27 research outputs found
Eksistensi Hak Tanggungan dalam Kontrak Investasi Kolektif Efek Beragun Aset (KIK-EBA) sebagai Konsep Trusts
No full textThis research aims at discussing the problems concerning KIK-EBA agreement related to the existence of personality principles and ownership status of mortgage whose trust is secured in KIK-EBA. The problem discussed is related to any legal effects of the implementation of KIK-EBA as an agreement consisting of three parties on the existence of personality principles and related to the ownership status of mortgage in the securitization mechanism used in KIK-EBA. This was a normative research whose data were collected by using a library research method. The findings conclude that KIK-EBA is not an exception of personality principle; besides, since the formal condition of agreement is not fulfilled, KIK-EBA is null and void. The ownership of mortgage in KIK-EBA is still owned by the original creditor although purchase and sale of trust has occurred as a true sale in KIK-EBA
Tanggungjawab Ahli Waris Dan Kewenangan Majelis Pengawas Notaris Dalam Penyelesaian Protokol Minuta Hilang (Studi tentang Notaris yang Meninggal Dunia)
No full textThis study aims to raise the issue on the position of the Minute of Protocol of Notary Deed as a State Archive as stipulated in the Archives Act, analyze the responsibility of the heirs of a Notary who died for the missing Minute of Protocol and explain the authority of the Regional Supervisory Council to resolve the missing Minute of Protocol after the notary’s death. The method used in this research is normative study by collecting data through library research, using a normative and conceptual approaches as well as qualitative descriptive analysis. The results of this research conclude that the Notary Protocol is a state archive based on the provisions of the Notary Position Act, but not the archive criteria referred to in the Archives Law. The heirs are responsible to the parties who make an authentic deed to the Notary, this responsibility is based on the provisions of Article 1365 of the Criminal Code on Unlawful Acts. Then, the Notary Supervisory Council does not have the authority to give sanctions to heirs who eliminate the Notary Protocol. In the event that the Notary protocol is missing or incomplete, the Regional Supervisory Council shall make a detailed and complete report on this matter.Keywords: Heirs; missing minute of protocol; notary supervisory councilAbstrakPenelitian ini bertujuan untuk mengemukakan permasalahan mengenai kedudukan Protokol Minuta Akta Notaris sebagai Arsip Negara sebagaimana ketentuan Undang-Undang Kearsipan, menganalisa mengenai pertanggungjawaban ahli waris dari Notaris yang meninggal dunia atas Protokol Minuta yang hilang dan menjelaskan kewenangan Majelis Pengawas Daerah untuk menyelesaikan Protokol Minuta hilang setelah meninggalnya Notaris. Metode yang dipakai dalam penelitian ini adalah penelitian normatif dengan mengumpulan data secara studi pustaka (library research), menggunakan pendekatan norma dan pendekatan konseptual serta analisis secara deskriptif kualitatif. Hasil penelitian ini menyimpulkan bahwa protokol Notaris merupakan arsip negara berdasarkan ketentuan Undang-Undang Jabatan Notaris, namun bukan kriteria arsip yang dimaksud dalam Undang-Undang Kearsipan. Ahli waris bertanggungjawab kepada para pihak yang membuat akta autentik kepada Notaris, tanggungjawab ini adalah berdasarkan ketentuan Pasal 1365 KUHPerd tentang Perbuatan Melawan Hukum. Kemudian, Majelis Pengawas Notaris tidak memiliki kewenangan untuk memberikan sanki kepada ahli waris yang menghilangkan Protokol Notaris. Dalam hal terjadi protokol Notaris yang hilang atau tidak lengkap, maka Majelis Pengawas Daerah membuat berita acara mengenai hal itu secara terperinci dan lengkap.Kata Kunci: Ahli waris; majelis pengawas notaris; protokol minuta hilan
Keabsahan perjanjian pengikatan jaminan dengan polis asuransi jiwa sebagai objek jaminan
No full textHal 220-23
Implications For Loading Juridical Liability Rights Under Power Of Attorney Make Hypotheek Rights (Skmht) Procedural Defects
No full textThe credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary's death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party
Perlindungan Hukum Ahli Waris Dan Kreditur Persekutuan Komanditer Ketika Meninggalnya Sekutu Komplementer
No full textThis research is motivated by the conceptual conflict between civil inheritance law and company law in the form of commercial partnership (CV). The problems to be examined are first, the concept of legal protection of the rights of the heir to the complementary partner on the inheritance which has become a collateral for the debt of the CV, and second, the formulation of the concept of legal protection given to creditors of the CV for the death of the complementary partner whose heir is not willing to take responsibility for replacing their predecessor. The method used in this research is normative legal study by collecting library data. The results of this study concluded that first, the new complementary partner must be responsible for the debt of CV. Therefore, the new complementary partner must return the inheritance guarantee to the heir. Second, concurrent creditors must have a copy of the deed of CV to examine who is responsible if undesirable things happen in the CV, as a form of legal protection for themselves
Regulations on the Use of Indonesian in Making Contracts According to Indonesian Positive Law
No full textIntroduction: Contracts form the backbone of business dealings, establishing the foundations and binding all collaborative endeavors between parties involved. In the Indonesian context, the use of the national language in contractual agreements has been explicitly governed by laws and regulations, specifically Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem.
