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PERAN BADAN MEDIASI DAN ARBITRASE ASURANSI INDONESIA (BMAI) : ANALISIS PROSES DAN SIFAT PUTUSAN LEGOWO, MIG IRIANTO; ZABIDIN, ZABIDIN; WIDYAWATI, AGNES MARIA JANNI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.639

Abstract

The aim of this study is to explore the process of insurance dispute resolution through the Indonesian Insurance Mediation and Arbitration Agency (BMAI) and the nature of its decisions. This research is conducted within the framework of normative juridical legal research, utilizing secondary data as the primary source. The obtained data is then analyzed using a qualitative normative data analysis method. The research findings reveal that the process of settling insurance claim disputes through the Indonesian Insurance Mediation and Arbitration Agency (BMAI) involves three main stages designed to provide effective and efficient alternative dispute resolution. These stages include mediation, adjudication, and arbitration. As for the nature of the decisions made by the Indonesian Insurance Mediation and Arbitration Agency (BMAI), they are considered final and binding. In other words, the final and binding nature of these decisions requires all parties involved in the dispute to adhere to and execute the decisions.
PERLINDUNGAN HUKUM DEBITUR DALAM EKSEKUSI JAMINAN FIDUSIA SETELAH PUTUSAN MK NOMOR 2/PUUXIX/2021 UTOMO, DARMAWAN TRI BUDI; DEWI, MIEKE ANGGRAENI; WIDYAWATI, AGNES MARIA JANNI
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.836

Abstract

This research will attempt to provide an analysis regarding the Legal Protection of Debtors in Fiduciary Guarantee Execution both before and after the Constitutional Court Decision Number 18/PUU-XVII/2019. This study employs the juridical normative legal research method, with secondary data being utilized, which consists of pre-existing data. The analytical technique employed is descriptive analytical analysis. The research findings indicate that the Legal Protection of Debtors in Fiduciary Guarantee Execution before the Constitutional Court Decision Number 18/PUU-XVII/2019 Equalizing the fiduciary guarantee certificate in Article 15 paragraph (2) and (3) of the Fiduciary Law resulted in the constitutional rights of debtors being infringed upon. The Fiduciary Receiver (creditor) may carry out execution in the form of private sale of the fiduciary collateral objects pursuant to Article 29 paragraph (1) letter c in conjunction with paragraph (2) of the Fiduciary Law based on an agreement between the fiduciary grantor and the fiduciary receiver. In POJK Number 29 of 2014 Article 14, creditors are prohibited from withdrawing fiduciary collateral objects, with conditions stipulated in the fiduciary law also being agreed upon by the parties in the agreement. The execution of fiduciary collateral objects must be based on the determination that the debtor has defaulted and cannot be unilaterally permitted by the creditor, in the a-quo decision of the Constitutional Court, the creditor is not allowed to forcibly withdraw unilaterally, even though the creditor has a fiduciary guarantee certificate. The creditor and debtor parties must agree in advance on the existence of default as stipulated in the agreement