DEDIKASI JURNAL MAHASISWA
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HAK DAN KEWAJIBAN DALAM PERJANJIAN SEWA BELI SEBAGAI PERJANJIAN INNOMINAAT YANG TIDAK SEIMBANG DI TINJAU MENURUT PASAL 1338 Jo PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA
No full textABSTRAKPerjanjian Sewa beli merupakan hukum kontrak innominaat adalah berbagai kontrak yang muncul dan berkembang dalam masyarakat , seperti kontrak Sewa Beli , kontrak production sharing, join venture , kontrak karya , leasing , franchise, kontrak kontruksi , kontrak rahim dan lain-lain . Hukum kontrak innominaat bersifat khusus, sedangkan hukum kontrak atau hukum perdata merupakan hukum yang bersifat umum . Artinya bahwa kontrak-kontrak innominaat berlaku terhadap peraturan yang bersifat khusus , sebagaimana yang tercantum dalam berbagai peraturan perundang – perundang yang mengaturnya. Apabila dalam undang – undang khusus tidak teratur maka kita mengacu pada peraturan yang bersifat umum, sebagaimana yang tercantum dalam Buku III KUH Perdata. Adapun pengaturan Sewa Beli sebagai Hukum Kontrak Innominnat diatur di dalam Buku III KUH Perdata, hanya ada satu pasal yang mengatur tentang kontrak Innominaat, yaitu pasal 1319 KUH Perdata. Jadi Sewa Beli sebagai perjanjian Innominaat bila ditinjau menurut pasal 1319 KUH Perdata adalah sebagai perjanjian yang berada di luar Kitab Undang –undang Hukum Perdata, jadi perjanjian tersebut tunduk pada sebuah aturan umum yang terdapat pada buku III Kitab Undang – undang Hukum Perdata, dalam arti boleh saja asal tidak bertentangan dengan Undang-undang, ketertiban umum, kepatutan dan kesusilaan. Berdasarkan hasil penelitian di Kota Samarinda dan beberapa kota besar di Indonesia atas perjanjian Sewa Beli ternyata bahwa semua perjanjian yang menjadi obyek penelitian mencantumkan Klausul tentang jatuh tempo, Klausul ini sehubungan dengan ketidakmampuan pembeli untuk melaksanakan pembayaran angsuran tepat pada waktunya sebagaimana diperjanjikan. Dengan tidak memperhatikan sebab musabab keterlambatan tersebut penjual dengan seketika dapat menyatakan membatalkan perjanjian dan berhak menarik kembali barang yang menjadi obyek perjanjian. Klausul atau syarat menggugurkan ini dianggap merupakan syarat yang tidak seimbang dan keberadaannya hanya menguntungkan penjual dan tidak pada pembeli
PERSPEKTIF HUKUM DALAM PENGAWASAN PENGELOLAAN KEUANGAN DAERAH
Get PDFPhenomena occurring in the area are very interesting; given the current state of affairs of the organization of the era is the era of decentralization of government affairs conducted by the local government. Shift in government policy is characterized by the localization policy strengthening the decentralization process that spawned regional autonomy. Good supervision in the planning stages of the budget, to be followed by good supervision in the area of financial management steps next stages of implementation and utilization of APBD. In every stage of regional financial management, strategic aspects of the monitoring in implementing are the principles of the net. Corruption in the use of the budget cannot be separated from the process of planning budgeting which is simply the process of preparing the RAPBD, often irregularities in the planning process marred practices are not good, among others, the project deposit, money politics so that the implementation of the APBD will also loaded with various irregularities
URGENSI ITIKAD BAIK DALAM PERJANJIAN PINJAMAN UANG KREDIT TERKAIT DENGAN PASAL 1338 AYAT ( 3) KUH PERDATA DIKOPERASI PERIKANAN “SUMBER TANI NELAYAN”, SAMARINDA SEBERANG
No full textAbstrackAgreement borrowing money should be conducted in good faith . Good faith is very closely related to the execution of agreement borrowing money . At the start time of executing the agreement timbullan assortment of issues that need to be done , because this is very important in good faith in carrying out the agreement . Implementation of the agreement is also dependent on the honesty of a person to comply with the agreement . If the agreement is done in bad faith ( bad faith ) such agreement has been violated norms of good faith determines that the agreement must be executed in good faith .In the implementation of the agreement in good faith to be run in human hearts one must remember , that the man was a member of the community should be away from the deceptive nature of the other party . Sanagt good faith in the execution of the agreement is important because in good faith then someone will believe the lain.Para the parties to the agreement should avoid the implementation of the agreement in bad faith . If this happens then the aggrieved may submit a claim to court . As state law , every citizen gained an equal footing in the law so that every citizen thus protected by hukum.Dengan occur close relationship between the doctrine of good faith in the execution of the agreement and the theory of confidence at the time of the agreement . Good faith ( Article 1338 , paragraph 3 ) and propriety ( section 1339 ) is generally mentioned in the same breath , if the judge after examining the appropriateness of an agreement can not be implemented then it means that the agreement was contrary to public order and decency
