Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal NEGREI: Academic Journal of Law and Governance
Djumikasih
Faculty Of Law, Brawijaya University
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Execution of Second-Rank Mortgage Rights Due to breach of contract at PT Bank Sulutgo Rizky Fauzi R Zees; Djumikasih; Yeni Eta Widyanti
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the effectiveness of Article 20, Paragraph (2) of Law Number 4 of 1996 on Mortgage Rights in the execution of mortgage guarantees due to Breach Of Contract, with a focus on the case of PT Bank Sulutgo. The main issue examined is the challenges in executing Second-Rank Mortgage Rights when multiple creditors are involved, as well as the legal uncertainty surrounding the private sale mechanism. This research employs an empirical juridical method with a socio-legal approach, combining document studies and interviews with relevant parties at PT Bank Sulutgo. The findings indicate that execution through public auction often encounters administrative and legal obstacles, particularly concerning the position of the Second-Rank Mortgage Rights holder, who is dependent on the First-Rank Mortgage Rights holder. Furthermore, the lack of clear regulations regarding the execution of Second-Rank Mortgage Rights leads to multiple interpretations in practice. As an alternative, private sales provide a more flexible solution; however, in the case of PT Bank Sulutgo, this mechanism negatively impacts other debtors who still have outstanding credit obligations. This study concludes that the effectiveness of Article 20, Paragraph (2) of the Mortgage Rights Law remains weak in providing legal certainty for Second-Rank Mortgage Rights holders. Therefore, more detailed regulations on the execution mechanism of Second-Rank Mortgage Rights are necessary to ensure legal protection for all parties involved.
Legal Analysis of Foreign Nationals in Fiduciary Guarantees: Between Banking Risks and Legal Vacuum Christanty Leony Sutanto; Djumikasih; Yenny Eta Widyanti
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze legal certainty for Foreign Nationals (FN) as debtors and creditors in loan agreements with Fiduciary assignments in Indonesia. The background of this research is based on the ambiguity of regulations regarding the legal status of FN in the Fiduciary assignment system, which has the potential to create legal uncertainty for banking institutions and related parties. The applicable regulations, including the Fiduciary Assignment Law and Bank Indonesia Regulations, do not explicitly regulate the authority of FN as fiduciary grantors or fiduciary recipients, leading to various legal interpretations in practice. This research employs a normative juridical method using a statute approach and a conceptual approach. The legal materials used consist of primary legal sources, such as laws and relevant regulations, as well as secondary legal materials from various legal literature. The analysis technique used is systematic and grammatical interpretation to examine the interrelation of norms within the Indonesian legal system. The research findings indicate that although existing regulations limit the role of FNs in certain financial transactions, there are legal loopholes that allow them to be involved in Fiduciary assignments, either as debtors or creditors. This uncertainty poses risks to banking institutions if FN debtors default on their obligations.
Co-Authors Christanty Leony Sutanto Rizky Fauzi R Zees Yeni Eta Widyanti Yenny Eta Widyanti