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All Journal SELAPARANG: Jurnal Pengabdian Masyarakat Berkemajuan Pena Justisia: Media Komunikasi dan Kajian Hukum JUSTISI Amsir Law Jurnal (ALJ) JUDGE: Jurnal Hukum Journal of Law Justice ACADEMOS Jurnal Hukum dan Tatanan Sosial
Simanjuntak, Kristi W
Faculty Of Law, Muhammadiyah Sorong University, Indonesia
Agriculture, Biological Sciences & Forestry Computer Science & IT Control & Systems Engineering Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Analysis of Credit Guarantee Binding with Power of Attorney to Enforce Mortgage Rights Nadya Apriliani; Kristi Warista Simanjuntak
Journal of Law Justice (JLJ) Vol. 2 No. 3 (2024): Journal of Law Justice
Publisher : Faculty of Law, Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i3.3493

Abstract

This study aims to determine the legal consequences of binding credit collateral with a Power of Attorney to Enforce Mortgage Rights (SKMHT) and to find out the legal remedies that can be taken by creditors against collateral bound by SKMHT if the debtor defaults. This research was conducted using juridical-normative research with data obtained from legal materials and library materials which were then analyzed using qualitative methods. The results obtained from this research include, among others, the encumbrance of Mortgage Rights through SKMHT must be upgraded to APHT in accordance with the laws and regulations. If it is not done, the SKMHT is declared null and void and the creditor's position is not as a preferred creditor who has the right to execute the collateral object if the debtor defaults, but there are exceptions to the type of micro business credit binding that is classified as productive in Ministerial Regulation Number 22 of 2017, while the legal efforts that can be taken by creditors through litigation and non-litigation channels to obtain a legally enforceable judge's decision to be able to carry out the execution or sale process under the hands of the creditor
Responsibility and Accountability in the World of Futures Trading: Analysis of Futures Brokers and Broker Representatives Under the Spotlight of Civil Law and BAKTI Arbitration" Muhammad Sabir Rahman; Syamsul Efendi; Yudhi Priyo Amboro; Kristi W Simanjuntak; Nurul Fazri Elfikri; Aceng Asnawi Rohani; Dede Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4113

Abstract

This study aims to examine the role of Article 1367 of the Civil Code in determining the duties of Futures Brokers and Futures Broker Representatives in the context of Indonesian commodity futures trading, with a focus on the consequences for violations of these duties by Futures Broker Representatives. respond to it. This methodology is based on normative legal principles and is based on research into relevant literature and examination of BAKTI rulings in the field of commodity futures trading arbitration. Findings from this study highlight the importance of taking into account the Futures Broker Representative's level of professionalism as well as any applicable rules and regulations when determining the extent to which the Futures Broker is legally liable for the Futures Broker Representative's conduct. In order to provide fairness and clarity in commodity futures trading, this study's findings suggest that current rules need to be revised and adjusted. The study also suggests directions for future research on the dynamics of futures trading's legal aspects.
Co-Authors Aceng Asnawi Rohani Anwar Umar Aru , Demianus Astreed S. Lumentung, Imelda Benhur Raubert Putirulan Darmawansya, Andi Dede Agus Dwi Pratiwi Markus, Dwi Fatma, Erlin Kurnia Hadi Tuasikal Hasriyanti Hasriyanti Hasriyanti Jihan Fahira Bukhari Kariadi Kariadi Kuswardani Kuswardani Muhammad Ali Muhammad Sabir Rahman Nadya Apriliani Naim, Sokhib Nurul Fazri Elfikri Paul Przemysław Polański R.S. Rakia, A. Sakti Rajab Lestaluhu Retno Nurkumala salimubun, ahmad firmansyah Sa’ro Fitriani A. Rohma Sri Yati Sugeng Santoso Syamsul Efendi Widya Rahmawati Yudhi Priyo Amboro Zaenal Arifin