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Journal : Innovative: Journal Of Social Science Research

Tanggung Jawab Hukum Pihak Penjual Atas Penjualan Properti Tanpa Persetujuan Pemilik Properti Siallagan, Nissy Asandrum; Habeahan, Besty
Innovative: Journal Of Social Science Research Vol. 4 No. 6 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i6.16527

Abstract

A seller is not allowed to sell property without the owner's consent, as this constitutes a violation of both civil and criminal law. Under civil law, such a sale may be considered an unlawful act causing losses to the property owner. To annul the transaction and/or seek compensation from the seller, the property owner can file a legal lawsuit. From a criminal law perspective, if evidence indicates malicious intent in conducting the unauthorized sale, this act can be categorized as embezzlement under the Indonesian Penal Code (KUHP). If it is proven that the seller sold the property without the owner's consent, they may face criminal penalties, including imprisonment and/or fines. This article discusses the legal implications that may arise, as well as the legal actions property owners can take to protect their rights, including through civil litigation and criminal reporting processes.
Tinjauan Yuridis Akibat Hukum Terhadap Debitur Atas Gugatan Eror In Persona Yang Diajukan Kepada Kreditur Purba, Masni; Habeahan, Besty
Innovative: Journal Of Social Science Research Vol. 4 No. 6 (2024): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v4i6.16569

Abstract

This research aims to analyze the regulation of error in persona lawsuits in Indonesian civil law and its impact on debtors in the judicial process. The results of this study show that an error in persona lawsuit can be the basis for the defendant to object to formal defects in the lawsuit filed by the plaintiff. This formal defect can be in the form of errors in the determination of the parties involved in the case, vagueness in the formulation of the lawsuit, or violation of the provisions of procedural law. The legal consequence of an error in persona lawsuit is that the lawsuit can be declared inadmissible. This has significant implications for debtors, as it can hamper creditors' efforts to collect debts and provide legal protection for innocent debtors. This research concludes that it is important for parties involved in civil cases to understand the concept of error in persona and pay attention to formal aspects in the preparation of lawsuits so that the judicial process can run effectively and efficiently.
Perlindungan Hukum Terhadap Nasabah yang Menderita Kerugian Atas Kelalaian Pihak Bank yang Mengakibatkan Hilangnya Dana Simpanan Nasabah Ndraha, Krisdian Rizki Havana; Habeahan, Besty
Innovative: Journal Of Social Science Research Vol. 5 No. 1 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i1.16600

Abstract

This writing aims to explore how the legal protection of customers who suffer losses due to the negligence of the bank which results in the loss of customer deposit funds. Banks as banking institutions have an obligation to provide legal protection to depositors. Legal protection is a right received by deposit customers from banking institutions to guarantee and protect customer rights, provide legal certainty and as a guarantee of protection to minimize losses to deposit customers. normative legal research, normative legal research is a research method that focuses on understanding and deepening of legal norms, laws and regulations and legal issues related to the writing of this internship journal. This research method also uses library data collection methods, where books, laws and regulations, and also supporting literature to maximize the source of writing this internship report. Based on the results of this writing, the Bank in carrying out its authority in collecting funds from the public in the form of customer deposits, often commits a negligence that results in losses to customers. This loss results in a dispute between the depositing customer and the bank. In the settlement process, two ways can be taken, namely non-litigation dispute resolution efforts (outside the court) and dispute resolution efforts through the court.