TINJAUAN YURIDIS TERHADAP PERJANJIAN ANJAK PIUTANG PADA LEMBAGA PEMBIAYAAN BANK DI SAMARINDA
No full textABSTRACTImpractical provisions of article 613 of the Civil Code regarding notification megakibatkan particular client does not want to require notification to the debtor. The client only requires that the factor will purchase receivables or the bills without any obligation to require notification to the debtor. Accounts receivable financing facility and factoring agreement, so memungkingkan mestipun client to transfer receivables from debtors without notification. However, not all clients can mengalih receivables / bills-bills without notification of the debtor, but only tertentulah clients who can use the facility accounts receivable financing and factoring agreement based on considerations about the client's personal factors.While the legal consequences of the factoring agreement is not complied with the provisions of Article 613 KUPerdata are as follows: Failure to use the provisions of Article 613 of the Civil Code, especially regarding notification factoring agreement resulted in the debtor is not bound to the factoring agreement made by the lien dank factor. This is in accordance with the provisions of article 1340 of the Civil Code which states: The agreements apply only to those who make it. The agreements were tidadak can bring loss on third parties, no third parties can benefit, therefore, in others in the case provided for in Article 1317 of the Civil Code; Not used the provisions of article 613 of the Civil Code in the factoring agreement gives a very high risk to the factor, both in terms of legal and commercial terms. Olehkarena to protect himself from the things that may be harmful, then factor always ask for a guarantee from the client. With the guarantee of the factoring activity, it can be seen that the activity of pure factoring company, but has led to the activities of banking institutions. Therefore, factoring companies are no longer able to dikatakanh as an alternative financial institution after the bank, but it is a major competitor of banking institutions; Failure to use the provisions of article 613 of the Civil Code in particular regarding notification factoring agreement is not a factoring agreement as provided for in Presidential Decree No. 16 In 1989 Jo Minister of Finance Decree 1251 / KMK.013 / 1989 but only as a loan agreement to borrow money with the guarantees given by the client. Therefore an agreement to borrow money using the name of the factoring is null and void
PELAKSANAAN EKSEPSI SEBAGAI BENTUK PEMBELAAN DALAM PERKARA PIDANA TERHADAP DAKWAAN YANG BERTENTANGAN DENGAN PASAL 143 AYAT (2) HURUF b DIPENGADILAN NEGERI SAMARINDA
No full textABSTRACTWith the legal protection of literary, Makaterlindung also special rights which are owned by the creator of a work, especially writing. Besides, the protection to prevent piracy, and counterfeiting paper. In order to prevent copyright violations especially chapter 15 UUHC No.. 19, 2002 which is a form of law that is the basis for the establishment of business a copy of the scientific work, it is necessary to take preventive measures
BENTUK PERLINDUNGAN HUKUM TERHADAP PARA PIHAK DALAM PENERBITAN KARTU KREDIT DAN MASALAH YANG TIMBUL
No full textABSTRACTIrregularities in the use of credit cards that can be distinguished based on their behavior, namely: Irregularities committed by the holder of the credit card. The efforts irregularities committed by the bank to address a variety of irregularities committed by the credit card holder or employers, such as: To overcome the use of credit cards that exceed the credit limit with a transaction conducted under the floor limit, the issuer (bank) for the first time will give a warning to credit card holders not to use credit cards that exceed the credit limit, even though the cardholders have sufficient funds. If the violation of the credit limit is still being done despite warnings were given three times, then the issuer (the bank) can cancel the card and put it into the black list and credit card holders are obliged to pay off all the outstanding obligations; To cope with the credit card holders often late in paying bills account, the issuer (the bank) will alert the cardholder credit. With provide penalties for late paying accounts; Actions or steps taken by the bank to cope with the entrepreneur's action of granting a higher price on the credit card holder is: Bank for the first time will give a warning to employers to refrain from actions that violate them.If the transaction is still breaking acts committed by employers, then the issuer (the bank) will further sanction. Recent efforts made by the issuer (the bank) is the cancellation / termination of the agreement. Actions or steps taken by the bank to address the actions the employer conducts doubling sales draft or fictitious transaction are: Bank will give a warning to businessmen and accompanied by