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Problems Solving of Credit with Liability Which Owner Has Died Hepy Hapsari Hapsari; Sukarmi Sukarmi
Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.527 KB) | DOI: 10.30659/sanlar.2.3.169-177

Abstract

The purpose of this study was to: 1) To identify and analyze the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) To identify and analyze the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analysis method. Based on the results of data analysis concluded that: 1) the implementation of the settlement of non-performing credits are collateralized with mortgage collateral while the owner died. 2) the role of the Notary of the Installation Encumbrance with Certificate Name Properties that have made the process dies down to the Expert Heir based Justice. 
Notary Authority in Installing Mortgage as Effort to Settle Bad Credit (Second Way Out) Agung Nugroho; Sukarmi Sukarmi
Sultan Agung Notary Law Review Vol 2, No 2 (2020): June 2020
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (767.311 KB) | DOI: 10.30659/sanlar.2.2.91-96

Abstract

The role of a notary is very important in helping to create legal certainty and protection for the community, because a notary as a general official has the authority to make authentic deeds, as long as the making of the authentic deed is not specific to other public officials. The implementation of the Deed of Granting Mortgage Rights to Banks is inseparable from the role of the Notary and Land Deed Making Official (PPAT). Activities between the bank and the debtor who transfer the Guarantee Rights guarantee are very interested in making an agreement between them. The approach method used in this study is a sociological juridical approach and is included in descriptive-analytical legal research. The data source used is primary data. The data source used a purposive sample which focuses on selected informants who are rich in cases for in-depth studies. The results of this study are as follows: (1) Installation of Mortgage with APHT which is the authority of the PPAT position in accordance with the provisions of the UUHT is sufficient to be preceded by an underhand Credit Agreement; (2) The notary has a preventive role in credit settlement, ensuring that the rights and obligations of the parties are equally well fulfilled and legally protected and (3) The legal consequence of the installation of the Mortgage is that the Bank can carry out an auction for the execution of the Mortgage through a second way out. If the debtor is stuck. Banks do not need to ask the debtor for approval if they are going to conduct an auction.
PUTUSAN KPPU SEBAGAI DASAR DALAM GUGATAN KELOMPOK (CLASS ACTION) ATAS PENGEMBALIAN KERUGIAN KONSUMEN AKIBAT PELANGGARAN PERSAINGAN USAHA TIDAK SEHAT Sukarmi Sukarmi
Arena Hukum Vol. 14 No. 1 (2021)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2021.01401.6

Abstract

AbstractThis study aims analyze the KPPU's decision as the basis for class action in court in demanding compensation for violations of unfair business competition, and the juridical obstacles in examining group claims based on the KPPU's decision. This is normative legal research using statutory and case approach. The results shows that the KPPU's decision can be used as the basis for a class action lawsuit in court in the context of demanding compensation for consumer losses caused by violations of business competition as long as the KPPU's deliberations and decisions include preliminary evidence of public (consumer) loss and meet the general requirements for a class action lawsuit. The juridical obstacles really depend on the level of understanding of the judges and also the documents and / or case files from the KPPU as evidence of consideration of consumer losses. AbstrakPenelitian ini bertujuan untuk menganalisis putusan KPPU sebagai dasar gugatan kelompok (class action) di pengadilan dalam menuntut ganti rugi akibat pelanggaran persaingan usaha tidak sehat, serta hambatan yuridis dalam pemeriksaan gugatan perwakilan kelompok yang didasarkan pada putusan KPPU. Penelitian hukum normatif ini menggunakan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian menunjukkan bahwa putusan KPPU dapat dijadikan dasar gugatan class action di Pengadilan dalam rangka menuntut ganti rugi atas kerugian konsumen yang disebabkan oleh pelanggaran persaingan usaha sepanjang dalam pertimbangan dan putusan KPPU mencantumkan adanya bukti awal adanya kerugian masyarakat (konsumen secara luas)  dan memenuhi persyaratan umum untuk dilakukan gugatan perwakilan (class action). Hambatan yuridis yang dialami pengadilan tentunya sangat bergantung pada tingkat pemahaman hakim dan juga dokumen dan/atau berkas perkara dari KPPU sebagai bukti adanya pertimbangan terhadap kerugian konsumen.
OPTIMIZING THE ROLE OF SiPENA AS AN INTEGRATED DISPUTE RESOLUTION FOR DIGITAL ECONOMY IN INDONESIA Reka Dewantara; Sukarmi Sukarmi; Nurul Ula Ulya
Kanun Jurnal Ilmu Hukum Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i1.24527

