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Umul Khair

Sekolah Tinggi Ilmu Hukum Putri Maharaja Payakumbuh

Author-ID : 2559501

Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS PERJANJIAN PEMBIAYAAN KONSUMEN DAN AKIBAT HUKUM JIKA TERJADI WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DI INDONESIA Umul Khair
JCH (Jurnal Cendekia Hukum) Vol 3, No 1 (2017): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

In Article 1329 of the Civil Code, the agreement is divided into 2 (two) kinds, namely the named agreement (nominaat) and unnamed agreement (innominaat). Contracts or agreements develope at this time as a logical consequence of the development of business cooperation between business actors. In a treaty there is one part bind itself to another part. Consumer financing is an agreement not specifically regulated in the Civil Code, but since the book III of the Civil Code embraces an open system, parties may enter into agreements not specifically regulated in the Civil Code. The consumer financing agreement as an Innominaat agreement is also subject to general terms of agreement. In this study using normative research methods, where the authors can examine and can also learn the norms contained in legislation or norms that regulated the principle of freedom of contract according to the Civil Code so that in its implementation in accordance with applicable regulations. The results show how the implementation of consumer financing agreements in Indonesia and how the legal consequences in case of default in consumer financing agreements. First, basically the consumer financing agreement in Indonesia is conducted like other agreements in general. Consumer Financing Agreement is not like a sale or purchase agreement or a lease, but the consumer financing agreement is a combination of both applicable by the parties exercising the rights and obligations in the agreement as described above. Second, the result of the law in case of default, the agreement does not need to be requested for cancellation, but by itself has been null and void, but the provisions of Article 1266 paragraph 2 explain that the consequences of the law of default are not null and void, but must be annulled to the judge. Subsequently Article 1244- Article 1252 of the Criminal Code describes the compensation for default, namely, by paying the actual losses suffered, the fees used, and allowed to cease the expected loss of profits.

PELAKSANAAN HAK ASUH ANAK SETELAH TERJADINYA PERCERAIAN Umul Khair
JCH (Jurnal Cendekia Hukum) Vol 5, No 2 (2020): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Based on law, children under the age of ten, should be passed into their mother. Whereas for children over the age of ten have a right to choose, even though, in reality, they will be more is taken care of by their father. This study aims to find out how the implementation of child custody after the divorce occurred in the Jopang Manganti kenagarian?. In addition, the study was made to find out what obstacles arose in the implementation of child custody after the divorce took place in Jopang Manganti? As well as how is the solution to overcome the obstacles in the implementation of child custody after the divorce took place in Jopang Manganti? This study uses a sociological juridical approach which concludes that the implementation of child custody after the divorce in the Jopang Manganti religion is in fact incompatible with the decision of the religious court with the constraints. These constraints include: Lack of a sense of responsibility of the mother, the mental condition of the mother who is not ready to face divorce, lack of religious knowledge of the mother. The researcher also recommends that the solution to this obstacle is to give the mother an understanding of the responsibility that the child is entrusted by God. Another solution is to provide an understanding that not every divorce has a negative impact, increasing the understanding of religion that God has predestined divorce.

ANALISIS YURIDIS TERHADAP AKIBAT HUKUM PUTUSAN PERNYATAAN PAILIT BAGI DEBITOR TERHADAP KREDITOR PEMEGANG HAK TANGGUNGAN Umul Khair
JCH (Jurnal Cendekia Hukum) Vol 3, No 2 (2018): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

The research and discussion of the problems as outlined in this scientific work is done with the aim of knowing which legal provisions apply to the creditors holding the Mortgage Rights in the case of the decree of declaration of bankruptcy, considering there are two different legal provisions, namely Bankruptcy Law Number 37 of 2004 and Insurance Rights Act No. 4 of 1996. This research is a Yuridi Normative research. Data obtained through literature research. The purpose of library research is to obtain secondary data. Primary data obtained through library research, then the data were analyzed qualitatively. From the result of the research, it is known that the Commercial Court judge in determining the decision of bankruptcy statement based its decision on the provisions of Law No. 34 of 2004, and the judges use legal principle of lex posteriori derogate legi priori to determine which legal provisions should be applied. Thus, both the bankrupt debtor and the creditor are subject to the provisions of bankruptcy, so that the holder of the mortg who has the position of the preferred creditor can only exercise his / her right of execution of the burden of the mortgage for a period of two months after a ninety-day suspension period since the bankruptcy decision was pronounced.

IMPLEMENTATION OF COLLECTION OF NAD LOANS THROUGH AUCTION ON LIABILITY RIGHTS AS GUARANTEE IN PT. BPD SUMATERA BARAT Umul Khair; Ana Ramadhona; Edi Rosman
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.525

Basically, the granting of credit facilities can be done by anyone, as long as the person concerned has the ability to do so, through a loan agreement between the lender (creditor on the one hand) and the loan recipient (debtor on the other). However, in practice, the debtor always agrees to the loan agreement by the creditor even though the interest is very high. In order to guarantee the interests of the bank, the debtor is required to provide a guarantee/collateral to the bank PT. BPD West Sumatra is one of the banks that implement auctions as a way of resolving non-performing loans. The Bank will submit an auction to be executed by the State Property and Auction Service Office (KPKNL). So the procedure for settling bad loans through auctions at PT. BPD West Sumatra for example at Bank Nagari Payakumbuh Branch has complied with other banking regulations guided by the Regulation of the Minister of Finance in particular Article 6 and Article 20, as well as Regulation of the Minister of Finance No. 106/PMK.06/2013 concerning Amendments to the Regulation of the Minister of Finance No. 93/PMK.06/2010 concerning Instructions for Implementation of Auctions, and the object of Collateral that can be processed for auction is collateral that has been installed with Mortgage through the Office of the State Assets and Auction Service (KPKNL).

Co-Authors Ana Ramadhona Anny Yuserlina Edi Rosman

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