scholarly journals Legal Protection for Creditors in Money Loans Agreement Lending with Constitutional Court's Decision No. 69 / PUU-XIII / 2015

2019 ◽  
Vol 12 (3) ◽  
pp. 178
Author(s):  
Daniel Hendrawan ◽  
Christian Andersen ◽  
Theodora Novia Tjasa
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Certainty ◽  
Bad Faith ◽  
The Public ◽  
Legal Development ◽  
The Government ◽  
Legal Consequences

In Indonesia, the Marriage Agreement has long been valid and regulated in the legislation in Law Number 1 of 1974 concerning Marriage. Marriage Agreement regulates marriage property. In Article 29 paragraph (1) Law Number 1 Year 1974 concerning Marriage stipulates that marriage agreements must be made before the marriage takes place, but in 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 concerning changes to Article 29 paragraph (1), paragraph (3), and paragraph (4) of Law Number 1 of 1974 concerning Marriage which states that the Marriage Agreement can be made before, at the time of, and after the marriage takes place. The Constitutional Court ruling raises questions from various parties about how the legal consequences of the Marriage Agreement made after the marriage took place and what legal protection can be given to third parties on the Marriage Agreement which was made after the marriage took place. This study uses a normative juridical research method that is descriptive analytical based on the merging of primary, secondary and tertiary data acquisition. The results of this study indicate that the legal consequences of the Marriage Agreement made after the marriage took place will have legal consequences for the parties themselves, assets, and also for third parties. Legal protection that can be given to creditors is to pay attention to the element of good faith in each loan agreement making so that creditors will be protected by themselves, if one of the parties making the loan agreement has bad faith, the loan agreement will automatically be canceled law because it does not meet the objective requirements. The author's hope for this research is that the government can provide further regulation regarding the Constitutional Court Decision Number 69 / PUU-XIII / 2015 so that the public gets legal certainty in the implementation of the Decision and for the community the writer recommends restraint in carrying out the Decision until the regulation further from the government. Finally, the authors hope that this research can benefit the world of legal development in Indonesia.

scholarly journals Implementation Agreement By Mixed Marriage Based On Act No. 1 of 1974 Concerning Marriage After Constitutional Court Ruling No. 69 / PUU-XIII / 2015 (Study of Notary Role)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 829
Author(s):  
Riyanto Riyanto ◽  
Arief Cholil
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
Court Ruling ◽  
Legal Certainty ◽  
Mixed Marriages ◽  
Legal Implications ◽  
Ownership Rights

Abstract. The bride and groom's candidate before the marriage takes place, can make a "Marriage Agreement" to provide legal certainty related to property and for legal protection against third parties. Primarily for mixed marriages, the bride and groom are subject to two different legal systems according to their nationality. , the agreement made by the Marriage Agreement has been amended by the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 dated October 27, 2016. The positive implication for the intermarriage is that it can have land rights in the form of Ownership Rights (HM) and Right to Build (HGB) without having to divorce first. Then, this research intends to discuss the practice of the Implementation of Mixed Marriage Agreements based on Act No. 1 of 1974 concerning Marriage after the decision of the Constitutional Court Number: 69 / PUU-XIII / 2015. The purpose of this study was to describe the role of the notary in the deed Mating Agreement and its implementation after the decision of the Court in question, and to know the legal implications of the couples in mixed marriages. The method in this research is juridical empirical research methods.Keywords: Mating Agreement; Marriage Commingling; Deed; Decision of the Constitutional Court; Marriage Act.

scholarly journals LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

2021 ◽  
Vol 6 (2) ◽  
pp. 65-77
Author(s):  
Celina Tri Siwi Kristiyanti
Keyword(s):  
Economic Value ◽  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Study Approach ◽  
Credit Agreement ◽  
Wheeled Vehicles ◽  
Legal Consequences

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value.  Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019.  The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

scholarly journals The Strategy to Increase the Regional Revenue (PAD) of the Government of Central Kalimantan through the Governor Regulation No. 16/2018

