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Journal : Ranah Research : Journal of Multidisciplinary Research and Development

Akibat Hukum Pencairan Kredit Fiktif Dengan Menggunakan Covernote (Studi kasus putusan Pengadilan Negeri Pangkal Pinang Nomor 21/Pid.sus Tpk/2021/PN PGP) Syahida, Jeri Gunarko; Fendri, Azmi; Syam, Misnar
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 3 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i3.1406

Abstract

Covernotes are not regulated by the Notary Position Law (UUJN), so as a result of the existence of a covernote general legal provisions apply, both civil and criminal. Covernotes can be considered not included as authentic deeds because they are not regulated and stipulated in statutory regulations. Covernotes are not regulated by the Notary Position Law (UUJN), so as a result of the existence of a covernote general legal provisions apply, both civil and criminal. Covernotes can be considered not included as authentic deeds because they are not regulated and stipulated in statutory regulations. 1) The legal position of notary covernotes in credit agreements: covernotes should not be used as a basis for credit disbursement because covernotes are basically only temporary collateral. In most cases, the covernote made by the notary only serves as proof that the certification process is still ongoing. Covernote does not have a legal umbrella because it is not regulated in the laws and regulations, either the Banking Law or UUJN. As a result, criminally applicable legal provisions will apply. 2) The judge saw that the charges against the defendant notary Gemara Handawuri were based on Article 3 of the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes, which states that the violations committed constitute a criminal act of corruption. The judge has decided to sentence notary Gemara Handawuri based on the testimony of the defendant, witnesses and evidence that provides conviction. 3) The creditor does not know how long the Cover Note will last, so there is no confidence in how long the certificate will last.
Perlindungan Hukum Bagi Pihak Yang Dirugikan Akibat Terjadinya Persekongkolan Tender Iqbal, Muhammad; Syam, Misnar; Yasniwati, Yasniwati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 3 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i3.1446

Abstract

Opportunities for government infrastructure development require procurement of goods and services, the regulation of procurement of goods and services is regulated in Presidential Regulation (Perpres) Number 12 of 2021 concerning Government Procurement of Goods and Services. In this opportunity for procurement of goods and services, the government has an opportunity for a tender process, in tender procurement sometimes a tender conspiracy arises. This tender conspiracy is regulated in Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, there has been a tender conspiracy that has harmed job owners, business actors and the community. Problem Formulation (1) What is the legal protection for parties who are harmed due to tender conspiracy in the procurement of goods and services? (2) What are the indications of tender conspiracy in the hearing of the Business Competition Supervisory Commission? The research method used is Normative Jurisprudential, the type of data used is secondary data, to obtain secondary data, primary legal material data sources and secondary legal materials are used, data collection techniques are literature studies and interviews, qualitative analysis data analysis techniques. The results of the study (1) the form of protection provided to the injured parties in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, namely providing protection by imposing large fines and hoping to provide a deterrent effect on business actors (Reported). (2) The indications contained in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022 are that there are indications that several participants are involved in one control, which can be seen from the similarity of the technical documents they submit. In addition, there is suspicion of collusion during the implementation and evaluation process, including, the tender winner who subcontracts the work to another company or the losing tender participant. At the evaluation and determination stage of the tender winner, there were also indications that the committee tended to give privileges to certain participants. Furthermore, when submitting objections, the committee did not seem to respond to complaints from tender participants, which further strengthened the suspicion of collusion.