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PERLINDUNGAN HUKUM TERHADAP KREDITUR PENERIMA FIDUSIA AKIBAT OBJEK JAMINANNYA DISITA NEGARA MELALUI PUTUSAN PENGADILAN (Studi Putusan PT No. 315/PDT/2015/PT.MDN) Muhammad Taufik Zas; Ida Nadirah; Bachtiar Simatupang
Al-MURSALAH Vol. 6 No. 1 Januari-Juni 2020
Publisher : STAI Tapaktuan

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Fiduciary collateral is a guarantee for tangible and intangible movable objects given by the debtor to the creditor as the recipient of fiduciary collateral to guarantee repayment of the debtor's debt to the creditor in a loan agreement at the bank.The binding of fiduciary collateral results in the creditor having the preferred position of the fiduciary collateral object to execute the fiduciary collateral object in paying off the creditor's receivable.Confiscation of fiduciary collateral objects by the state through a court ruling that has permanent legal force because the debtor's mistake is not the responsibility of the creditor, and the creditor can file resistance (verzet) on the confiscation of the fiduciary collateral object. The results indicate that the implementation of a financing agreement with fiduciary collateral in a finance company PT. OTO MULTIARTHA is a customer obliged to fill out a loan application form completely by filling in his identity based on the data contained in the resident identification card and family card, the type of goods to be financed, the amount of the down payment, the installment period, the amount of installments each month, then the customer sign the application for credit and is also signed by the guarantor, both husband and wife, or the biological parent / guardian of the applicant.The legal status of the fiduciary collateral object which was confiscated by the state through a court decision related to criminal cases of conservation of biological natural resources and their ecosystems is the property of PT. Oto Multiartha and must be returned by the state through a court decision to PT. Oto Multiartha,because the debtor's debt has not been paid off and analysis of Medan District Court's Decision No. 315/PDT/2015/PT.MDN in the Case of Confiscation of Fiduciary Collateral Object in the form of a Car of Daihatsu Xenia which instructs to return the fiduciary security object in the form of 1 (one) unit car of Daihatsu Xenia is in accordance with applicable legal provisions under Articles 20 and 24 of Law No. 42 of 1999 concerning fiduciary collateral and also based on Article 194 and paragraph 6 of Article 195 of Criminal Code and Article 574 of Civil Code.

EXCLUSIVE INTELLECTUAL PROPERTY HOLDER IN LEGAL PERSPECTIVE PROHIBITION OF MONOPOLY PRACTICES AND BUSINESS COMPETITION Ida Nadirah; M Arkansyah
Proceeding International Seminar of Islamic Studies INSIS 3 (February 2022)
Publisher : Proceeding International Seminar of Islamic Studies

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The holder of exclusive intellectual property rights is a legal subject who has special rights because the holder can make, use, sell, import, export, lease, deliver and distribute all of his work. This enormous power is very close to the nature of a prohibited monopoly in perspective Anti-monopoly Law and Business Competition. This study aims to explain the legal position of the exclusive right holder of intellectual property rights and to find out the anti-monopoly legal arrangements for the holders of exclusive intellectual property rights.This research is a normative juridicalresearch with descriptive analysis with a statutory approach that uses secondary data and is analyzedqualitatively. The position of exclusive intellectual property rights is clearly regulated in the Copyright Law, Patent Rights, Trademark Rights, Industrial Design Rights, Integrated Circuit Layout Design Rights and Trade Secrets.Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Business Competition that there are several monopolies that are allowed, namely in the form of actions or agreements aimed at implementing applicable laws and agreements. One of the laws is intellectual property law as regulated in Article 50 b of Law No. 5 of 1999 with the stipulation that the exclusive rights contained in the law do not cause unfair business competition and can harm the public interest.Keywords:Exclusive Rights, Intellectual Property, Prohibition of Monopolistic Practices and Business Competition

INTELLECTUAL PROPERTY RIGHTS LAW CHALLENGES IN NEW NORMAL ERA Ida Nadirah
Proceeding International Seminar of Islamic Studies INSIS 2 (January 2021)
Publisher : Proceeding International Seminar of Islamic Studies

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The global world is currently facing a very difficult period due to the outbreak of the SARS-CoV-2 coronavirus pandemic or commonly known as covid 19. Several aspects of community life such as economy, education and health have decreased because all human activities are limited and they carry out more activities in house. Indonesia must be ready to face the challenges of this situation by preparing Intellectual Property Rights Law which can fulfill the interests of all Indonesian people. This juridical normative research is sourced from secondary data or library data that comes from online and offline library materials. In the current era of digitalization, intellectual property rights are a creative industry that is very fundamental in driving economic growth. Intellectual Property Rights are resources that are based on the intellectual ability of a person which is then manifested in the form of creative works in the fields of science, art and technology. There are many challenges that will be faced in the application of intellectual property rights in this digitalization and new normal era because of the different characteristics of Indonesian people who are not yet literate in Intellectual Property Rights Law. The government and stakeholders need to carry out reforms and socialization of intellectual property rights law, especially in the field of copyright and trademark rights that are in accordance with the culture of the Indonesian people to encourage economic development in this new normal era. Keywords: Challenges, Inteletual Property Rights, New Normal