2019 ◽  
Vol 2 (3) ◽  
pp. 245
Author(s):  
Suprayitno Suprayitno ◽  
Riamona Sadelman Tulis ◽  
Ira Zuraida
Keyword(s):  
Private Sector ◽  
Legal Protection ◽  
Third Parties ◽  
Provincial Government ◽  
Third Party ◽  
Legal Certainty ◽  
Central Kalimantan ◽  
Local Revenue ◽  
The Government ◽  
Positive Results

This article aimed to analyze and identify the strategies of Central Kalimantan Provincial Government as an effort to increase Regional revenue (Pendapatan Asli Daerah - PAD) through third-party grants or donations. One of the efforts made by the Central Kalimantan Provincial Government in increasing regional revenue (PAD) is through the issuance of Governor Regulation No. 16/2018 on Guidelines for the Acceptance and Management of Grants or Donations from Third Parties to the Central Kalimantan Provincial Government. The data showed that the governor’s regulation had shown positive results relating to the efforts to increase the Regional revenue in Central Kalimantan Province. Local Revenue Offices of Central Kalimantan as the leading sector to implement the regulation has made several strategic efforts including sharing/spreading the information to 3 P i.e., investors, monitoring and controlling. The purposes of the governor’s regulation No. 16/2018 to provide legal protection to guarantee the participation of third parties in Central Kalimantan development, provide legal certainty in the management and acceptance of third-party grants or donations, and create an orderly administration, transparency and accountability in acceptance the grants or third-party donations to the government of Central Kalimantan Province. The collaboration cooperation between Central Kalimantan Provincial Government and the private sector to increase Regional revenue (PAD) needs to have support from all parties.

scholarly journals LEGAL PROTECTION OF PHARMACY TAKES A PHARMACY CARE IN THE EVENT OF EMERGENCY

2020 ◽  
Vol 1 (1) ◽  
pp. 55
Author(s):  
Ardiyansyah Ardiyansyah
Keyword(s):  
Emergency Services ◽  
Legal Protection ◽  
Professional Standards ◽  
Professional Service ◽  
Legal Certainty ◽  
The Public ◽  
Care Services ◽  
The Law ◽  
The Government ◽  
Service Standards

The legal protection of pharmacists is very important, because if there is no legal protection in carrying out pharmaceutical practices by a pharmacist it will become an obstacle in the running of pharmaceutical services to the public, especially with the new concept of pharmacy services at home (home pharmacy care). The instrument has not been regulated in the law so that the pharmacist profession is vulnerable to criminalization. The problem in this paper is (a) how is the legal protection of pharmacists in conducting home pharmacy care in the emergency services outside in their authority? How do you prevent the criminalization of pharmacists in conducting home pharmacy care? This study uses an empirical juridical and normative juridical approach. The results showed that the legal protection of pharmacists in carrying out home pharmacy care services in the emergency can carry out services outside their authority. The Indonesian Pharmacist Association (IAI) is obliged to provide protection to members as long as they carry out their duties in accordance with professional standards, professional service standards and operational procedure standards, and prevent the criminalization of pharmacists in practicing Home Pharmacy Care services. Suggestions by the authors in this study is expected the government to immediately issue a new law related to the validity of pharmacist activities in conducting home pharmacy care so that the existence of the law will guarantee legal certainty.

scholarly journals AKIBAT HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 85/PUUXI/ 2013 TENTANG PENGUJIAN ATAS UNDANG-UNDANG NOMOR 7 TAHUN 2004 TENTANG SUMBER DAYA AIR

2018 ◽  
Author(s):  
Ali Marwan Hsb ◽  
Hisar P. Butar Butar
Keyword(s):  
Water Resources ◽  
Government Regulation ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Basis ◽  
Basic Principles ◽  
Resources Management ◽  
The Republic ◽  
The Government ◽  
Legal Consequences

