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The Notary Role of Binding Guarantee on Land Rights in Credit Take Over Between Different Banks Suyitno Suyitno; Nizar Anwar; Gunarto Gunarto
Jurnal Akta Vol 6, No 1 (2019): March 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i1.4233

Abstract

This study aims to: 1) to analyze the role of the notary on the binding guarantees the right to land in the credit of take over between different banks. 2) to analize the mechanismof binding process guarantees the right to land in the credit take over between different banks. The data used in this study are primary data, secondary data and data tertiary to support the process of this research, which was then analyzed by descriptive analysis method.Based on the results of data analysis can be concluded that: 1) relating the fine refinance loan, then the role of the Notary / PPAT should be promoting the principle of "Caution", because practice is very prone to take over the occurrence of consequences Particularly in binding legal guarantees and the imposition of Mortgage. 2). Take Over of credit can be done by way of subrogation, as well as a guarantee in the form of mortgage can be switched by-law without the need for plug. This is regulated in Article 16 Paragraph (1) of Act No. 4 of 1996 on Mortgage. But in practice, many banks are willing to take risks on lending without a guarantee that the imposition of Rights is not perfect dependents.Keywords: Role of the Notary; Binding Guarantee; Land rights; Credit Take Over
Implementation Of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study On Jurisdiction Central Java Regional Police) Nizar Anwar; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5556

Abstract

This study, entitled "Implementation of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study In Region Central Java Regional Police)". Based on the description in this thesis, that will be examined are: 1). How does the application of criminal sanctions against the crime of mining without a license in the jurisdiction of the Central Java Regional Police? 2). Is it true that criminal sanctions against mining without permission a criminal offense can be a deterrent effect? 3). How the barriers and solutions so the application of criminal sanctions against the crime of mining can be a deterrent effect?The study concluded that: 1). Penal provisions against the crimes mining unlicensed / illegal mining regulated in Act Number 4 of 2009 on Mineral and Coal, under Article 158, Article 160 Paragraph (1) and Paragraph (2), Article 161, Article 163 Paragraph ( 1) and Paragraph (2), and Article 164. 2). Act Mineral and Coal just set the maximum threat. This is impacting on the demands of the Public Prosecutor and the decision to be handed down by the judge. In the absence of a minimum penalty, the prosecutors and the judge may impose demands and the decision to a penalty is low, so it is feared not give deterrent effect to the perpetrators of illegal mining. 3). Mining Law there are four (4) weakness which some contradictory to each other, namely: a). In Article 169 (a) regarding the validity of the Contract of Work. b). Act Number 4 Of 2009 on Mineral and Coal Mining (Mining Law) are not set on the Mining Authority (KP). c). Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs.Keywords: Sanctions; Criminal Act; Mining.