Penyelesaian Sengketa Kredit Macet Melalui Pelaksanaan Pelelangan Aset Debitur Oleh PT. Bank Artha Graha Internasional, Tbk Medan Michael Willy Chandra; Sutiarnoto Sutiarnoto; Ida Nadirah
DE LEGA LATA: JURNAL ILMU HUKUM Vol 5, No 2 (2020): Juli - Desember
Publisher : Universitas Muhammadiyah Sumatera Utara

Financial institutions as one of the financial institutions have a strategic position because they participate in the provision of funds or credit needed to finance activities in the financial sector, besides that it is still a primary source of funds for everyone. Banks in the framework of this agreement often take steps to auction assets. The research method used is the type of normative legal research. Problems raised in this study, namely regarding the position of the debtor's assets as collateral in the credit agreement, the process of settlement of bad debts through the implementation of the debtor's asset auction, and auctioning auction assets related to Bank Artha Graha Internasional, Tbk Medan. The results showed that the existence of the debtor's assets as collateral in a credit agreement with PT. Bank Artha Graha Internasional, Tbk. Medan is used to settle bad credit disputes which is a bank's help to take repayment of credit agreements with the sale of assets of the debtor's guarantee through the auction auction method based on Law Number 4 of 1996.

Penyelesaian Hukum Sengketa Pajak Sakbanol Rahmansyuri; Ida Nadirah
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 12 No 2 (2024): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v12i2.980

Sengketa pajak terjadi karena ketidaksamaan presepsi atau perbedaan pendapat antara Wajib Pajak dengan petugas pajak mengenai penetapan pajak terutang yang diterbitkan atau adanya tindakan penagihanyang dilakukan oleh Direktorat Jenderal Pajak. Adapun tujuan penelitian ini adalah untuk mengetahui penyelesaian hukum sengketa pajak dengan menggunakan metode Normatif yang bersumber dari bahan bacaan baik buku referensi, Doktrin hukum maupun Undang-Undang Untuk menyelesaikan Sengketa Pajak yang dapat dilakukan Wajib Pajak adalah meliputi proses keberatan, banding, peninjauan kembali, dan gugatan. Upaya hukum keberatan atas ketetapan pajak diajukan ke Direktorat Jenderal Pajak, sedang upaya hukum Banding dan Gugatan diajukan ke Pengadilan Pajak (PP). Penyelesaian sengketa pajak selain dapat diselesaikan melalui lembaga tidak murni yaitu lewat lembaga keberatan, juga dapat di selesaikan oleh lembaga pengadilan pajak murni (yudikatif).

Kebijakan Hukum Pajak Pertambahan Nilai Siagian, Hamzah; Ida Nadirah
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 12 No 2 (2024): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v12i2.982

Salah satu sumber penerimaan negara yang memiliki potensi yang tinggi, pajak diharapkan dapat menggerakkan perekonomian negara Tujuan penelitian ini untuk mengetahui Kebijakan Hukum Pajak Pertambahan Nilai dengan menggunakan metode Normatif dengan menggali sumber bacaan dan riset kepustakaan serta doktrin Para Ahli dalam hal politik hukum Kebijakan Hukum Pajak Pertambahan Nilai adapun hasil penelitian adalah Kebijakan Pajak Pertambahan Nilai menyesuaikan prinsip Indonesia yaitu Gotong Royong dengan berkeadilan yang diatur Undang-undang Nomor 7 Tahun 2021 tentang Harmonisasi Peraturan Perpajakan yang menyatakan bahwa ada nya kenaikan Pajak Pertambahan Nilai yang semula 10% mengalami kenaikan menjadi 11% bahkan akan terus meningkat hingga 12% di tahun 2025 mendatang. UU yang dibuat bertujuan untuk meningkatkan penerimaan pajak dan mendukung program-program pemulihan ekonomi yang lebih luas berdasarkan asas kekeluargaan

The Role of The Indonesian Insurance Mediation Body (BMAI) in Resolving Insurance Conflicts Elyani, Elyani; Ida Nadirah; Maria Rosalina
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.475

In this paper, we will review the regulation of insurance in Indonesia and the role played by the Indonesian Insurance Mediation Agency (BMAI) in resolving insurance-related conflicts. This research uses normative legal research methods. According to the definition of Soerjono Soekamto, method is a process, principles, and procedures for solving problems. This research is conducted through a careful, thorough, and comprehensive examination of certain phenomena with the aim of increasing human understanding. The regulation of the insurance industry in Indonesia is regulated by Law Number 40 of 2014 concerning Insurance, while Law Number 30 of 1999 regulates arbitration and alternative methods of conflict resolution. Differences of opinion between the parties involved are often the cause of conflicts in this context. The Indonesian Insurance Mediation Agency (BMAI) has been actively involved in resolving insurance conflicts since 2006. BMAI is a legal entity based on Pancasila and based on the 1945 Constitution, which operates independently and is neutral. BMAI plays a role in resolving conflicts, especially in the field of insurance in Indonesia through mediation, education, and arbitration processes.

