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All Journal MLJ Merdeka Law Journal
Kadek Wiwik Indrayanti
Program Pascasarjana Magister Ilmu Hukum Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum terhadap Debitur Kredit Macet Akibat Praktek Cessie dalam Perjanjian Perbankan Juliman; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol. 6 No. 2 (2025): November,2025
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v6i2.16374

Abstract

Debtors who default often make creditors choose a quick mechanism to recover their receivables, one of which is through cession or the transfer of receivables to a third party. Although the practice of cession is legal and recognized in the Indonesian legal system, until now there is no specific regulation that specifically regulates the procedure, thus opening the opportunity for actions that are detrimental to debtors, especially those who have relatively small remaining debts but are still the object of transfer without adequate notification. This study uses a normative method with a descriptive analytical approach to examine the regulation of cession and legal protection for debtors. Legally, cession is regulated in the Civil Code Book III on Contracts as well as several special regulations such as the Mortgage Law, the Fiduciary Law, and Bank Indonesia provisions. In principle, cession can be carried out as long as it is agreed by the parties through a new agreement. However, if the transfer of receivables is carried out without notification to the debtor, the agreement is potentially invalid because the object of the receivable is still attached to the debtor. Thus, the transfer of receivables that is not informed to the debtor can be cancelled or even void by law, thus providing legal protection for the debtor from the implementation of a detrimental assignment.
Kebijakan Eksistensi Peradilan Adat di Kabupaten Fakfak Suriadi; Kadek Wiwik Indrayanti
MLJ Merdeka Law Journal Vol. 7 No. 1 (2026): Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v7i1.17136

Abstract

This research aims to examine the existence of Customary Courts in Fakfak Regency from a National Law perspective and to analyze the role of customary law institutions in resolving customary disputes following the enactment of Law Number 2 of 2021 concerning the Second Amendment to Law Number 21 of 2001 concerning Special Autonomy for Papua Province. Although Customary Courts have long existed and developed within indigenous communities, their existence has not been supported by a strong policy framework, either at the national or regional levels. The absence of a Special Regional Regulation in West Papua Province that explicitly regulates Customary Courts has resulted in weak legal certainty and the ineffectiveness of customary law policy implementation, even though customary dispute resolution practices continue to occur in Fakfak Regency. This research employs a normative juridical method with a statutory and conceptual approach, through a review of positive legal norms governing Customary Courts, specifically the Papuan Special Autonomy Law and other related regulations. The results indicate that Customary justice has been normatively recognized in the Indonesian legal system as a dispute resolution mechanism for indigenous communities. However, its status has not been firmly integrated into the state justice system and remains partial. Within the framework of Papua's Special Autonomy, the policy on the existence of customary justice reflects recognition of legal pluralism and the important role of customary law, but it still requires regulatory strengthening and institutional integration to be more effective and able to provide legal certainty.
Co-Authors Juliman Suriadi