Abstract

Start-ups (e-commerce and financial technology) and direct commerce activities for goods and services through social media such as Instagram and Facebook are the prime actors as well as major contributors in the success potential of digital economy. Yet, there is a serious unsolved problem in activities of digital economy, with the non-existence of an integrated mechanism of dispute resolution in all sectors of digital economy. This is also muddled by overlapping regulations, as in the case of Government Regulation 80 of 2019 on Commerce through Electronic Systems (PP PMSE) that delegates compensation to the Trade Ministry, while the Law on Consumer Protection delegates compensation to the BPSK. Further, PP PMSE has not yet accommodated mechanisms of compensation and sanctions. The recommendation of this research is the optimization of the role of SiPENA as an integrated system for the resolution of disputes of digital economy in all sectors in the non-litigation path and its integration with E-Court in the litigation path.
Philosophical Underpinnings of Social Insurance Mechanisms within the Framework of Health Insurance Theta Murty; Sukarmi Sukarmi; Yenny Eta Widyanti; Amelia Sri Kusuma Dewi
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.3665.pp303-317

Abstract

Indonesia, as a country that adheres to the concept of a welfare state, seeks to achieve social welfare development by implementing a national social security system, particularly health insurance, managed by the Health Social Security Administration Agency (BPJS). It is regulated in Article 19, paragraph 1 of Law No. 40 of 2004 concerning the National Social Security System (SJSN). The fundamental principles of social insurance include mandatory participation, equitable health coverage, and contributions proportional to income. The philosophical issue at hand is whether implementing health insurance via the social insurance mechanism effectively guarantees the interests of the community while upholding the values of welfare and justice, as prescribed by the concept of the welfare state. This paper analyses the philosophical foundation underlying social insurance as a mechanism for implementing health insurance in Indonesia. This study employs normative research methods, utilising legislation as the analytical starting point. A philosophical examination is necessary to understand why, after a decade of implementing national health insurance, the state's goal of achieving welfare and social justice in health services for Indonesian citizens remains unmet. This analysis seeks to identify new mechanisms to fulfil the goals outlined in Law No. 40 of 2004.
Penerapan Model Cooperative Problem Solving untuk Meningkatkan Kerjasama Tim pada Pembelajaran IPS Asep Wibowo; Siti Wahidah Hayati; Sundari Sundari; Sukarmi Sukarmi; Rustam Widaryanto; Muslimah Muslimah
JURNAL ILMIAH RESEARCH STUDENT Vol. 2 No. 2 (2025): September
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jirs.v2i2.5911

Abstract

The purpose of this study is to describe the steps, advantages, and disadvantages of implementing the Cooperative Problem Solving learning model in social studies lessons at Madrasah Tsanawiyah Negeri 4 Klaten Regency and Madrasah Tsanawiyah Negeri 5 Karanganyar. This study used a qualitative approach. The subjects of this study were teachers. Data collection techniques included interviews, observation, and documentation. The results of this study are as follows: 1) The steps of the Cooperative Problem Solving model include: the teacher divides students into groups of 3-4 students, the teacher explains the learning procedures, clarifies the problem, elicits opinions, evaluates and selects, and implements; 2) The advantages of the Cooperative Problem Solving model are that it makes education in school relevant to real life, helps students develop the habit of addressing problems in real life, fosters creative and comprehensive thinking processes in students, trains students to identify and conduct investigations, and provides students with opportunities to apply their knowledge in real-world contexts; 3) The disadvantages of the Cooperative Problem Solving model are that when students lack interest and do not believe that the problems being studied can be solved, they may become reluctant to try. Changing students' learning habits from passively listening to and receiving information from the teacher to actively thinking and solving problems on their own or in groups can be challenging, especially when it requires accessing various learning resources. The teaching and learning process using this method often requires a significant amount of time.