Constitutional Court’s authority under Article 24C section (1) of the 1945 Constitution of the Republic of Indonesia in terms of review the legislation only to review the legislation against the Constitution. However, the decision No. 85/PUU-XI/2013 on Review of Law Number 7 of 2004 on Water Resources, the Constitutional Court declared some of the implementing regulations of these laws do not fulfill the basic principles of water resources management restrictions. So it will be seen how the legal consequences of the Constitutional Court Number 85/PUU-XI/2013 and how to apply the power of the implementing regulations of Law Number 7 of 2004 on Water Resources. Whereas under Article 57 of Law of the Constitutional Court stated that the ruling of the Constitutional Court stated that the substance of sections, articles and/or parts of laws contrary to the constitution. So that the implementing regulations of Law Number 7 of 2004 on Water Resources remains in effect throughout has been no decision or rule that states no longer valid. To avoid government regulation promulgated after the Constitutional Court ruling to overturn legislation that became the legal basis for the government to promulgate regulations, to be made the rule that when the Constitutional Court to investigate and adjudicate a law, then the process of formation of the implementing regulations on enactment legislation being tested is to be suspended until there is a decision of the Constitutional Court.

scholarly journals OPTIMALISASI ASAS KEMANFAATAN HASIL LELANG EKSEKUSI DALAM PERSPEKTIF HUKUM INVESTASI

2021 ◽  
Vol 13 (1) ◽  
pp. 46
Author(s):  
Rusmin Wijaya ◽  
Achmad Jaka Santos Adiwijaya
Keyword(s):  
Research Method ◽  
Swot Analysis ◽  
Legal Protection ◽  
Third Parties ◽  
Good Faith ◽  
Online Auction ◽  
Legal Certainty ◽  
The Public ◽  
Legal Remedies ◽  
Police Report

The auction activity is the sale of goods open to the public with a written and / or verbal price quote that is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. Auction activities can grow the country's economy, this activity can be optimized through investment. The research method used in this research is normative juridical, and the data are analyzed qualitatively using SWOT analysis. The results of this research there are opportunities and challenges where the Mortgage Certificate has an executorial power, the Regulation supports Investors / Buyers to Invest by buying auction assets, the online auction system aims to enable KPKNL to respond quickly, cheaply, efficiently every request of potential buyers / Investors without have to go through a long bureaucracy, buyers in good faith get legal protection. As for obstacles or challenges in optimizing auction results through investment, namely the presence of auction blockage before the auction, interference or intervention from third parties, and the existence of legal remedies in the form of lawsuits, resistance, rebuttal submitted by the Respondent / debtor at the Court for reasons that are too low or Police Report. With regard to investor legal certainty, namely obtaining legal certainty and legal protection for the purchase of auction assets at the KPKNL in accordance with the provisions stipulated in article 14 of Law Number 25 of 2007 concerning Investment.Keywords : Utility Principle; Auction; Invesment Law.

scholarly journals Legal Protection of Go-Jek Driver That Experiences Damages Due To The Fictive Order In Go-Food Menu In Go-Jek Aplication

2019 ◽  
pp. 124-132
Author(s):  
Aditya Hermawan ◽  
Erna Susanti ◽  
Syukri Hidayatullah
Keyword(s):  
Legal Theory ◽  
Legal Protection ◽  
Bad Faith ◽  
Consumer Spending ◽  
The Public ◽  
Application Service ◽  
Partnership Agreement ◽  
Service Manager ◽  
Legal Consequences ◽  
Mutual Agreement

This research is proposed to answer two questions: Firstly, to find out the cause of fictitious orders experienced by Go-Jek drivers in the Go-food menu in Go-Jek app. Secondly, to know the legal protection of Go-Jek drivers who suffered losses due to a fictitious plane in the Go-food menu on the Go-Jek app. And the research is directed to educate the public the importance of Civil law which governs agreement in the life of society. This study uses socio-legal approach with a number of resource persons. The choice of approach to socio-legal does not mean disregarding doctrinal side support on the grounds that one of the aims of this study sees a set of positive norms in relation to Legal protection of Go-Jek drivers, including legal theory support with a view to verifying the implementation of law in practice (protection and responsible). This study concludes that, Transactions using Go-Jek access has so far caused legal consequences among others who is responsible for the losses experienced by drivers, whether the Go-Jek party is responsible for the losses experienced drivers, including what kind of legal protection obtained by the driver when suffering application losses by irresponsible consumers. The factors of the emergence of fictitious orders are the existence of competitions between the Go-Jek driver, Go-Jek verification system is still weak, and the existence of bad faith in someone. Partnership agreement between PT. Go-Jek and Go-Jek’s driver is a standard clause that created and provided without involving the Go-Jek drivers in which there is a clause of transfer of responsibility because of PT. Go-Jek as the Go-Jek application service manager will not be responsible if there is a loss caused by the use of Go-Jek application. The legal relations and responsibilities of the parties should be clearly stipulated in the partnership agreement between PT. Go-Jek Indonesia, and Partners are created based on mutual agreement and agreement between both parties. To minimize the losses experienced by Go-Jek drivers in service delivery for every use of consumer spending service must have a Go-Pay account, which expenditures can not be executed if the balance in the Go-Pay account is insufficient to make an expense transaction.

