Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.

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Kewajiban Pemberian Jasa Hukum Secara Cuma-Cuma Oleh Notaris Pada Orang Tidak Mampu

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p02 ◽

2020 ◽

Vol 5 (3) ◽

pp. 446

Author(s):

Claudia Verena Maudy Sridana ◽

I Ketut Westra

Keyword(s):

Code Of Ethics ◽

Secondary Data ◽

Primary Data ◽

Public Official ◽

Legal Assistance ◽

Literature Study ◽

Legal Research ◽

The Social ◽

Notary Public ◽

Legal Consequences

As a public official who works as a notary public has the authority to be able to make an authentic deed. As a notary in carrying out his commitment to make an authentic deed, the Notary gets approval to provide his services for free or voluntarily to people who are not capable in the financial field. How can you ask for legal assistance by a notary in the free notary area for people who can't afford it? Problems related to legal notifications to notaries who refuse to provide legal assistance in the field of notary to those who are unable? The purpose of the discussion is to analyze and discuss the request for legal assistance by a notary in the notary sector not providing legal assistance in the notary sector for people who cannot afford. This research uses empirical legal research methods, primary data and secondary data obtained were analyzed qualitatively and arranged systematically, which was collected by literature study and interview techniques. The conclusion of this research is the notary in providing his services without collecting honorariums is not only given to people who can not afford it, but notaries can provide free services to those who want to make a foundation or activities in the social, social and dialogue. The legal consequences of notaries who are reluctant to provide legal assistance to people who are not in accordance with the provisions of the sanctions provided for in Article 37 paragraph (2) of the UUJN are also in accordance with the provisions in the Code of Ethics I.N.I.

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PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

Jurnal Ilmiah Dinamika Hukum ◽

10.35315/dh.v21i2.7222 ◽

2019 ◽

Vol 21 (2) ◽

Author(s):

Zuni Rusviana ◽

Adi Suliantoro

Keyword(s):

Secondary Data ◽

The Internet ◽

Police Station ◽

Digital Community ◽

Qualitative Descriptive ◽

Analytical Research ◽

Legal Consequence ◽

The Right ◽

Internet Development ◽

Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”. The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive. The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

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Pengaturan Mengenai Pendaftaran Pendirian Firma Pada Sistem Administrasi Badan Usaha

Acta Comitas ◽

10.24843/ac.2019.v04.i03.p12 ◽

2019 ◽

Vol 4 (3) ◽

pp. 475

Author(s):

I Made Hengki Permadi

Keyword(s):

