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All Journal NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL USM LAW REVIEW Jurnal Darma Agung Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)
Priandhini, Liza
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Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

 1 
Legal Implications On Credit Agreements For Couple And Wife In Marriage Agreements After Marriage Chairunissa, Adessya Thalia; Priandhini, Liza
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2402

Abstract

A marriage that is legally carried out by husband and wife will have legal consequences for both parties that have an impact on the legal relationship between the two, including property in marriage. In this case, the Civil Code and the Marriage Law recognize the concept of "Marriage Agreements" to regulate the management and use of assets in marriage, whether they are inherited or joint assets. A marriage agreement made by a husband and wife is binding on both parties who made it and will apply to a third party as long as the party is involved. The problem in this study is how the legal implications of post-marital marriage agreements affect credit agreements made by married couples and the legal consequences of post-marital credit agreements on guarantees given by husband and wife to the bank. Based on this research, it can be concluded that: (1) The legal implications of post-marital marriage agreements on credit agreements made by married couples depend on the registration of the marriage agreement. If the marriage agreement is not registered, it will not affect the credit agreement. However, if the agreement is registered, it will have a significant impact on the legal standing of the debtor, the certainty of debt guarantees, and legal protection for the bank. In essence, the debtor cannot be written off in a credit agreement solely because a marriage agreement is made. (2) If a husband and wife bind themselves in a credit agreement, the guarantee provided can be in the form of joint assets they have. If the assets are still insufficient to pay off the debt, the bank can take legal action in the form of Actio Paulina.
Benefits of Establishing a Land Bank for Development in Indonesia Raihan, Dinda; Priandhini, Liza
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2626

Abstract

As mandated by Law Number 11 of 2020 on Job Creation, on 29 April 2021 the Indonesian government has enacted Government Regulation Number 64 of 2021 on Land Bank Agency (“GR No. 24/2021”). Land Bank Agency is a special agency called sui generis, formed as a transparent, accountable and non-profit Indonesian legal entity that is established by the central government to be autonomous and independent and is given rights to exercise part of the government authority to manage lands.  The Indonesian constitution has provided clear regulations regarding lands in Indonesia under Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which asserts that the power given to the earth, water and natural resources contained therein rests with the state. The state must regulate its ownership and its use. The objective of such stipulation is that all land in its entirety in the territory of the Indonesian nation’s sovereignty is used for the greatest prosperity of the people. The Indonesian government hopes that the establishment of the Land Bank Agency will ensure the availability of land for all society groups from the Indonesian people to foreign investors in the field of public interest, social interest and national development to create a fair economy. The Land Bank Agency is viewed to expedite the process in seeking lands for public interest. This article aims to give light on the function of Land Bank for national growth and public interest.
Co-Authors Chairunissa, Adessya Thalia Firdasari, Ardella Gia Anjani, Risa Handyani, Amita Fayzia Pratama, Radhyca Nanda Raihan, Dinda Zahara, Dwi Shinta