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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Jurnal Dedikasi Hukum PATTIMURA Legal Journal PATTIMURA Law Study Review KANJOLI Business Law Review BAMETI Customary Law Review
Tjoanda, Merry
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Journal : PATTIMURA Legal Journal

 1 
Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi Junaedi, Budi; Tjoanda, Merry; Berlianty, Teng
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (733.924 KB) | DOI: 10.47268/pela.v1i2.6433

Abstract

Introduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force. Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the court
Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah, Khomaizah; Tjoanda, Merry; Matuankotta, Jenny Kristiana
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.10496

Abstract

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.
Co-Authors Alwi, Lala Balik, Agustina Bandu, Sri Jekan Anggun Berlianty, Teng Fadel Ramadhan, Fadel Gurium, Abdul Haji Haliwela, Nancy Silvana Hetharie, Yosia Hisbollah, Alif Adnan Junaedi, Budi Khomaizah, Khomaizah Kilian, Siti Ramla Kuahaty, Sarah Selfina Latupono, Barzah Lenggono, Roy Prabowo Litaay, Elsina Agustina Minely Litaay Matuankotta, Jenny Kristiana Metekohy, Hervian Glen Sandro Mual, Yansen Narwadan, Theresia Nolda Agnes Novyta Uktolseja Noya, Jelien Bridelia Ode, Anisa Panjaitan, Wijaya Natalia Pariela, Marselo Valentino Geovani Pattipawae, Dezonda Rosiana Radjawane, Pieter Ruff, Elis Siahaan, Zefany Odelia Cristy Solarbesain, Fransiskus Xaverius Sopamena, Ronald Fadly Sopamena, Siska Vilonia Indah Uktolseja, Novyta Umarella, Fathin Luqyana Utama, Eka Satya Kartika