Human Rights ◽

District Court ◽

Commercial Law ◽

Conceptual Approach ◽

Government Regulations ◽

Administration System ◽

Military Alliance ◽

Legal Consequence ◽

The Military ◽

Legal Consequences

The process or procedure for establishing a firm is regulated in Article 22 and Article 23 of the Commercial Law Code (hereinafter referred to as KUHD). In this provision, it is stipulated that the firm must be established with an authentic deed and registered with the Registrar of the District Court where the firm was established. The regulations in the KUHD are not in line with the Minister of Law and Human Rights Regulation Number 17 Year 2018 regarding the Registration of the Military Alliance, the Fima Alliance and the Civil Alliance which indicates that the registration of the firm is carried out in the Legal Entity Administration System (hereinafter referred to as SABU). it appears that there is a norm conflict between the two rules. This study aims to determine the arrangements in registering the Firm and the legal consequences of not registering the Firm in the Business Entity Administration System (SABU). This research is a normative legal research. In research using a statutory and conceptual approach. Using primary and secondary legal materials. The results showed that based on the principle of Lex Superiori derogate Legi Inferiori, based on the hierarchy of statutory regulations, the KUHD which is equivalent to the Law is stronger than the Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Komanditer Alliance, Firm Alliance and Civil Alliance whose position is under Government Regulations and Presidential Regulations, because the Acts are higher than Government Regulations and Presidential Regulations. The legal consequence of not registering a firm with SABU is that the name of the firm can be used first by other firms so it must change the name of the firm concerned with another name because in the SABU system there is a registration of the firm's alliance name. If there is a partnership with another firm that registers the name of the firm first, then the name of the same firm cannot be registered again and the firm is deemed invalid. Proses atau tata cara pendirian firma diatur dalam Pasal 22 dan Pasal 23 Kitab Undang-Undang Hukum Dagang (yang selanjutnya disebut KUHD). Dalam ketentuan tersebuti menentukan bahwa firma harus didirikan dengan akta otentik dan didaftarkan pada Kepaniteraan Pengadilan Negeri dimana firma tersebut didirikan. Peraturan dalam KUHD tersebut tidak sejalan dengan Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Fima dan Persekutuan Perdata yang mengisyaratkan bahwa pendaftaran firma dilakukan pada Sistem Administrasi Badan Hukum (yang selanjutnya disebut SABU). terlihat bahwa adanya konflik norma diantara kedua aturan itu. Penelitian ini bertujuan untuk mengetahui pengaturan dalam pendaftaran Firma dan akibat hukum apabila tidak mendaftarkan Firma pada Sistem Administrasi Badan Usaha (SABU). Penelitian ini merupakan penelitian hukum normatif. Dalam penelitian menggunakan pendekatan perundang-undangan dan konseptual. Menggunakan bahan hukum primer dan sekunder. Hasil penelitian menunjukkan bahwa berdasarkan asas Lex Superiori derogate Legi Inferiori maka berdasarkan hirarki peraturan perundang-undangan, KUHD yang setara dengan Undang-Undang lebih kuat dibanding Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 17 Tahun 2018 tentang Pendaftaran Persekutuan Komanditer, Persekutuan Firma dan Persekutuan Perdata yang kedudukannya dibawah Peraturan Pemerintah dan Peraturan Presiden, karena Undang-Undang kedudukannya lebih tinggi dari Peraturan Pemerintah dan Peraturan Presiden. Akibat hukum dari tidak didaftarkannya firma pada SABU, yaitu nama firma dapat dipakai terlebih dahulu oleh firma lainnya sehingga harus mengganti nama firma yang bersangkutan dengan nama yang lain karena di dalam sistem SABU terdapat pendaftaran nama persekutuan firma. Jika ada persekutuan firma lain yang mendaftarkan nama firmanya terlebih dahulu maka nama firma yang sama tidak akan bisa didaftarkan kembali dan firma tersebut dianggap tidak sah pendiriannya.

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SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6535 ◽

2019 ◽

Vol 2 (2) ◽

pp. 314

Author(s):

Andi Pratono ◽

Tjempaka Tjempaka

Keyword(s):

Government Regulation ◽

Code Of Ethics ◽

Public Official ◽

Legal Certainty ◽

Legal Research ◽

Community People ◽

Is Theory ◽

The Law ◽

Legal Consequences ◽

Made In

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.

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TANGGUNG JAWAB HUKUM BADAN USAHA PELABUHAN TERHADAP KLAIM ATAS KELALAIAN PELAYANAN JASA BONGKAR MUAT BARANG KEPADA EKSPEDITUR

JISIP (Jurnal Ilmu Sosial dan Pendidikan) ◽

10.36312/jisip.v4i4.1414 ◽

2020 ◽

Vol 4 (4) ◽

Author(s):

Muhammad Rafiq Abdillah Duyo

Keyword(s):

Qualitative Methods ◽

Research Result ◽

Secondary Data ◽

Primary Data ◽

Legal Research ◽

Library Research ◽

Litigation Process ◽

Legal Consequences

This research is aimed to analyse legal consequences of port enterprise regarding claim over negligence in loading and uploading services to expeditor to investigate how the responsibility is performed by PT. Pelabuhan Indonesia IV regarding the claim over negligence in loading and uploading services to the expeditor and what measures are taken by the port enterprise to settle the dispute. This is an empirical legal research that employed socio-juridical approach. Primary data was obtained by conducting interviews and observation, while the secondary data from library research that relevantly supports the issue observed. All those types of data will be analysed with descriptive and qualitative methods. The research result reveals that the implementation of the responsibility of PT. Pelabuhan Indonesia IV is restricted by law. As implied in Article 468 Paragraph (2), if the port enterprise could provide proof of being not guilty, in which the goods are damaged when shipped or forwarding, this damage is not the responsibility of PT. Pelabuhan Indonesia IV. The claim can be responded through non-litigation process in which negotiation may take place between two involved parties.

