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Legal Protection Of Consumers On The Act Of Forced Retrieval Motorized Vehicle (Mk Decision Number 57/Puu-Xix/2021 Concerning Affirmation That Leasing Cannot Forcibly Take Vehicle If The Debtor Resists) Gustiani, Hesti; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.726

Abstract

Based on the Constitutional Court's Decision, an alternative has been provided regarding the forced retrieval of vehicles carried out by leasing companies if the debtor objects and resists. Creditors or leasing companies cannot unilaterally execute fiduciary collateral or other forms of security such as vehicles or houses if the debtor objects or defaults. In the Constitutional Court's Decision Number 57/PUU-XIX/2021, it establishes legal provisions for law enforcement authorities to take action against Debt Collectors assigned by the Leasing Company who forcibly retrieve debtors' vehicles. Leasing companies cannot simply conduct forced retrievals from debtors. In Decision Number 57/PUU-XIX/2021, the Court addressed the execution mechanism for withdrawing the creditor's goods that are the object of fiduciary guarantees. The Constitutional Court stated that the Fiduciary Guarantee Certificate does not automatically confer executive authority. Regarding default between the debtor and creditor, based on legal efforts in a lawsuit to establish default, an application for execution must first be submitted to the district court to retrieve the fiduciary collateral. However, companies are allowed to execute without going through the court provided that the debtor's obligation to settle their debt is not used as a reason for engaging in forms of intimidation or terror.
Juridical Analysis Of The Supreme Court Jurisprudence In Insurance Company Bankruptcy Law Reviewed From Law Number 37 Of 2004 Urrahman, M. Taopiq; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.729

Abstract

This research aims to conduct a juridical analysis of the Supreme Court's jurisprudence in the context of insurance company bankruptcy law regulated by Law Number 37 of 2004. This research explores an in-depth understanding of Supreme Court decisions relating to insurance company bankruptcy cases, with a focus on legal aspects expressed in the jurisprudence. The research method used involves document analysis, especially Supreme Court decisions, as well as a juridical approach to identify and analyze key aspects in the context of insurance company bankruptcy law. It is hoped that the results of this analysis will provide a better understanding of the interpretation of the law by the Supreme Court and its impact on the handling of insurance company bankruptcy cases. It is hoped that the findings from this research can contribute to the development and understanding of insurance company bankruptcy law in Indonesia. Apart from that, this research can also be a basis for further discussion about improving or perfecting legal regulations related to insurance company bankruptcy to ensure the protection of the interests of all parties involved in the bankruptcy process
Roles and Functions of PPAT in The Practice of Land Registration Muhromi, Saidul; Bhudiman, Budy; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.969

Abstract

The purpose of land registration in accordance with the implementation in article (3) of the Government Regulation Number 24 of 1997 Regarding Land Registration, is the purpose of the creation of an information puisat on land parcels so that the party who has been registered with the government can overwrite the data needed in carrying out the huikuim meingeinai plots of land and units of ruimah suisuin that have been registered. The implementation of land registration is in a way that both provides basic and administrative principles in the field of land management. The PPAT Deed is one of the data requirements for the maintenance of land registration data, so it must be made up so that it can be used as a basis for the registration of transfer and the provision of rights. Therefore, PPAT is responsible for intuitively examining the intuitive requirements for the legality of the relevant legal proceedings. Among other things, matching the data contained in a certificate with the lists available at the Land Office. This type of research is an empirical normative legal research, namely a scientific research method which in this case combines normative legal principles which are individually coupled with additional data or empirical research. . This normative-eimpirical research method also aims to implement the intuition of normative law (indang-uindang) in its action in every intuitive legal event that occurs in a society's situation. basic legal certainty, So article 19 of the UUPA laws regulates land registration.
Juridical Review Of The Legal Force Of Default Claims In Oral Agreements (Study Of Decision Number 30/Pdt.G/2023/Pn.Pal) Wati, Sulistia; Fajri, Ibrahim; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.972

