JURNAL MEDIA HUKUM DAN PERADILAN
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Published By STIE Mahardika

2654-8178, 2442-7829

2019 ◽  
Vol 5 (2) ◽  
pp. 147-160
Author(s):  
Sigit Priyambodo

The purpose of this study is to analyze the determination and calculation of bank interest in conflict with applicable laws and regulations and analyze the legal protection of debtors as credit recipients in a credit agreement. Data collection techniques in the form of document studies, namely conducting research on documents relating to the problem to be examined in order to obtain a theoretical foundation and information in the form of formal provisions. The materials obtained were analyzed using qualitative normative methods. The results showed that the calculation of Prime Lending Rate was contrary to article 1767 paragraph 3 of KUHP. State Gazette number 22 of 1848 so that it does not provide legal certainty to people who want to receive credit from banks to develop their businesses. The form of legal protection to debtors against credit based on article 1323 of the Civil Code The agreement made between the bank as the lender and the customer as the recipient of the credit is null and void by law and based on article 1166 provides legal protection as the owner of the object. It is expected that when reading the clause regarding the determination of bank interest by banks, it should be observed first the laws and regulations concerning the determination of credit.


2019 ◽  
Vol 5 (2) ◽  
pp. 193-213 ◽  
Author(s):  
Musa Lasakar

Article 23 of the KUHDagang states that registration is submitted through the registration of a district court at the location of the company. In Permenkumham No. 17 of 2018 in Article 3 Paragraph (2) states that registration is submitted through the Business Entity Administration System (SABU). The problem of existence and strength binding legislation is regulated in Article 8 paragraph (1) of Law No. 12/2011, including Ministerial Regulation, does not only regulate the existence of laws and regulations based on delegation. This research using juridical method, and problem approach is Statute Approach and Conceptual Approach. The first conclusion was drawn, with the enactment of Permenkumham No. 17 of 2018 this makes CV registration easier and more regular and also this makes it easier for investors to get information about CVs that have been registered in the SABU and secondly, Problems of establishing a CV from Permenkumham No. 17 of 2018 this is the first, the establishment of a CV must order the name first before finally registering the CV in SABU. Secondly, the CV registration place is changed to the SABU. Third, the establishment of CV is required to use authentic deeds


2019 ◽  
Vol 5 (2) ◽  
pp. 249-267
Author(s):  
Syifa Usdurah

Work agreemen between football clubs with a soccer player axisting in reality irregularities in the football world. Salary arrears problem is always the case and subject to clauses regarding whwther or not the soccer player of the Employment Act, to guaratee legal certainty for soccer players is less favorable for soccer players. Giving rise to disputes between the parties with football club soccerplayer who needs the remedies in accordance with applicable laws.


2019 ◽  
Vol 5 (2) ◽  
pp. 214-222
Author(s):  
Rr. Dwini Imananda Noegroho

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


2019 ◽  
Vol 5 (2) ◽  
pp. 161-174
Author(s):  
Kadek Setyawan Danarta

In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the marriage assets. In this article research uses a normative juridical method with an empirical juridical approach to refer to Law No. 1 of 1974 concerning Marriage. The results of the study basically if there is a marriage there will be a mixture of wealth between husband and wife, if the marriage is not accompanied by a marriage agreement, between the two parties there will be a round of wealth. (1) The legal status of marital property in a household if it is made a mortgage or legal property of marriage in jurisprudence has been accepted by the principle of transitory law. (2) Then the implementation of the installation of mortgages to marital assets must always be approved by both parties both husband and wife. While the granting of mortgages is preceded by a promise to provide mortgages as collateral for repayment of certain debt, which is stated in and is an integral part of the debt agreement.


2019 ◽  
Vol 5 (2) ◽  
pp. 175-194
Author(s):  
Muhammad Yusuf

Main research material for Liability of Creditors and Upper Auction Officers Determination of Auction Limit Prices Under Depreciation Value, with the formulation of the problem What is the legal effect of auctioning objects whose auction limit is below the dependency and whether creditors and auction officials are accountable for auction limit pricing below the value of dependents. The conclusions are as follows: The act of creditor in determining the price of the auction limit below the value of the liability has fulfilled the whole element of article 1365 of the Civil Code so The legal consequence of auction object sales is that the auction price is below the value of the hold and if the object of the right of sale is sold under the value of the mortgage, the auction can be requested by the court. The creditor is liable for the price of the auction limit below the value of the creditor because the creditor as the seller does have the right to set the auction limit price but still must pay attention to the appropriateness of the specified auction limit price and the Auction Officer is not liable for the auction limit price below the hold value because the Auction Guidelines state that the auction limit price is not the responsibility of the KPKNL or the Class II Auction Officer


2019 ◽  
Vol 5 (2) ◽  
pp. 223-229
Author(s):  
Diah Ayu Saraswita

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


2019 ◽  
Vol 5 (2) ◽  
pp. 230-235
Author(s):  
Zahra Zathira

The main material of the research is Completion Of The Double Certificate Case By The National Land Agency with the following problem formulation: 1. How did the emergence of a double certificate which constitutes legal evidence of land ownership?2. How is the resolution carried out by the authorities in resolving the issue of dual certificates? From the results of the study concluded the following conclusions: 1. The cause of the double certificate could be due to the element of intent, accidental and due to administrative errors. The emergence of a double certificate is also caused by the lack of discipline and order of government officials related to the land sector in carrying out their duties. 2. The National Land Agency is not a state institution in the field of judiciary, but nevertheless the National Land Agency has the authority to resolve any land issues including the issue of dual certificates. This authority is only limited to administrative authority, namely the cancellation or revocation of a certificate issued by the National Land Agency itself. The National Land Agency always strives for solutions to resolve land disputes based on the prevailing laws and regulations with due regard for a sense of justice and respect for the rights and obligations of each party. is deliberation. The steps for resolving disputes that they or the National Land Agency take in a dual certificate dispute are negotiation, mediation and facilitation.


2019 ◽  
Vol 5 (1) ◽  
pp. 50-61
Author(s):  
G Victor William

Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always made in written form. Personal guarantee agreement can be made in the form of under the hand deed or notarial deed. In banking practices, the agreement is made in the form of a standard contract that has been provided by the bank as the creditor. The party that signs this deed is the debtor and the guarantor, hereinafter the deed kept by the bank.


2019 ◽  
Vol 5 (1) ◽  
pp. 101-117
Author(s):  
Ghazi Leomuwafiq

Notary Services as a part of the service to the community, should walk parallel to the development of society in the present and future. One of notary services conducted in his position as PPAT is Payment service for land and building Rights (BPHTB) in terms of buying and selling of land rights. BPHTB payment is one of the conditions for the registration of land rights transitional in the provisions of Article 103 of the regulation of the Minister of Agrarian state/head of National Land Agency number 3 year 1997.  Due to the existence of the BPHTB payment obligation resulted in the time period between the purchase and sale agreement carried out in front of the notary, with the implementation of the sale/turnover of land rights carried out in front of the authorized PPAT has a distance For a relatively long period of time, and usually buyers who conduct buy and sell rights to the land have handed over a certain amount of money for the cost of BPHTB by giving it to the notary public that makes the transitional deed. On the one hand, due to the relatively long period between the trade and Sale Alliance carried out before the notary with the sale and purchase carried out in the presence of the authorized PPAT, while the cost of BPHTB is deposited by the client to the notary public as the official The makers of Land deed (PPAT), allowing the opportunity of misappropriation by means of unpaying or embezzlement of BPHTB funds deposited


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