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<![CDATA[Pembatasan Kebebasan Berkontrak pada Perjanjian tidak Bernama dalam Bentuk Akta Notaris ]]>
<![CDATA[Devi, Fatma]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Yulfasni, Yulfasni]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.861
<![CDATA[This paper aims to determine control as freedom of contract in the system and the company's position in the engagement. The method uses normative juridical with primary and secondary data. Agreements or commonly called contracts in Indonesia, there are two types of classification when distinguished by name, namely name or name agreements and nameless agreements or named names. The two groups have their own definitions, requirements, elements and legal basis. Unnamed agreements generally grow and develop in society and in practice there are still those that do not have clear arrangements because anonymous agreements are legally recognized by law for their existence as a consequence of the form of agreements in Indonesia which are written and unwritten. The terms of the validity of the agreement, both subjective terms and objective terms, are generally applicable for nameless agreements and nameless agreements. Article 1338 of the Civil Code is the main pillar of the principle of freedom of contract, although in practice it is not free in the true sense, but free with limitations. The agreement made by the parties can be in the form of a private deed or an authentic deed, namely in the form of a Notary Deed and a private deed. The existence of an obligation to the public that certain contracts must follow the rules that have been determined by both the official who made it is one of the efforts for the state to have uniformity and ease of supervision or implementation. The role of a notary in making an anonymous deed agreement in a notarized deed is very useful and has perfect evidentiary power, both formal and material. A notary is a public official who frames the agreement of both parties or more, to make a deed agreement in the form of a notarial deed. The notary must pay attention to the clauses that are prohibited by law and must comply with the things that have been regulated by law.]]>
<![CDATA[Tanggung Jawab Notaris Terhadap Akta Nominee dalam Jual Beli Tanah (Studi Kasus Putusan Mahkamah Agung Nomor 1290 K/Pdt/2022) ]]>
<![CDATA[Prima, Ade Putra]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Mannas, Yussy Adelina]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.869
<![CDATA[The practice of nominee agreements is related to the principle of justice considering the interests of the parties involved. The nominee agreement is intended to provide all the authority that may arise in a legal relationship between the authorizing parties over a plot of land which according to land law cannot be owned by a foreign party which is then given to the indigenous people as the beneficiary. The notary as a public official is required to be responsible for the deed he made.]]>
<![CDATA[Analisis Putusan Hakim Terhadap Kasus Perlindungan Konsumen Bidang Perumahan dengan Sistem Syariah di Pengadilan Agama Bukittinggi (Studi Kasus Putusan Pengadilan Agama Bukittinggi Perkara Nomor: 604/Pdt.G/2020/PA. Bkt) ]]>
<![CDATA[Nur Idris, Muhammad]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Rembrand, Rembrand]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.897
<![CDATA[The aim of conducting research on Consumer Legal Protection in the Housing Sector in the City of Bukittinggi is as follows: 1. To find out the basic principles of Consumer Legal Protection in the Housing Sector using the Sharia System in the Event of Default by One of the Parties. 2. To find out the Judge's Decision on Consumer Legal Protection Cases in the Housing Sector with the Sharia System. In the research, the author took an empirical, descriptive, juridical approach. From the results of this research it is known that: 1. Indonesia as a country of law, legislation has provided the basis for legal protection for consumers. where the government guarantees legal certainty to protect citizens. In this case of default, the consumer as a buyer of one of the housing units has been harmed by the developer and has filed a lawsuit in the Religious Court. This is by the law where legal action can be taken if a default in the agreement occurs. the other is by filing a lawsuit in court. 2. Judge's Decision on Consumer Legal Protection Cases in the Housing Sector. In this decision, the opponent's application was rejected by the judge because he did not have proof of ownership of the land and house in the form of a certificate. However, in giving this decision, according to researchers, the judge did not give the maximum decision]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Pengguna Pinjaman Online Berbasis Financial Technology oleh Otoritas Jasa Keuangan ]]>
<![CDATA[Yulenrivo, Fakhri]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Yulfasni, Yulfasni]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.927
