMHT shall be made ??in accordance with the format of the attachment of the Regulation. . While the SKMHT in the form of notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT). This results in the different arrangements resulting in the lack of uniformity of the SKMHT forms made ??by a notary or the land deed official (PPAT) which giving rise to the legal uncertainty of the form of the SKMHT and the legal effect of the SKMHT made in the form of a notarial deed. The study is a normative legal research, intended to examine the differences in the SKMHT arrangement between the provisions of Article 15 paragraph (1) of The Encumbrance Rights (UUHT) with the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012. The study uses the statutory approach that is supported by the literature, legal theory, the opinions of the scholars, as well as the legal dictionaries, as its legal materials. The findings of the study show that the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 does not abolish the SKMHT  in the form of a notarial deed as provided in Article 15 paragraph (1) of The Encumbrance Rights (UUHT). the SKMHT in the form of a notarial deed shall be made ??in accordance with the provisions of Article 1868 of the Civil Code, the Article 38 of the Revised Law on the Position of the Land Deed Official (UUJNP), and the Article 15 of the Law on The Encumbrance Rights (UUHT), while the SKMHT in the form of the land deed official (PPAT) shall be made in accordance with the provisions of the Regulation of the Head of National Land Agency (Perkaban) Number 8 of 2012 along with its attachments. It is expected that the firm provisions which regulate the SKMHT in the forms of the notarial deed should be enacted in order to create its legal certainty.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia

2016 ◽  
Vol 1 (2) ◽  
pp. 250
Author(s):  
Nadia Astriani
Keyword(s):  
Surface Water ◽  
Water Resources ◽  
Water Resources Management ◽  
Local Governments ◽  
Management Policy ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Normative Study ◽  
Resources Management ◽  
The Law

This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoples’ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.

Zawezwanie do próby ugodowej. Brak skutku przedawnienia terminu przedawnienia

2017 ◽  
Vol 70 (0) ◽  
pp. 39-48
Author(s):  
Jerzy Akińcza
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Practical Application ◽  
Judicial Practice ◽  
Legal Uncertainty ◽  
The Law

An important problem of practical application of the law is invalid perpetuated judicial practice. It connects call for mediation with art. 184 of the Civil Code, with the effects of limitations of art. 123 § 1 of the Civil Code. Summoning to a conciliation hearing isn’t directly aimed at the fulfillment of the provision, therefore cannot be identified with legal transactions, to be determined content of 123 § 1 of the Civil Code. Practice currently carried out in the case law leads to a prolonged state of legal uncertainty, actual creditor victimization and denying institutions of antiquity.

scholarly journals Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia

2016 ◽  
Vol 1 (2) ◽  
pp. 250
Author(s):  
Nadia Astriani
Keyword(s):  
Surface Water ◽  
Water Resources ◽  
Water Resources Management ◽  
Local Governments ◽  
Management Policy ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Normative Study ◽  
Resources Management ◽  
The Law

This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoples’ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals Law Enforcement in Indonesia in Perspective of Transcendental Legal Justice Paradigm

2020 ◽  
Vol 2 (2) ◽  
pp. 100-114
Author(s):  
Siti Kasiyati
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Certainty ◽  
Normative Study ◽  
Human Welfare ◽  
The Public ◽  
Literary Research ◽  
Substantive Justice ◽  
The Law

Law enforcement in Indonesia still leaves various problems, especially regarding the sense of justice. Such as diffable cases dealing with the law, civil cases, especially in the land sector, which relies on property rights certificates, cases of domestic violence (nusyuz).In this case, this study discusses how law enforcement in Indonesia is, and how law enforcement is in the perspective of the transcendental justice paradigm. This research is a literary research using secondary data sources, namely primary and secondary legal materials. This study includes a normative study with a synthetic analytic approach.Based on the results of the analysis, law enforcement in Indonesia, both criminal and civil, is still fixated on legal certainty, thus ignoring substantive justice. This is where a shift is needed from the paradigm of law enforcement based on legal certainty to transcendent justice. This condition can be seen from several decisions that are very formalistic and based on laws, where legal certainty is the front line compared to substantive justice so that justice is not felt by the public. This condition is also strongly influenced by the legal paradigm adopted in Indonesia, namely positivist law or known as the systemic legal paradigm. Transcendental starts from irrational and metaphysical thinking such as emotions, feelings, instincts, moral spirituality and as part of building science. In this context, law enforcement. The perspective of the transcendental legal justice paradigm highlights how the purpose of Islamic law is useful for justice and human welfare. Where the law is based on ethics (morals) so that it can produce substantive justice, not mere formalistic justice, which summarizes the human attitude to be fair to God as the creator, fair to fellow humans and fair to the universe.