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Kewenangan Notaris terhadap Pembuatan Covernote

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.1.2535.421-425 ◽

2020 ◽

Vol 1 (2) ◽

pp. 421-425

Author(s):

I Made Ari Nurjaya ◽

I Nyoman Sumardhika ◽

Ida Ayu Putu Widiati

Keyword(s):

Research Method ◽

Land Ownership ◽

Criminal Code ◽

Legal Research ◽

Conceptual Approach ◽

Legal Consequence ◽

Legal Consequences ◽

Legal Product ◽

Laws And Regulations

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.

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Company Responbility toward Employees Due to Pailit

Budapest International Research and Critics Institute (BIRCI-Journal) Humanities and Social Sciences ◽

10.33258/birci.v4i1.1753 ◽

2021 ◽

Vol 4 (1) ◽

pp. 1272-1278

Author(s):

Masitah Pohan

Keyword(s):

Normative Data ◽

Secondary Data ◽

External Factors ◽

Bankruptcy Law ◽

Doing Business ◽

Secondary Data Source ◽

Legal Consequence ◽

Data Source ◽

Stay Behind ◽

Legal Consequences

Company bankruptcy is a corporate legal phenomenon that is often greatly feared, either by company owners or by its management. Because with company bankruptcy, it means that the company has failed in doing business or at least has failed to pay its debts (debts). The purpose of this research is to identify and analyze the factors of company bankruptcy, the position of employees due to bankruptcy based on Law Number 13 of 2003, due to the legal consequences of bankruptcy against employees based on Law Number 37 of 2004. The research conducted is juridical normative, data sources which is used to support this research is a secondary data source. Factors for the occurrence of company bankruptcy are caused by unpredictable external factors, such as natural disasters. The position of employees due to bankruptcy based on Law Number 13 of 2003 is in Article 95 paragraph (4), clearly and emphasizes that wages and other rights of workers / labor are debts whose payment is prioritized to protect and ensure the survival of their lives and their families. . However, in reality the workers' position is under bankruptcy fees and curator fees, which means that workers must be more patient and stay behind after the bankruptcy of the bankruptcy estate is used to pay taxes, creditors who hold collateral (separatist creditors), bankruptcy fees and curator fees. The legal consequence of the occurrence of bankruptcy for employees based on Law Number 37 Year 2004 is Article 39 paragraph (1) of the Bankruptcy Law.

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PERLINDUNGAN HUKUM TERHADAP PIHAK PEMBELI MENGENAI PEMBUATAN SALINAN AKTA PENGIKATAN JUAL BELI YANG DIBUAT TANPA MINUTA AKTA

Jurnal Hukum Magnum Opus ◽

10.30996/jhmo.v3i2.3377 ◽

2020 ◽

Vol 3 (2) ◽

Author(s):

Riska Amalia Indahsari ◽

Khansa Muafa ◽

Ita Fattumah

Keyword(s):

