Agus Surachman
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Sita Jaminan (Conservatoir Beslag) Menurut Herziene Indonesisch Reglement (HIR) Dalam Praktik Dikaitkan Dengan Kepastian Hukum dan Perlindungan Hukum Agus Surachman
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.886 KB) | DOI: 10.30999/mjn.v7i2.659

Abstract

Not all Agreements will proceed according to what is promised, often we find that the agreement is not implemented or only partially done, and will make new legal problems, commonly called wanprestasi. Default means to break the promise (not keeping promises), or the absence of an achievement. The settlement of the default case can be done in 2 ways, ie through non-litigation (litigation) or litigation (legal process) process, the default lawsuit accompanied by the confiscation petition (conservatoir beslag) filed by the plaintiff to the Court is often not in accordance with what is expected by Plaintiffs because the rulings are less clear and the consequences of the judgment can not be executed (non-executable). Based on the above description, the author will write a scientific paper in the form of this thesis with the title: "Sita Jaminan (conservatoir beslag) According to Herziene Indonesisch Reglement (HIR) in Practice Associated With Legal Certainty and Legal Protection", the main issues that will be The study can be identified as follows: How does Sita Penjaminan (Conservatoir Beslag) in Practice be associated with Legal Certainty and Legal Protection? and How is the concept of Sita Penjaminan (Conservatoir Beslag) that is non-executable for the realization of Legal Certainty and Legal Protection? The research method used in this research is analytical descriptive method with normative juridical approach method. Data collection techniques used are document studies through library research to obtain secondary data, supported by interviewing through field research. The data analysis, is a juridical-qualitative analysis. Based on the results of research that has been done, the authors can take conclusions, namely as follows: Sita Collateral (Conservatoir Beslag) in practice associated with Legal Certainty and Legal Protection has not been fully implemented because of the often unclear verdict so that the confiscation of confiscation (conservatoir beslag) Petitioned by the plaintiff or creditor to be useless (illusoir), and as a result of his law the plaintiff has no legal protection and legal certainty. The concept of Sita Jaminan (Conservatoir Beslag) which is non-executive for the realization of Legal Certainty and Legal Protection is to be relevant between Posita Lawsuit, Petition Lawsuit, Legal Consideration in Decision and in Judgment of the panel of judges themselves, so Sita Jaminan (Conservatoir Beslag) will Is performed in accordance with the expectations of the Plaintiff and is justified by law in accordance with applicable legislation.
POLITIK HUKUM SUMBER DAYA AIR DI ERA GLOBALISASI Agus Surachman
JURNAL HUKUM DE'RECHTSSTAAT Vol. 3 No. 1 (2017): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (678.952 KB) | DOI: 10.30997/jhd.v3i1.711

Abstract

Great mercy and infinite value has been given by God for the creatures on earth, one of which is water, water is basic need for humans because water is the source of life for all living things. Water should be used excessively let alone become a commodity economics without limits, because the water supply is limited, but people often use them without limit, greed and lust enrich themselves lead to exploration of a large scale that makes the damage and loss of balance of natural resources. Globalization has swept across the world, insulation-partition the country into a vague, with free trade seemed about the welfare of the world, though many will doubt it. Britain exit (Brexit) case and the election of Donald Trump as the new President of the United States is reason to question the success of globalization. For that legal arrangements of water resources or the so called “constitution of water resources“, that the law governing resources must not conflict with article 33 paragraph 3 of  the 1945 constitution, said, “the resources of the earth’s natural land, water and natural resources contained therein controlled by the state for the welfare of the people“. Means that water should not be controlled by private for trade to seek maximize profit.