Purposes of the Research: This study aims to scrutinize and analyze the regulatory framework surrounding the use of the Indonesian language in contract drafting, as mandated by the positive laws of Indonesia. Additionally, it seeks to elucidate the legal ramifications that may arise from non-compliance with these provisions. Furthermore, the research endeavors to provide legal clarity and offer recommendations pertaining to this issue.
Methods of the Research: This research adopts a normative legal approach, employing both statutory and conceptual frameworks. The legal materials utilized encompass primary, secondary, and tertiary sources. The collection of legal materials is facilitated through library research, while the analysis of these materials is conducted qualitatively, employing content analysis and legal interpretation techniques.
Results of the Research: The findings of this research present a comprehensive analysis of the regulations governing the use of the Indonesian language in contract drafting, shedding light on the legal implications of non-compliance with these provisions. Furthermore, the research offers recommendations and suggestions tailored for government agencies, business entities, and legal practitioners, guiding them in implementing the use of the Indonesian language in contracts in accordance with the applicable legal framework
Keabsahan Perjanjian Pengikatan Jual Beli dalam Putusan Pengadilan Negeri Denpasar Perkara Nomor 10/PDT.G/2019/PN.Dps
No full textThis study aims to analyze the basic legal considerations used by the Judges at the Denpasar District Court to ratify the sale and purchase agreement in case number 10/Pdt.G/2019/PN.Dps. This study examines two legal issues: First, how is the validity of the sale and purchase agreement in the Denpasar District Court decision number 10/Pdt.G/2019/PN.Dps. Second, what is the accuracy of the legal considerations of the judges in the Denpasar District Court decision number 10/Pdt.G/2019/PN.Dps. The research method in this research is normative juridical which is based on literature studies, laws, books, journals, news and other supporting research. The results of this study can be concluded that: First, the notary was proven to have abused the authority granted by law during the process of making a sale and purchase agreement in case number 10/Pdt.G/2019/PN.Dps, causing the sale and purchase agreement to be degraded. Second, the legal considerations of the Judges examining case number 10/Pdt.G/2019/PN.Dps are incorrect because they state that the sale and purchase agreement is an authentic deed and states that the notary has carried out his duties according to applicable law. The researcher’s suggestion is that the judges should have been more careful in examining the evidence and ensuring the skills and competence of a notary as a person authorized to make authentic deeds
Perlindungan Hukum Investor atas Potensi Terjadinya Praktik Monkey Business Dalam Transaksi Kripto di Bursa Komoditi
No full textThis research is motivated by the problem, namely the high demand for crypto assets, while there is no reference asset (Underlying asset) on which to base the price publication. So Monkey Business practices will emerge. The aim of this research is to determine the occurrence of Monkey Business practices in Crypto transactions on Commodity Exchanges and the legal protection of investors regarding the potential for Monkey Business practices to occur in transactions on commodity exchanges. This research typology uses normative legal research and the approach methods used are the statutory regulatory approach and the conceptual approach. The result of this research is that the practice of Monkey Business begins by making the price of Crypto Asset tokens become a trend, after the price of Crypto Asset tokens is at its peak, within a short time the value of the token will fall back to its original price, one example is the Terra Crypto Asset token. Luna. The legal protection provided to investors can be classified into 2 (two) based on the potential for monkey business practices in transactions on the commodity exchange, namely including preventive legal protection and repressive legal protection. Suggestions from this research regarding provisions that need to be further regulated in regulations for Crypto Asset commodity trading in Indonesia include: additional requirements for physical crypto asset traders (Exchangers) in order to obtain approval; Anti-Manipulation, Fraud Provisions; Implementation of Provisions for Providing Compensation Fund
Keabsahan Perjanjian Sewa Secara Lisan Dan Oper Sewa Tanpa Izin Pemberi Sewa
No full textThe validity of the transfer of rent in a lease agreement against the leased object without the owner's knowledge is an action that cannot be justified by law. The Lease Agreement is one type of agreement regulated in the civil code. Lease - Renting is a form of legal relationship that regulates two parties, where one party binds himself to provide the other party with the enjoyment of an item, for a specified time with the payment of a price by the last party that he agrees to. In connection with this, the background to the transfer of rent against the leased object without the knowledge of the leased object. The purpose of this study is to determine the things that cause the transfer of leased objects without the knowledge of the original owner which turns out to be a mixture of third parties. The research typology used in this study is normative legal research. The results of this study are that there has been interference from a third party or a party outside the lease agreement, related to the leased place (object), namely a kiosk used by the tenant as a place of business for the UII Jakal penyetan food stall, which has been rented by the tenant with the previous owner, the third party feels that the tenant's business is disturbing his business so that he urges the tenant to immediately move and make an agreement to transfer the kiosk lease object to him without the owner's knowledge, and the third party is the owner of Warmindo and the third party is the tenant's brother-in-law. The legal recommendation that can be given is that the third party is responsible for compensating for the losses for their actions and the dispute that occurs between the parties, the owners can be resolved amicably because the parties are still related by family ties, if the dispute cannot be resolved then it can be resolved through mediation until the dispute is resolved through litigation in court. If the parties are deemed unable to pay for the legal services of a lawyer, then the parties can request legal assistance through the Law Center Institution which provides free legal assistance and provides voluntary assistance to the parties by directing the things that must be done during the dispute resolution process, especially during the trial in court