sanctions that will refuse payment if the bill transaction fictitious transactions that have not been paid by the issuer. If the bill is fictitious transactions had already been settled by the issuer and the bills are included in the credit card holder's name and his credit card number used in the fictitious transactions, the issuer (the bank) will cut / charge back bill that has been paid by the issuer.Form of legal protection for employers in the event of delays are outside sales draft mistakes entrepreneurs. Legal protection for employers in connection with the above, the employer can state that the issuer in default for not paying a bill on legal transactions, in which employers, in the transaction have done his duty properly. Under these circumstances, the employer is entitled to claim compensation for losses resulting from liquefaction rejection sales draft. This is in accordance with the provisions of Article 1239 of the Civil Code. Keywords: Legal Protection, Credit Card Issuance, the problems posed
PERAN KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA DALAM MENGIMPLEMENTASIKAN UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM
Get PDF The State guarantees the right of every person constitutional for recognition, security, protection and fair legal certainty and equal treatment before the law as a means of protection of human rights. Provision of legal aid to the poor as the realization of access to justice is the responsibility of the state.Ideally someone who is able (the have) that have a legal problem and someone who are poor (the have not) who also have a legal problem, all have defense of the right to request a public defender or as workers in legal aid for defend their interests in a lawsuit.This condition must be met in order in order to realize the principle of equality before the law and equal access to justice and behavior (acces to justice). In fact, a number of humanitarian cases invite the attention of the public, which shows the lack of access of the poor to obtain legal aid. This study aims to describe the implementation model of legal aid for the poor in the field, which is implemented by the Ministry of Justice and Human Rights of the Republic of Indonesia.This research uses quantitative research, where the primary data from informants from the ministry of law and human rights, legal aid and academics from university. While secondary data from literature from books, scientific manuscripts, research reports, and documents related to the research topic.
PELAKSANAAN HAK ISTERI DAN ANAK ATAS GAJI PEGAWAI NEGERI SIPIL AKIBAT PERCERAIAN
No full textABSTRACTTechnical implementation rather than the rights of the ex- wife of her husband's former salary , salary division when the divorce was due to the will of the male civil servants salary divided as follows Legal consequences of divorce are as follows : At the level ba'in talaq , divorce is talaq which has entered level three where the couple is forbidden to reconcile his ex-wife before marrying another person prior to that person later divorced ; Divorce for li ' s, then the marriage can no longer be done for ever ; Treasure joint wealth is shared between husband and wife while the cost of maintenance and education is the responsibility of the father . More entitled to maintain his children are his mother , for the mother was married to someone else
TINJAUAN YURIDIS TENTANG FAKTOR-FAKTOR PENYEBAB PERBUATAN PIDANA PENGANIAYAAN DENGAN DIRENCANAKAN DAN PIDANA YANG DI JATUHKAN TERHADAP SUBYEK HUKUM PELAKU
No full textABSTRACTcausative factor or the background for a person committed the crime of persecution, there are 2 (two) kinds, namely: Internal factors, are factors that influence the establishment to commit a crime; external factors, there are factors beyond oneself that influence the establishment to commit a crime.Efforts to control criminal acts of persecution carried out in two ways, namely: prevention, preventive efforts; is performed before the crime prevention was occurred by way of preventing crime that did not happen. Prevention efforts are repressive; This reduction in the form of legal action against the perpetrators of the crime, committed or executed after the crime took place
PELAKSANAAN HAK ISTERI DAN ANAK ATAS GAJI PEGAWAI NEGERI SIPIL AKIBAT PERCERAIAN
No full textABSTRACTTechnical implementation rather than the rights of the ex- wife of her husband's former salary , salary division when the divorce was due to the will of the male civil servants salary divided as follows Legal consequences of divorce are as follows : At the level ba'in talaq , divorce is talaq which has entered level three where the couple is forbidden to reconcile his ex-wife before marrying another person prior to that person later divorced ; Divorce for li ' s, then the marriage can no longer be done for ever ; Treasure joint wealth is shared between husband and wife while the cost of maintenance and education is the responsibility of the father . More entitled to maintain his children are his mother , for the mother was married to someone else