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All Journal Kertha Wicara : Journal Ilmu Hukum Kertha Semaya Kertha Desa
Adiwati -
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Law, Crime, Criminology & Criminal Justice

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PENYELESAIAN WANPRESTASI DARI PEMBAYARAN KREDIT DI LPD DESA PAKRAMAN LEBIH GIANYAR Nyoman Arnawa, I Gusti Ngurah; -, Adiwati; Mudana, I Nyoman
Kertha Desa Vol. 01, No. 01, Maret 2013
Publisher : Kertha Desa

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Abstract

Village Credit Institutions is belong of custom village that specified in the awig-awig and perarem of custom village. In return of credit at Credit Institutions village, people more tend to pay off all their loans in the Village Credit Institutions rather than custome penalized because according to their that custom sanctions they will faced by the public. And if the Village Credit Institutions difficulty in collecting the loan hence the Village Credit Institutions will bestow to the custom village. Customary sanctions to be awarded it depends on from the result of custom village meeting which may in the form of seizure of the wealth of the borrower's credit, and others.
PENGATURAN PIDANA MINIMUM KHUSUS DALAM UNDANG-UNDANG NO. 31 TAHUN 1999 JO UNDANG-UNDANG NO. 20 TAHUN 2001 TENTANG TINDAK PIDANA KORUPSI Ida Bagus Suandi Yaya Manuaba; Adiwati -
Kertha Wicara : Journal Ilmu Hukum Vol. 03, No. 01, Maret 2014
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

In the contacts of law enforcement towards coruption which is categorize as extraordinary crime which resulting in social gap, economy, the lost of faith towards the government and various problems which led to the bear of law no. 31 of 1999 jo lawno. 20 of 2001 about coruption. The determination of minimum sanction in the regulation of coruption is an effort to arrange regulation for the eradication of corruption in Indonesia where in the regulation there has not been any guidelines andregulation towards the minimum sanction. The purpose of this wrinting is to acknowledge how the judge verdict the minimum sanction toward the actor of coruption without using the guidelines of specific minimum sanction, the judge could use interpretation methods through law findings towards norms which has not existed before.
AKIBAT HUKUM TERHADAP OBYEK JAMINAN FIDUSIA YANG SUDAH DIALIHKAN SEBELUM JAMINAN FIDUSIA DIDAFTARKAN Putu Gede Surya Eka Prayuda; Adiwati -; I Nyoman Mudana
Kertha Wicara : Journal Ilmu Hukum Vol. 02, No. 02, April 2013
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

Birth of fiduciary guarantee is the same date as the date of registration fiduciary guarantee. Before fiduciary guarantee registered, the position of fiduciary recipients is very weak. So, to acquire the legal certainty, the fiduciary guarantee must be registered. Fiduciary recipient who have registered will acquire benefit as preferent creditors, while fiduciary recipient who have not registered serve as concurrent creditors. And fiduciary guarantee also has the power executorial, creditors as fiduciary recipient have the right to execute the guarantee object if the debitor is default
HAK DAN KEWAJIBAN PARA PIHAK DALAM TRANSAKSI JUAL BELI ONLINE Made Indah Puspita; Adiwati -
Kertha Semaya : Journal Ilmu Hukum Vol. 02, No. 03, Juni 2014
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

This paper, entitled 'Rights and Obligations of the Parties to the Sale and Purchase Transactions Online. This paper aims to find out anything what rights and obligations of consumers and businessmen in doing online transaction. In the writing of normative legal research methods to approach legislation. The conclusion that can be drawn in this paper is the consumer's rights set out in article 4, consumer obligations stipulated in Article 5, the right of entrepreneurs set out in article 6, and the obligations of business operators governed by Article 7 of Law No. 8 of 1999 on Consumer Protection.
PELELANGAN ATAS BARANG JAMINAN GADAI DALAM HAL TIDAK MENCUKUPI PELUNASAN HUTANG DEBITUR PADA PT. PEGADAIAN (Persero) DI KOTA DENPASAR Luh Nardian Andryanthi; Adiwati -; I Ketut Westra
Kertha Semaya : Journal Ilmu Hukum Vol. 01, No. 03, Mei 2013
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

In this paper was reviewed about an auction for pawning guaranteed goods in term of unfulfilled settlement of debtor’s obligation in PT. Pegadaian (Persero) at Denpasar city. The method which was used by the researcher in this paper writing was descriptive method. This paper was arranged based on empirical legal research. The regulation was used in this paper were Kitab Undang-Undang Hukum Perdata (Burgerlijk Wetboek) and Pedoman Operasional Kantor Cabang Pegadaian. The result of this research was a problem which faced out by Pegadaian in pawning practice mostly in low intensity of buyer interest. However the quite high settled basic price form main office of Pegadaian and the auction’s goods did not sell out could affect the unfulfilled debtor’s obligation settlement. Therefore, it was possible for Pegadaian to do persuasive approach to the debtor’s for paying their remnant obligation. However, if the debtor’s could not pay their obligation, the auction goods would be bought by Pegadaian and be the company asset.
PELAKSANAAN ROYA PARSIAL DI KANTOR PERTANAHAN KABUPATEN GIANYAR TERHADAP HAK TANGGUNGAN BAGI PENGEMBANG YANG MENERIMA KREDIT KONSTRUKSI BPR SUKAWATI PANCAKANTI KABUPATEN GIANYAR I Made Wisnu Saputra; Adiwati -; I Nyoman Mudana
Kertha Semaya : Journal Ilmu Hukum Vol. 02, No. 03, Juni 2014
Publisher : Fakultas Hukum Universitas Udayana

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Abstract

Implementation of housing and residential development undertaken by private developers organized. In doing the residential development business, developers need support from banks as creditors which gives a construction loan. As collateral to get a construction loan from the bank, the developer canuse the location of land to be built housing project, following the buildings that will be erected on the land. Simultaneously when the developers doing development, developers can directly make sales units built houses to home buyers, buyers in making purchase of housing units from the developer, the payment can be by cash or credit. With the unsold units, then the developershould be split parent certificate for a certificate per housing unit on behalf of the buyer. Because the burden of mortgage certificates, then to split certificates per unit on behalf of the buyer, must go through roya partial or partial removal of the mortgage. Based on the real nature of the law or in accordance with the reality of life in the community. BPR issued a roya partial on housing units that are paid to the developer can then split the certificate to the land office.
Co-Authors I Gusti Ngurah Nyoman Arnawa I KETUT WESTRA I Made Wisnu Saputra I Nyoman Mudana Ida Bagus Suandi Yaya Manuaba Luh Nardian Andryanthi Made Indah Puspita Putu Gede Surya Eka Prayuda