The State ◽

Research Approach ◽

Legal Services ◽

Public Officials ◽

Legal Research ◽

Conceptual Approach ◽

Criminal Sanctions ◽

Legal Consequence ◽

Legal Consequences

AbstractNotaries are public officials appointed by the State to carry out the duties of the State in legal services such as making authentic deeds. In carrying out its duties and responsibilities making authentic notarial deeds sometimes make mistakes that affect civil, administrative and criminal sanctions. If seen in Article 16 paragraph (1) letter b of the UUJN that minuta deed must be made and kept as part of the Notary protocol. The purpose of this research is to analyze the importance of a notary to make a certificate of minutes in making a copy of the deed. What is the juridical effect on the deed of minutes not owned by a Notary in making a copy of the deed, then what is the legal consequence for the Notary who did not make the deed of minutes in making a copy of the deed. This legal research is a normative legal research approach that is carried out is the statutory approach and conceptual approach. The legal consequences for the minutes of the deed not possessed by the Notary in making a copy of the deed will cause the deed to be null and void by law because it violates the formal aspects in making the deed and the Notary does not carry out any of the obligations contained in Article 16 paragraph (1) letter b of the UUJN. The legal consequences for the Notary will be given a sanction as a responsibility, namely civil, administrative and criminal sanctions.Keywords: notary obligation, minuta deed, copy deedAbstrakNotaris merupakan pejabat umum yang diangkat oleh Negara untuk melakukan tugas-tugas Negara dalam pelayanan hukum seperti membuat akta otentik. Dalam menjalankan tugas dan tanggung jawabnya membuat akta otentik notaris terkadang melakukan kesalahan yang berdampak kepada sanksi perdata, aministratif dan pidana. Jika dilihat dalam Pasal 16 ayat (1) huruf b UUJN bahwa minuta akta wajib dibuat dan disimpan sebagai bagian dari protokol Notaris. Tujuan dari penilitian ini adalah untuk menganalisis pentingnya notaris untuk membuat minuta akta dalam pembuatan salinan aktanya. Bagaimana akibat yuridis terhadap minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya, kemudian apa akibat hukum untuk Notaris yang tidak membuat minuta akta dalam pembuatan salinan aktanya. Penelitian hukum ini merupakan penelitian hukum normatif pendekatan yang dilakukan adalah pendekatan perundang-undangan dan pendekatan konseptual. Akibat hukum untuk minuta akta yang tidak dimiliki Notaris dalam pembuatan salinan aktanya akan menyebabkan akta tersebut batal demi hukum sebab melanggar aspek formil dalam pembuatan akta dan Notaris tidak melaksanakan salah satu kewajibannya yang ada di dalam Pasal 16 ayat (1) huruf b UUJN. Akibat hukum bagi Notaris nantinya akan diberikan sanksi sebagai pertanggungjawabannya yaitu sanksi perdata, administratif dan pidana.Kata kunci: kewajiban notaris, minuta akta, salinan akta

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PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

JURNAL AKTA YUDISIA ◽

10.35334/ay.v2i1.975 ◽

2019 ◽

Vol 2 (1) ◽

Author(s):

Basri Basri

Keyword(s):

Legal Protection ◽

Secondary Data ◽

The State ◽

Data Sources ◽

Legal Research ◽

Legal Principles ◽

Religious Law ◽

Secondary Data Sources ◽

The Law ◽

Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

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Hak Waris Bagi Ahli Waris yang Tidak Dapat Ditentukan Keberadaannya Menurut Kitab Undang-Undang Hukum Perdata

Jurnal Preferensi Hukum ◽

10.22225/jph.1.2.2370.11-15 ◽

2020 ◽

Vol 1 (2) ◽

pp. 11-15

Author(s):

Anak Agung Krisna Kumala Dewi ◽

I Nyoman Putu Budiartha ◽

Diah Gayatri Sudibya

Keyword(s):

Research Method ◽

Civil Code ◽

Legal Research ◽

Conceptual Approach ◽

Missing Persons ◽

Legal Consequence ◽

Legal Consequences

The heirs whose whereabouts cannot be determined are the heirs who have lost the news, so it is not known whether he is alive or dead. These are usually called missing persons. However, in fact, a lot of heirs ignore the inheritance rights of an heir whose existence cannot be determined. Based on this background, this research was conducted with the aim of elaborating the arrangement of inheritance rights for heirs whose existence cannot be determined and the legal consequences for heirs whose existence is known after the inheritance is divided. This study used a normative legal research method with a statutory and conceptual approach. The results of this study showed that the existence of inheritance rights for heirs that cannot be determined is regulated in Article 463 of the Civil Code. The inheritance rights of heirs whose existence cannot be determined remain attached to it in accordance with the provisions of Article 467 of the Civil Code. However, as long as the whereabouts of the heir are not known, the position will be replaced by the successor heirs. Furthermore, as a legal consequence after an heir is known to exist, the replacement heir is obliged to return all the inherited assets received under the provisions of Article 482 paragraph (1) of the Civil Code.

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