JURNAL MINUTA

PERLINDUNGAN HUKUM BAGI PEMENANG LELANG ATAS GUGATAN PEMBATALAN LELANG OLEH DEBITOR ATAU PEMILIK JAMINAN

Marselia Yolanda Mantara — Wed, 24 Apr 2019 00:00:00 +0000

The granting of a credit by a bank is usually followed by collateral that’s given by the debtor. The debtor does not only borrow funds from the bank but also gives collateral of equal or greater value to the bank.The function of collateral is to assure the creditor that that the debtor’s debt can be paid off. In practice, when a credit loan becomes bogged down, the bank can execute collateral given by the debtor through a process where the debtor must be declared unable to pay his debt to the creditor.One solution to this problem is via auctioning. An auction is a public sale of goods preceded by an Auction Announcement where the price is offered verbally or in writing. Its price will increase or decrease until the highest bid is found.

EKSEKUSI JAMINAN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET MELALUI KEPAILITAN (ANALISIS PUTUSAN MAHKAMAH AGUNG RI NOMOR 2960 K/Pdt/2010)

Evi Retno Wati — Wed, 24 Apr 2019 10:17:57 +0000

Generally collateral is divided into two, namely personal guarantee (persoonlijke zekerheid) and corporeal guarantee (zakerlijke zekerheid). On Personal collateral, what given by debtor was not an object but a statement made by the third party who has no interest at all both toward debtor or creditor. In the case that was reviewed in this research to wit The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010 PT. Pertamina Dana Ventura (first named PT. Pertamina Saving & Investment), as a creditor filed a confiscation guarantee claim toward Kairudin Nur who is the guarantor of the debt of PT. Goro Bata Sakti (in bankruptcy) as a debtor. Guarantor in Indonesian Civil Code (later stated as KUHPer) is given a privilege which is stated in article 1831 KUHPer which given right to the guarantor to reject payment to creditor before the creditor’s property confiscated first and sold in order to pay the debts. If after the debtor’s property confiscated and sold are not enough to pay the debts, then in this case the guarantor is responsible for fulfilling the debts toward creditor. In The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010, the guarantor right as ruled in KUHPer is violated. Therefore the law protection that can be given to the guarantor is the guarantor is given the right to accelerate the management and settlement toward debtor’s assets which were under curator supervision.

PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Arif Hidayat — Wed, 24 Apr 2019 10:40:08 +0000

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.

KEDUDUKAN IKATAN JUAL BELI DENGAN KUASA MENJUAL SEBAGAI JAMINAN UTANG DI LINGKUNGAN KOPERASI SIMPAN PINJAM

Diana Hugeng — Wed, 24 Apr 2019 10:50:22 +0000

Tangible collateral as part of Tangible Law (Hukum Benda) has a nature of close and enforcing (dwingend recht). It is limiting and prohibiting anyone that will make tangible collateral in a form other than what has been stipulated in the prevailing laws. In relation to loan collateral in form of certificate of right over the land, since the effective date of the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, the only allowable loan collateral is in the form of Encumberance Right. This means loan collateral made in form of Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell is against the law, therefore it is legally stated as null and void due to violating the objective requirements on the legality of an agreement as stipulated in Article 1320 of Burgerlijk Wetboek. Agreement on Commitment to Sell and Purchase with Power of Attorney to Sell as loan collateral is not only against the Law of the Republic of Indonesia No.4 Year 1996 concerning Encumberance Right over the Land and Things Related to the Land, but also against the Law of the Republic of Indonesia No.25 Year 1992 concerning Cooperative, due to the objective of cooperative based on Article 44 point 1 of Cooperative Law is to raise funding from and provide lending to the members of respective cooperative, as well as other cooperatives and/or their members. In case a debtor being a new member of the cooperative when he or she applying loan to the cooperative, it is not aligned with the basic objective of cooperative.

KEDUDUKAN KONTAINER HOUSE SEBAGAI BENDA DAN WEWENANG NOTARIS DALAM PEMBUATAN AKTA PERALIHANNYA

Ardani Retno Nindito — Wed, 24 Apr 2019 10:58:25 +0000

The main subject of research is Container Position and Notary Authority in Making the Transitional Deed, with the formulation of the problem What is the position of Container House as a moving object and What is the notary's authority in making the Container House transitional deed. The conclusion is as follows: The position of Container House as a moving object, that container as an object that is valuable goods, property as a wealth, to the holder as the subject of rights is a private body or persoon, the right object is called an object, which means that the object of rights is object. Containers can be privately owned in the sense of individuals or legal entities, who are both legal subjects and can act according to law. Containers either as movable objects or immovable objects (planted in land parcels) can be used as objects of property rights in accordance with the provisions of Article 489 of the Civil Code. The authority of the notary in making Container House transfer deed, that the container building, the transfer of rights if built together with the land and the owner of the container building will divert the container along with the land can be proven by PPJB deed made before a notary or AJB made before PPAT. If the container building is only affixed, so that if it is transferred it does not damage the basic objects, the transfer of rights can be done with PPJB or with AJB made before a notary