Abstract

Juridical Review Of The Legal Force Of Default Claims In Oral Agreements (Study Of Decision Number 30/Pdt.G/2023/PN.Pal), Sulistia Wati, NIM: 201103010732. Oral agreement is a phenomenon that often occurs in the daily life of Indonesian society, for example in buying and selling transactions in the market. In small transactions like this, oral agreements are considered to be an easy and efficient choice. The purpose of this study is to determine the extent of the legal force of oral agreements so that they can be used as a basis for judges' consideration in deciding default cases. This research is a normative juridical research that is analytically descriptive. The type of data used is secondary data consisting of primary legal materials and secondary legal materials. The data collection technique used is a literature study, namely by studying a copy of the Palu District Court Decision Number 30/Pdt.G/2023/PN Pal. The decision was regarding a default case between Abdul Rahman as the Plaintiff and Abdul Rahim as the Defendant. Abdul Rahman sued Abdul Rahim on the basis of default against a money lending agreement made orally. In this case the Judge decided that Abdul Rahim was proven to have made a default. The result of this research is that oral agreements have legal force if they can be proven and fulfill the validity of the agreement as stated in Article 1320 of the Civil Code.
Effectiveness of the Parole Program in Overcoming Inmate Overcapacity in Bekasi Class II A Correctional Institutions Arif, Wahyu; Hartini, Sri; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.973

Abstract

The granting of parole to prisoners at the Class II A Bekasi Correctional Institution has been carried out in accordance with Regulation of the Minister of Law and Human Rights Number 7 of 2022 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Parole, Leave Ahead of Release, and Conditional Leave. But apart from that, there are also several prisoners who have met the requirements in accordance with the Regulation of the Minister of Law and Human Rights Number 07 of 2022 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Parole, Leave Ahead of Release, and Conditional Leave, but have not been released due to several inhibiting factors. One of the inhibiting factors is due to the large number of files that must be prepared and sometimes do not follow in accordance with predetermined procedures. The implementation of the granting of parole by Class II A Bekasi Correctional Institution is considered successful, because it can be seen from the comparison of parole data at Class II A Bekasi Correctional Institution for the 2019-2022 period between those proposed and those realized close to the proposed amount
Legal Protection For Consumers In Digital Payments On Feeder Bus Service (Study At The Public Company In The Pakuan Transport Area, Bogor City) Nursilawati, Nursilawati; Daming, Saharuddin; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.1198

Abstract

Implementing digital payments can increase public interest in using feeder bus services. However, on the other hand, the implementation of digital payments also raises several crucial problems that befall consumers related to the presence of a digital payment system organized by Perumda Transpakuan Bogor City. This research aims to find out how legal protection efforts for consumers are carried out by Perumda Transpakuan Bogor City in the Digital Payment System on Feeder Buses. This research uses a type of legal research that combines normative and empirical, namely taking an approach by first examining the existing laws and regulations. relevant to the problem being researched or looking at it from a normative legal aspect, then the experience in digital payments on feeder bus services is also studied. Legal Protection Efforts for Consumers by Perumda Transpakuan Bogor City in the Digital Payment System on Feeder Buses, including: Compliance with Regulations, Collaboration with Leading third party, Data security system, Verification and authentication system, Dispute resolution and refunds, Education and outreach, Regular audits and monitoring.
The Effectiveness Of The Minimum Age Limit For Marriage In Addressing The Increase Of Child Marriages In Bogor District Based On Law Number 16 Of 2019 (Study At Cibinong Religious Court) Buchori, Muhammad Azril; Ratnawaty, Latifah; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.1200

