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Journal : PATTIMURA Law Study Review

Kedudukan Bezitter Terhadap Objek Warisan Ruff, Elis; Tjoanda, Merry; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16062

Abstract

Inheritance law is part of marriage law. This relationship occurs because inheritance law regulates how a person's property and wealth will be distributed to the heirs. The inheritance process will refer to the transfer of property from heirs to heirs. The law authorizes the heirs to own the right to inheritance. Inheritance that has no heirs will be under the control of the heritage hall, in the Indonesian Civil Code Material rights, namely, Bezit, Eigendom, and material rights over other people's property, will be exercised by Bezitter after that, where Bezitter who has good faith has the right to acquire ownership of the object. The possession of an inheritance by a Bezitter can occur if the heirs do not exist or are unable to perform their rights and obligations. This refers to the application of the principle of expiration, to study and discuss the right of bezitter to the object of inheritance and to discuss the legal consequences of the object of inheritance that is leased to other parties. The legal research method used in examining this problem is normative juridical, which is based on primary, secondary, and tertiary legal materials, and uses a statute approach and a conceptual approach. The result of this writing explains that Bezitter's position on the control of an inheritance according to Article 1185 can be done if, a Bezitter who has in good faith has managed and cared for an inheritance for a long period of time (verjaring) is allowed to control an inheritance if the heirs are unable to exercise their rights and obligations. Legal protection can be done by implementing relevant laws and regulations as a preventive step in maintaining security and law enforcement.
Tanggung Jawab Bank Terhadap Hilangnya Dana Nasabah Penyimpan Umarella, Fathin Luqyana; Tjoanda, Merry; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23201

Abstract

The form of a bank's obligations to its customers must be linked to the issue of legal protection of the bank, so the form of the bank's responsibility cannot be separated from the provisions of laws and regulations. If a customer loses money or savings, the bank is required to provide compensation to the customer who lost their money. The type of research used is normative juridical, conducted by studying legal principles, concepts, and regulations. The research method used refers to primary, secondary, and tertiary legal materials with a legislative approach and a conceptual approach, as well as using library research. The analysis of regulatory materials is conducted from the perspective of the applicable provisions. The results of this study indicate that legal protection for customers' deposit funds in banks as consumers can be viewed in Law Number 8 of 1999 concerning Consumer Protection, which stipulates the obligation of banks to comply with the procedures for creating standard clauses, as outlined in PBI Number: 7/6/PBI/2005 concerning Transparency of Banking Products and the Financial Services Authority Regulation Number: 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The responsibility of conducting business activities between banks and customers creates two sides of responsibility, namely the obligations of the bank itself and the obligations to the customers who deposit funds as a result of the legal relationship. The relationship between customers and banks involves the bank's obligation to handle customer complaints, including resolving them within the established timeframe. The responsibility of each party to maintain the confidentiality of the bank must be carefully observed so that both parties can avoid potential issues that may arise between the bank and its customers.