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All Journal Jurnal Bina Mulia Hukum PROGRESIF: Jurnal Hukum PROFICIO: Jurnal Pengabdian Masyarakat Innovative: Journal Of Social Science Research Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik Media Hukum Indonesia (MHI) Journal of Law and Legal Reform
Suparto, Susilowati
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Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Media Hukum Indonesia (MHI)

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Penjualan Objek Jaminan Tanpa Persetujuan Debitur Dalam Perjanjian Utang Piutang Ditinjau dari Hukum Perjanjian dan Hukum Jaminan Liu, Anisya Rua Ratu; Suparto, Susilowati; Wiyono, Sridewi Anggraeni
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12173889

Abstract

The life of a person or company is inseparable from debt and credit transactions with the background of fulfilling a daily need. Business entities or people in conducting lending and borrowing activities that provide loan services, do not want the money loaned to just disappear without a reciprocal relationship between the borrower and the provider of funds. In fact, generally borrowers can pledge goods or assets owned as collateral if one day they cannot redeem or fulfil their obligations. Collateral that is sold without the consent of the owner can have legal consequences on the sale and ownership of the collateral. The purpose of this research is to examine and determine the legal status of ownership collateral objects sold by creditors to other parties without the consent of the debtor in a debt and credit agreement, as well as the creditor’s responsibility to the debtor who owns the collateral as the injured party from the sale of the collateral object without the debtor’s consent in terms of agreement law and collateral law. The research method used is using a normative juridical approach by using research result, works of legal experts, and library material that use secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that the legal status of ownership of the object of collateral obtained by unlawful acts from the sale and purchase of collateral object that are being encumbered by debt and credit guarantees is declared legally invalid and ownership remains according to the Certificate of Title, namely the debtor in the debt and credit agreement as the owner of the land. The creditor’s responsibility towards the debtor as the injured party in the sale of the collateral object in the debt agreement is to provide immaterial compensation in the form of returning and surrendering land ownership by the land buyer to the land owner, namely the debtor in the debt and credit agreement as well as a statement from the judge’s decision that the creditor has committed an unlawful act by selling the land that is being encumbered by collateral.
Dispute Resolution in User Agreement on Cryptocurrency Sales Platform That Are Not Based on Indonesian Legislation Zahra, Tifani Haura; Suparto, Susilowati; Muchtar, Helitha Novianty
Media Hukum Indonesia (MHI) Vol 2, No 1 (2024): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10794419

Abstract

Dispute resolution arrangements in the field of physical trading of crypto assets must comply with BAPPEBTI Regulation No. 8 of 2021 in order to be harmonized and have strong legal certainty. However, in practice there is a dispute resolution clause on the crypto asset exchange platform that is not in accordance with BAPPEBTI Regulation No. 8 of 2021. This study aims to determine the dispute resolution chosen based on the agreement in the user agreement on the cryptocurrency sales platform that is not based on BAPPEBTI Regulation No. 8 of 2021 and the legal force of the decision issued by the institution chosen based on the dispute resolution agreement in the user agreement in the field of physical trading of crypto assets. This research uses a research method with a normative juridical approach. The specification of the research conducted is descriptive analysis. The stages of this research focus on literature research and conduct field studies by conducting interviews. Based on the research results, two things can be concluded. First, the dispute resolution chosen based on the agreement in the crypto asset physical trading user agreement that is not based on BAPPEBTI Regulation No. 8 of 2021, the agreement remains binding on both parties as law for the parties. However, the crypto asset exchange platform is considered non-compliant with BAPPEBTI Regulation No. 8 of 2021 and may be subject to administrative sanctions. Second, the legal force related to the decision issued by the institution chosen based on the dispute resolution agreement in the user agreement in the field of physical trading of crypto assets and not in accordance with BAPPEBTI Regulation No. 8 of 2021 is final, binding, and has permanent legal force because the dispute resolution has been agreed by both parties in the user agreement before the dispute occurs (pactum de compromittedo).
Co-Authors Agus Suwandono Asti Sri Mulyanti Betty Rubiati Deviana Yuanitasari Fadzlurrahman, Fadzlurragman Hazar Kusmayanti, Hazar Liu, Anisya Rua Ratu Muchtar, Helitha Novianty Musdamayanti, Musdamayanti Salaeh, Yamudin Sonny Dewi Judiasih Wiyono, Sridewi Anggraeni Yusuf Saepul Zamil Zahra, Tifani Haura