scholarly journals Perlindungan Hukum Terhadap Konsumen Pembeli Makanan Berbuka Puasa yang Mengandung Bahan Pengawet dan Bahan Pemanis Buatan (Kajian UU No. 8 Tahun 1999)

2020 ◽  
Vol 1 (1) ◽  
pp. 35-46
Author(s):  
Wahid Yaurwarin
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Certainty ◽  
The Public ◽  
Is Research ◽  
Positive Law ◽  
Consumer Rights ◽  
Consumer Safety ◽  
The Government

Abstrak   Law No. 8 of 1999 concerning consumer protection, in Article 1 paragraph 1 explains that consumer protection is any effort that guarantees legal certainty to provide protection to consumers. And one form of protection for consumers, in accordance with Law No. 8 of 1999 this form of Consumer Protection, is the protection of consumer safety in consuming food and drinks containing preservatives and artificial sweeteners. The purpose of this paper is the author wants to inform the public, especially consumers who usually buy food and drinks during the fasting month or friendly month and to break the fast, that there are legal regulations that protect their rights as consumers namely Law Number 8 of 1999. This research uses a normative juridical approach, based on statute (statute aproach), specifically Law Number 8 of 1999 concerning Consumer Protection, which is research focused on examining the application of rules or norms in positive law. The conclusion of this paper is that with the birth of Law No. 8 of 1999 concerning Consumer Protection, it is an attempt by the government to provide protection to consumers based on the existence of a number of consumer rights that need to be protected from actions that might be detrimental to other parties. These rights are fundamental and universal in nature so they need to get guarantees from the State for their fulfillment. Keywords: Legal Protection, Consumer Food Buyer

scholarly journals The accountability of the Criminal Case Relating to the Act made by Act No. 2 of 2014

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 405
Author(s):  
Danar Setyo Wibowo ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Legal Protection ◽  
Criminal Case ◽  
Legal Certainty ◽  
Public Officials ◽  
The Public ◽  
The Government

Notaries are public officials appointed by the government to help the public make the agreements which are or appear in public. The purpose of the presence of a written agreement is to ensure legal certainty of the stakeholders of the agreement. The written agreement made before a notary deed called. Atka could be used as evidence if there is a dispute between the parties to the dispute, with the explanation of the importance of this function in tulisakan act until the regulations of Law No. 2 of 2014Keywords: notary; Responsibility for crime; legal protection

HUKUM DAN TEKLOGI SUATU KAJIAN TEORITIS TERHADAP PENOMENA LAYANAN TRANSFORTASI ONLINE

2017 ◽  
Vol 6 (1) ◽  
pp. 20
Author(s):  
Aria Dimas Harapan
Keyword(s):  
Economic Growth ◽  
Theoretical Study ◽  
Legal Protection ◽  
Creative Economy ◽  
Legal Certainty ◽  
The People ◽  
The Government ◽  
The Times

ABSTRACTThe essence of this study describes the theoretical study of the phenomenon transfortation services online. Advances in technology have changed the habits of the people to use online transfortation In fact despite legal protection in the service based services transfortation technological sophistication has not been formed and it became warm conversation among jurists. This study uses normative juridical research. This study found that the first, the Government must accommodate transfotation online phenomenon in the form of rules that provide legal certainty; second, transfortation online as part of the demands of the times based on technology; third, transfortation online as part of the creative economy for economic growth . 

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