<![CDATA[Online loans are a common thing that occurs among the wider community today, one of which is legal and illegal online loans. The easy conditions for applying for a loan make many people tempted to apply for a loan, where with just a photo of their KTP and filling in their data, everyone can easily get funds quickly. OJK is an independent organization, free from interference from other parties, whose function is to provide an integrated regulatory and supervisory system for all activities in the financial services sector as well as providing legal defense as regulated in OJK Law no. 21/2011 Articles 28, 29, and 30. As well as in POJK No. 31/2020 and POJK No. 6/2022. The method in this research uses a normative and qualitative approach. The main data in this research is secondary data obtained from library materials or literature that is related to the research object. The research results obtained: 1. Legal protection for consumers using online loans based on financial technology in the laws and regulations that can be implemented, namely: preventive and repressive legal protection. 2. Legal/licensed online loans are under the supervision of the OJK and regulated by POJK Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services (POJK 10/2022).]]>
<![CDATA[Perlindungan Hukum bagi Kreditur dalam Penarikan Paksa Objek Jaminan Fidusia di PT. Astra Credit Companies Kota Padang ]]>
<![CDATA[Hasrul, Fajri]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Hasbi, Muhammad]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.934
<![CDATA[This study aims to identify and analyze forced withdrawals carried out by PT. ACC Padang Branch and the problems faced by the company in the process of forcibly withdrawing collateral objects. This research was conducted by juridical-empirical research. The data source for this research is primary data from key informants at PT. ACC Padang Branch and secondary data derived from legal reference sources. The results of the study at the ACC Padang Branch found that the forced withdrawals based on the two cases analyzed had been carried out according to the requirements stated in the UUJF and the Constitutional Court Decision Number 18/PUU-XVII/2019. Based on these two cases the debtor has defaulted and has no good faith to settle his obligations. This study found that the debtor had violated Article 23 UUJF, by transferring the collateral object without the creditor's approval. By UUJF, in this case, the creditor can not only make withdrawals but the debtor can also be punished according to Article 36 UUJF.]]>
<![CDATA[Pertanggungjawaban Pelaksana Operasional Badan Usaha Milik Nagari (BUMnag) Gadut Sejahtera Nagari Gadut Kecamatan Tilatang Kamang ]]>
<![CDATA[Hamidi, Syahrul]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Fauzi, Wetria]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.960
<![CDATA[The operational implementation of BUMNag Gastra experienced various problems which made it difficult to develop properly. These problems include, among others, the Human Resources Manager is still low, resulting in one of the accountability BUMNag not being carried out properly. Therefore the author examines the following problem formulation: 1) How is the Operational Implementation of BUMNag Gastra Nagari Gadut 2) What is the accountability of the Operational Executive of BUMNag Gastra Nagari Gadut. The research method that the author uses is Juridical Empirical, namely research that focuses on how the implementation of BUMNag Gastra Nagari Gadut operations in the field. The results of the research are presented in the form of descriptive analysis relying on primary data in the form of field data (interviews) supplemented by secondary data. As for the results of the author's research, it can be concluded, firstly, the operational implementation of BUMNag Gastra Nagari Gadut is still simple and not fully in accordance with management functions. The two accountability reports have not been properly presented, so they are not in accordance with legal objectives, namely certainty and justice. In the future, efforts are expected to promote BUMNag, namely 1) increasing human resources 2) increasing capital 3) instilling a sense of ownership of BUMNag which is still low. 4) improvement of facilities and infrastructure]]>
<![CDATA[Pelaksanaan Tanggung Jawab Sosial dan Lingkungan Perusahaan (Corporate Social Responsibility) oleh PT. Transco Energi Utama Di Kabupaten Pesisir Selatan ]]>
<![CDATA[Afif Alfianda, Muhammad]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Andora, Hengki]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.965
<![CDATA[PT. Transco Energi Utama is engaged in palm oil processing. The company was founded in 2018 and is one of the companies under PT. Incasi Raya Group. History of PT. Transco Energi Utama in distributing Corporate Social Responsibility (Corporate Social Responsibility) is not only concerned with the profits received, therefore in terms of distributing CSR PT. Transco Energi Utama wants to realize its social responsibility through careful planning. The research method used is Empirical Juridical, namely an approach based on field research to obtain primary data as the main data. In addition to field research, library research was also carried out to obtain supporting secondary data. The results of the research show that the implementation of Corporate Social Responsibility by PT. Transco Energi Utama in Pesisir Selatan Regency is implemented through the Community Care Program (PPM), with the first distribution carried out in 2019. PT. Incasi Raya Group as the parent company has the authority to decide on approval of the proposed forms of programs and the amount of CSR funds that have been determined by PT. Transco Energi Utama.]]>
<![CDATA[Kekuatan Hukum Perjanjian Pengikatan Jual Beli Perumahan yang Tidak Terlaksana Sebagaimana Mestinya ]]>
<![CDATA[Harefa, Kasran]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Andora, Hengki]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.971