scholarly journals Legal Relations and Responsibilities between Grantor and Grantee of Director’s Attorney in the Implementation of Procurement of Government Goods and/ or Services (Study of the Decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR)

2019 ◽  
Vol 6 (3) ◽  
pp. 13
Author(s):  
Dewi Agustina ◽  
Zainal Asikin ◽  
Kurniawan Kurniawan
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
District Court ◽  
Normative Study ◽  
Legal Requirements ◽  
Research Results ◽  
The Law

This study aims to determine the legal relations between grantor and grantees of director’s attorney in the procurement of goods/ services based on the decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR. This study is a normative study that uses legislative, case, and conceptual approaches and uses primary and secondary legal materials. The research results lead to one conclusion. If it is associated with Article 1338 and 1320 of the Civil Code, legal relations between grantor and grantee of director’s attorney are created when they have agreed to enter into an agreement. However, the agreement they made is not necessarily considered valid because the agreement of the director's attorney made by the two defendants including the nominee agreement in the procurement of government goods/ services is a matter which is not allowed to be carried out by business actors as the provider; moreover, it can be considered as an attempt to smuggle the law because it is considered not to fulfill one of the legal requirements of the agreement namely the existence of a cause or causal that is lawful and considered to be contrary to the principle of good faith in the agreement. Thus, the agreement of the director’s attorney made by the two defendants is null and void.

scholarly journals ABOUT GAPS IN MORTGAGE LEGAL RELATIONS IN IMPLEMENTATION OF MORTGAGE SUBJECT

2020 ◽  
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Certainty ◽  
Long Time ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Subjective Rights ◽  
Mortgage Law ◽  
Legal Consequences

The purpose of this article is to identify loopholes in the mortgage law of Ukraine, in particular if the creditor has not properly exercised his or her right to a final court decision to satisfy his / her claims at the expense of the mortgage subject, resulting in violations of subjective rights of the mortgagee. It is noted that in practice, when applying the Law of Ukraine "On Mortgage" of 05.06.2003 № 898-IV outside the sphere of legal regulation of this law there is a question of legal consequences in case the creditor did not use within a certain time his right on the basis of a court decision on satisfaction his claims on the subject of the mortgage, including termination of the mortgage on these grounds. It is noted that the issue is unsettled: whether the debtor has the right to demand termination of the mortgage agreement, if the lender has chosen a way to satisfy his claims precisely by applying the foreclosure for the mortgage through his public auction, which was decided by the court, does not take any action on enforcement of this judgment. It is emphasized that the issue of the possibility of termination of a mortgage obligation as a result of abuse by the creditor of the right to enforce the obligation is important, in particular when the value of the property transferred to the mortgage exceeds considerably the amount of credit debt of the debtor and the mortgagee (the owner of the property) with encumbered property, unable to dispose of it, waiting for a long time to properly execute the court decision. The authors believe that, because of the improper execution of the court decision and the terms of the mortgage agreement, the mortgagee should also bear the burden of liability and certain losses in this case as well. Therefore, to protect the subjective rights of both the mortgagee and the mortgagee, the authors propose to overcome the gap in the Law of Ukraine "On Mortgage" by amending Art. 17. after the second part of the new part reads as follows: "if the mortgagee has not taken any measures to realize the subject of the mortgage for the execution of the judgment". That is, through the introduction of appropriate amendments to the legislation provides legal certainty in the mortgage relationship.

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