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All Journal Journal Equity of Law and Governance
Widodo Ramadhana
Fakultas Hukum Universitas Prima Indonesia Medan
Law, Crime, Criminology & Criminal Justice

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Protection against heirs who make transactions of sale of inheritance land without the consent of other heirs according to law (Study Putusan 70/PDT.6/2006/PN. MDN) Widodo Ramadhana; O.K. Isnainu; Rodiatun Adawiyah; Muhammad Arif Prasetyo; Atika Sunarto; Santo Satria Simanjuntak
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.1.9640.147-154

Abstract

Soil is essential for life, and Indonesian law regulates land ownership, including the transfer and inheritance of land rights. Disputes often arise when land is sold without the consent of all heirs, leading to legal challenges. This study addresses two main research problems: the procedures for selling inherited land and the responsibilities of defendants in case No. 70/Pdt.6/2006/PN. Mdn. It aims to examine these procedures and determine defendant responsibilities. Using a juridical-normative approach, the study relies on legal principles and secondary data from legal documents, laws, and court decisions. Data collection methods include literature review and field research. Findings indicate that selling inherited land requires the consent of all heirs and compliance with legal requirements. Disputes arise when these requirements are not met, leading to legal actions that can invalidate transactions and restore original positions. Adhering to legal protocols is crucial to prevent disputes and protect heir rights.
Legal Analysis of Financial Technology (Fintech) Based Online Loan Agreements and The Legal Consequences Yovan Raphael S. Pandia; Widodo Ramadhana
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11342.111-118

Abstract

Borrowing and lending activities, whether conducted directly or indirectly, have become an integral part of people's lives, particularly with the rise of Financial Technology (Fintech). Fintech refers to financial services leveraging advancements in computerized technology to facilitate transactions, making it easier for individuals to conduct transactions involving products, goods, and services. Against this backdrop, this study explores key issues related to fintech-based online loan agreements: (1) What is the mechanism for canceling a fintech online loan agreement under applicable laws? (2) What forms of legal protection are available for debtors entering into fintech-based online loan agreements? (3) What are the legal consequences of canceling such agreements for both lenders and borrowers? This study employs a normative legal research method, collecting data from primary and secondary legal materials, including journals, literature, and statutory regulations. The collected materials are analyzed qualitatively and descriptively. The findings reveal that fintech-based online loan agreements may be invalidated if they fail to meet the requirements outlined in Article 1320 of the Civil Code or violate Article 47 paragraph (2) of Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions (PP PSTE). Furthermore, legal protection for creditors in fintech-based agreements comprises both preventive measures and repressive legal protections.
Co-Authors Atika Sunarto Muhammad Arif Prasetyo O.K. Isnainu Rodiatun Adawiyah Santo Satria Simanjuntak Yovan Raphael S. Pandia