Legal Analysis of Bankruptcy Dispute Resolution Against Boedel Bankruptcy Through Actio Pauliana Mangatur Ruhut Banuara Sianipar; Ida Nadirah
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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In the division of law, bankruptcy and PKPU are included in the scope of civil law. Therefore, the Bankruptcy and Suspension of Debt Payment Obligations Law does not contain any criminal rules at all. Penundaan Kewajiban Pembayaran Utang (PKPU) is regulated in Law No. 37 of 2004, namely in articles 222-294. According to article 222, a Debtor if he is unable or expects to be unable to continue to pay his debt that is due and collectible, may request a postponement of the debt payment obligation. The purpose of postponing debt payment obligations is generally to propose a peace plan that includes an offer to pay all or part of the debt to the Concurrent Creditor, while the purpose is to enable a debtor to continue his business, despite payment difficulties, and or avoid bankruptcy. Bankruptcy is a situation in which the debtor does not make payments on the debts of its creditors. This situation is caused by the difficulty of the financial distress of the debtor's business which has experienced a setback. In Black's Law Dictionary we can see that the definition of bankruptcy is associated with the inability of a person to pay his debts that have become due. Such inability must be accompanied by a concrete action to file, either voluntarily by the debtor himself, or at the request of a third party, an application for a declaration of bankruptcy to the court. One of the efforts to protect creditors in bankruptcy is with Actio Pauliana. Actio Pauliana has since been regulated in Article 1341 of the Civil Code. Actio Pauliana is the right given to a creditor to advance the cancellation of all acts that are not required to be done by the debtor, while the debtor knows that by his actions the creditor is harmed. This right is a protection provided by law for creditors against the debtor's actions that can harm creditors.

Legal Analysis Of Business Disputes In Marriage On The Ownership And Distribution Of Common Property Beby Sendy; Ida Nadirah
International Journal of Society and Law Vol. 3 No. 1 (2025): April 2025
Publisher : Yayasan Multidimensi Kreatif

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In the division of law, bankruptcy and PKPU are included in the scope of civil law. Therefore, the Bankruptcy and Suspension of Debt Payment Obligations Law does not contain any criminal rules at all. Penundaan Kewajiban Pembayaran Utang (PKPU) is regulated in Law No. 37 of 2004, namely in articles 222-294. According to article 222, a Debtor if he is unable or expects to be unable to continue to pay his debt that is due and collectible, may request a postponement of the debt payment obligation. The purpose of postponing debt payment obligations is generally to propose a peace plan that includes an offer to pay all or part of the debt to the Concurrent Creditor, while the purpose is to enable a debtor to continue his business, despite payment difficulties, and or avoid bankruptcy. Bankruptcy is a situation in which the debtor does not make payments on the debts of its creditors. This situation is caused by the difficulty of the financial distress of the debtor's business which has experienced a setback. In Black's Law Dictionary we can see that the definition of bankruptcy is associated with the inability of a person to pay his debts that have become due. Such inability must be accompanied by a concrete action to file, either voluntarily by the debtor himself, or at the request of a third party, an application for a declaration of bankruptcy to the court. One of the efforts to protect creditors in bankruptcy is with Actio Pauliana. Actio Pauliana has since been regulated in Article 1341 of the Civil Code. Actio Pauliana is the right given to a creditor to advance the cancellation of all acts that are not required to be done by the debtor, while the debtor knows that by his actions the creditor is harmed. This right is a protection provided by law for creditors against the debtor's actions that can harm creditors.

Legal Protection for Victims of Extortion Crimes: A Study at the Medan Polrestabes Dini Ramadani Sinaga; Onny Medaline; Ida Nadirah
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Cybercrime is becoming increasingly complex in today's digital era, one of which is sextortion, which poses a serious threat to the security and privacy of individuals, particularly women and children. Sextortion is a technology-based sexual crime that exploits a victim's intimate data for blackmail. This study aims to determine the form of sextortion crime, to determine legal protection for victims of sextortion crimes and to determine the obstacles in efforts to provide legal protection for victims of sextortion crimes. This type of research uses an empirical legal research approach. The nature of the research used is descriptive analysis. Using the method of legislative approach related to the legal issues being studied. The results of this study indicate that the legal protection provided to victims of sextortion by the police, including: Provision of legal assistance, Confidentiality of victim identity, Arrest of perpetrators with preliminary evidence, Provision of other assistance in the form of health services, Rehabilitation efforts. Legal protection for victims of crime is an effort to restore losses suffered by victims. Legal regulations in Indonesia cover various aspects of community life in Indonesia, one example is the formation of various Government Regulations and Laws that regulate and guarantee the security of the continuity of community life. For the obstacles themselves there are no, but for the difficulty in revealing this case (profiling), investigators find it difficult to communicate with the victim, where the victim feels embarrassed when communicating because of the problems he experiences which cause fear, anxiety and trauma that he feels during this case.

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