Abstract

The Effectiveness Of The Minimum Age Limit For Marriage In Addressing The Increase Of Child Marriages In Bogor District Based On Law Number 16 Of 2019 (A Study At Cibinong Religious Court), Muhammad Azril Buchori Npm: 201103010310.This research aims to evaluate the effectiveness of Law Number 16 of 2019 in addressing the increase of child marriages in Bogor District, considering the phenomenon of increased applications for marriage dispensation following the enactment of Law Number 16 of 2019. This study is a legal research employing an empirical normative approach. The method used is qualitative, with data collection through in-depth interviews with judges from Cibinong Religious Court and analysis of relevant documents.The research findings indicate that Law Number 16 of 2019 has not been effective in addressing the increase of child marriages in Bogor District. There has been a significant increase of 50% in the number of applications for dispensation of underage marriages at Cibinong Religious Court post-enactment of Law Number 16 of 2019. Internal factors contributing to this include proximity between couples, premarital pregnancy, and inadequate family supervision. External factors include narrow religious interpretations, low educational attainment, influence of technology and media, economic pressures, and diverse geographic conditions.
Legal Protection Of Consumers Against Indonesian National Standards In Buying And Buying LPG Gas Husein, Zidan Ahmad; Fajri, Ibrahim; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1444

Abstract

In the current era of globalization and modernization, consumers are faced with various complex challenges and risks, there are many forms of violations by business actors in buying and selling LPG gas. Then we need to know what legal protection there is for consumers when buying and selling LPG gas. This research aims to determine legal protection for consumers and distributors in using products with SNI labels, for consumer safety. The data collection used in this research is library research. In this research, normative juridical research is used. This type of research is carried out by examining library materials or secondary data consisting of primary legal materials and secondary legal materials. This research will utilize various primary, secondary and tertiary legal data sources. Violations in the practice of buying and selling LPG gas in the form of SNI cylinders often involve various forms of non-compliance with established regulations. Such as filling in illegally and falsifying certificates. Of course, this is very disturbing for consumers who use LPG gas, therefore Law Number 8 of 1999 concerning Consumer Protection contains legal regulations regarding protection for consumers against violations by business actors in buying and selling LPG gas. As well as resolving disputes if consumers feel disadvantaged
The Role Of Women In Meaningful Participation In The General Election Supervisory Body Of Cianjur Regency Maulidya, Azkia Ananda; Daming, Saharuddin; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1445

Abstract

This study aims to analyze related to women's participation in general election supervision within the scope of the Cianjur Regency General Election Supervisory Body, in this study it is described related to the conditions of women's participation in general election supervision and examines the implementation of Article 92 paragraph (11) of Law No. 7 of 2017 concerning General Elections. This study uses a normative legal method, by reviewing the reality of the implementation of women's representation quotas in organizing general election supervision within the scope of the Cianjur Regency General Election Supervisory Body. The results of this study are that Cianjur Regency has still not been able to meet the quota of women's representation of 30% within the scope of the Cianjur Regency General Election Supervisory Body, however Bawaslu has carried out various improvement efforts ranging from education and training related to general elections, organizing socialization and counseling, and trying to eliminate community stereotypes about gender through the Participatory Supervisory Cadre School
Factors Causing Increasing Matters of Marriage (Case Study of Cikarang Religious Court) Wicaksono, Fadillah Haryo; Ratnawaty, Latifah; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1450

Abstract

The itsbat marriage process is a formal request to validate a marriage, specifically for unregistered marriages that require legal recognition. Conducted in the Religious Court, itsbat marriage is pursued for various reasons and driven by multiple factors. This study explores the factors contributing to the rise in itsbat marriage cases in the Cikarang Religious Court from 2018 to 2024. A qualitative research approach was employed, combining empirical normative perspectives to connect relevant legal theories to the subject of this study. The research identifies two main questions: the reasons for the increase in itsbat marriage cases at the Cikarang Religious Court and the judges' considerations in relation to this increase. The study finds that the rise in itsbat marriage cases from 2018 to 2024 stems from internal factors, such as the need for official documentation, legal certainty for children’s status, and inheritance rights. External factors include a lack of public awareness regarding the importance of marriage registration with the Office of Religious Affairs (KUA) and previous administrative limitations that left marriages unregistered. Judges' considerations in itsbat marriage cases incorporate the principle of maslahah mursalah, prioritizing public benefit and justice to protect individual rights and provide legal clarity.