<![CDATA[The legal force against the PPJB housing that is done by the P.T.Mutiara Peace made not in front of a notary in the form of a standard contract is weak and does not have a perfect legal force as the authentic act made in the presence of the notary. Such an agreement shall remain in force in that it is not contrary to the provisions of the law, the law and the common order. When the property is in the court of justice and because of its nature under the hand, then the proof is relative, that is, when the property has been admitted by the parties to its existence, the PPJB has the full legal force of proof, while for the party that does not admitt it then the power of evidence is handed over to the judge's consideration. And for them the parties of the Peace Mutiara with its buyer who perform PPJB in the presence of a notary in the form of an authentic act then the legal force is very binding and the value of the proof is perfect before the court. The position of PPJB in the sale of housing transactions between PT.Mutiara Peace with its buyer: First, that is made not in the presence of a notary in the form of a standard contract is already an agreement but its position is a preliminary agreement under the hand or called as the Preliminary Agreement for Sale of Sale. Second, for those parties that make the PPGB before the notary then the position is as an act whose nature is authentic in accordance with Article 1868 of the KUHPerdata or which is referred to as a contract of binding sale of sale.]]>
<![CDATA[Pembatalan Sertifikat Pelatihan Peningkatan Kualitas Jabatan Notaris Sebagai Syarat Pengangkatan Notaris (Studi Putusan Mahkamah Agung Nomor3P/HUM/2022) ]]>
<![CDATA[Delima Fitrah, Indah]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Fauzi, Wetria]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.983
<![CDATA[Through Supreme Court Decision Number 3 P/HUM/2022, the request for judicial review of Article 2 paragraph (3) letter of Minister of Law and Human Rights Regulation Number 19 of 2019 was granted, which implied canceling one of the conditions for appointing a Notary, namely a photocopy of the Quality Improvement Training certificate Notary Position. The research method used is normative juridical, with a case approach. The results of the author's findings are that the Supreme Court thinks that legal norms which have been tested and declared to conflict with higher laws and regulations and declared to have no binding legal force, may not be re-published in a regulation. After the Supreme Court Decision Number 3 P/HUM/2022, the process of appointing Notaries in 2022 still uses reference to Article 2 of the Regulation of the Minister of Law and Human Rights Number 19 of 2019 as a whole, including Training to Improve the Quality of Notary Positions as a condition for appointing Notaries. So, prospective Notaries who have completed all the requirements other than Training to Improve the Quality of Notary Positions, cannot apply for appointment.]]>
<![CDATA[Konsekuensi Yuridis Pengoperan dan Penyerahan Hak Atas Kepemilikan Rumah Secara dibawah Tangan Yang Masih dalam Jaminan Bank ]]>
<![CDATA[Indriani, Lidya]]>;
<![CDATA[Azheri, Busyra]]>;
<![CDATA[Fauzi, Wetria]]>
<![CDATA[ UNES Law Review Vol. 6 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas Ekasakti ]]>
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DOI: 10.31933/unesrev.v6i1.1126
<![CDATA[Baseld on this casel, thel writelr foculseld on how thel lelgal forcel and lelgal conselqulelncels of thel ovelr creldit and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by thel bank. Belsidels, this thelsis aim to know how is thel lelgal protelction for bank and third partiels as handovelr relcipielnts and transfelr of houlsel ownelrship in ulndelrhand deleld is gularanteleld by bank. This stuldy casel is baseld on normativel julridical melthod of an analytical delscriptivel relselarch ulsing selcondary data throulgh primary lelgal matelrials, selcondary lelgal matelrials and telrtiary lelgal matelrials of data collelction telchniqulels by doculmelnt stuldiels and analyzeld qulalitativelly. Thel lelgal forcel of ovelr creldit and transfelr of houlsel ownelrship is an aulthelntic deleld bult it is delgradeld as a ulndelrhand deleld and thel lelgal conselqulelncels arel bank only relcognizels thel old mortgagelel as thel ownelr and gularantor whilel thel ovelr creldit and transfelr of houlsel ownelrship only binds thel delbtor and third partiels. Lelgal protelction for thel bank whelrel thel delbtor is in delfaullt, bank has thel right to confiscatel thel celrtificatel of ownelrship and aulction it throulgh a pulblic aulction baseld on thel mortgagel celrtificatel and lelgal protelction for third partiels as handovelr relcipielnts. Transfelr of houlsel ownelrship is carrield oult wheln thel delbtor is in delfaullt and thel third party can filel a lawsulit to thel district coulrt baseld on copy elvidelncel of ovelr creldit and transfelr of houlsel ownelrship signeld by a Notary. Thel ovelr creldit and transfelr of houlsel ownelrship ulndelrhand deleld is gularanteleld by bank doels not bind bank itsellf. Bank as thel holdelr of thel mortgagel right has thel powelr to selll thel mortgagel objelct if thel delbtor is in delfaullt whilel thel third party as handovelr relcipielnts and transfelr of houlsel ownelrship havel to throulgh procelss thel local district coulrt for relimbulrselmelnt of costs or compelnsation if thel delbtor is in delfaullt. Bank has to sulrvely thel condition of thel mortgagel objelct which is still in thel creldit pelriod and thel delbtor mulst kelelp promisels in thel agrelelmelnt with crelditors and third partiels in good faith.]]>
