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All Journal Jurnal Konstruksi Hukum International Journal of Law, Crime and Justice
Aurora Mayawa Rissandjani
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Harta Bersama Sebagai Objek Jaminan Perjanjian Kredit Bank Aurora Mayawa Rissandjani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.1.4412.160-165

Abstract

Social beings are part of domestic development, so is the need for investment. It's almost unbelievable an event if there is no credit agency. In the case of an engagement by a third party, it is stated that a credit agreement with collateral for joint assets carried out by a husband or wife must obtain the spouse's permission by means of participation during the ratification of the engagement. However, a conflict will arise if legal steps are carried out involving joint property without the permission of one of the partners, so it is not in sync with the applicable process. The purposes of this study are to analyze the validity of the use of joint assets as collateral without the consent of the husband or wife, the legal consequences of guaranteeing joint assets in a bank credit agreement without the consent of the husband or wife and legal settlement due to the guarantee of joint assets without the permission of the husband or wife. This type of research is normative legal research with a case and conceptual approach. Legal sources are primary and secondary legal sources, while data collection techniques are carried out by examining existing library materials which are then analyzed systematically. In this study, it was found that when carrying out a credit agreement by insuring joint assets, it must be recognized by both parties between the wife and husband and if it violates the subjective conditions, it can be canceled
Civil Liability of Palm Oil Companies for Environmental Damage Aurora Mayawa Rissandjani; Ni Made Jaya Senastri; Ni Komang Arini Styawati
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.956

Abstract

This study aims to analyze the harmonization of the principle of strict liability and the principle of onrechtmatige daad in civil liability for environmental damage caused by corporate waste, as well as corporate liability for environmentally friendly products that cause environmental damage. This study employs a normative legal research method using legislative, conceptual, and case-based approaches. The results of the study indicate that the harmonization of these two principles can strengthen the enforcement of environmental law through more effective legal protection for victims of pollution. The principle of strict liability provides an easier burden of proof for victims without requiring them to prove an element of fault, while the principle of onrechtmatige daad continues to serve to assess the existence of a legal violation, negligence, and a causal relationship. Furthermore, the application of strict liability to eco-friendly products plays a crucial role in preventing greenwashing practices, enhancing corporate accountability, and promoting the principles of environmental precaution and sustainability. The harmonization of these two principles reflects the values of justice, legal certainty, and the public interest in achieving environmental protection and sustainable development.
Co-Authors Ni Komang Arini Styawati Ni Made Jaya Senastri Ni Made Puspasutari Ujianti Putu Budiartha, I Nyoman