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All Journal Jurnal Panorama Hukum Legal Standing : Jurnal Ilmu Hukum HUKMY : Jurnal Hukum
Noor, Erma Zahro
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG MEMPEROLEH FASILITAS KREDIT SEPEDA MOTOR DENGAN PERJANJIAN FIDUSIA Noor, Erma Zahro
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.524 KB) | DOI: 10.21067/jph.v2i1.1756

Abstract

In Indonesia there are two financial institutions that always provide credit facilities to the people who needs funds, that financial institutions are in the form of bank and non bank or so-called LKBB, where one form is a financial institution (leasing).In conducting the financing agreement for the purchase of motor vehicles on credit to the consumer (debtor), that financial institutions (leasing) are always poured in the form of standard contracts which must be approved by the customer (debtor), despite clause (contents of) the agreement is more likely to benefit the institution financing (creditor) and complicate/ensnare even tend to harm the consumer (debtor), because the consumer has always been on the weaker side and do not have the strength to fight for their rights against the treaty that already signed.. As a reference to unify the differences that arise in the resolution of problem loans in financial institutions, can use the rules as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and as an umbrella law to protect consumers as the debtor can use the rule-rules contained in Law No. 8 of 1999 on consumer protection.
KEABSAHAN HUKUM PENGIKATAN JAMINAN TANAH DALAM PRODUK RAHN TAJSILY DI PT PEGADAIAN – STUDI KASUS PEGADAIAN UNIT BUNGAH Respati, Firmananta; Noor, Erma Zahro
HUKMY : Jurnal Hukum Vol. 4 No. 2 (2024): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2024.v4i2.776-792

Abstract

This study examines the implementation of the Rahn Tajsily Tanah product at the Pegadaian Unit Bungah, focusing on the process of securing land collateral, legal protection for both parties, and challenges faced during implementation. The findings reveal that the collateral binding process aligns with Islamic principles and regulations, particularly adhering to the DSN-MUI Fatwa No. 68/DSN-MUI/III/2008. However, the lengthy verification process poses a challenge. The legal protection provided ensures fairness and the absence of riba, securing the rights of both Pegadaian and the customers. Nonetheless, the challenges include prolonged verification times and a lack of customer understanding of the syariah contract. Suggestions include improving verification efficiency through collaboration with the National Land Agency (BPN), increasing public education on syariah principles, enhancing transparency, and exploring digital services to streamline processes. These improvements are expected to optimize the Rahn Tajsily Tanah product and its benefits for society.
JAMINAN KEPASTIAN HUKUM ATAS KELEBIHAN HASIL LELANG BARANG JAMINAN Respati, Firmananta; Noor, Erma Zahro
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.10375

Abstract

This study concludes that increasing customer awareness of their rights and improving the valuation process is crucial for enhancing the auction system's transparency and fairness. PT Pegadaian is recommended to strengthen its customer education efforts, collaborate with independent appraisers, and review its policies to ensure better customer rights protection. This research aims to explore the legal certainty regarding the surplus from the sale of collateral auctioned at PT Pegadaian, using a qualitative approach. The data collection methods include literature review, interviews with auction creditors, direct observation of the auction process, and document analysis. The thematic analysis approach is used to analyze the data. Data from interviews, observations, and document analysis are organized and categorized into relevant themes. The research reveals that PT Pegadaian implements an internal policy that ensures the return of the auction surplus to customers after the loan principal and administrative fees are settled. However, many customers are unaware of their rights concerning this auction surplus. Additionally, challenges arise in the auction announcement process and the appraisal of collateral, which often does not reflect market prices. The study concludes that increasing customer awareness of their rights and improving the appraisal process is essential for enhancing the transparency and fairness of the auction system.
Co-Authors Respati, Firmananta