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Journal : Hang Tuah Law Journal

The Liability of Unilateral Termination by Government on Goods and Service Procurement Contract Anton Cahyono; Ninis Nugraheni; Mokhamad Khoirul Huda
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.78

Abstract

The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.
The Moveable Goods as a Collateral Object in Warehouse Receipt System Ninis Nugraheni
Hang Tuah Law Journal VOLUME 2 ISSUE 1, APRIL 2018
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v2i1.79

Abstract

The Law of Warehouse Receipt (Act No. 9/2006 about Warehouse Receipt System) has defined a new collateral object called Warehouse Receipt. Warehouse Receipt is a proof of ownership of a commodity that can be negotiable, exchanged and pledged. This article used Normative Juridical Assessment by assessing and analyzing the primary, secondary and tertiary legal material. It is related to the Law of Banking, generally in collateral, and particularly in Act No. 9/2006 about Warehouse Receipt System. Warehouse Receipt as a negotiable instrument can be classified into moveable goods. Such classification is based on an argument that Warehouse Receipt has an economical value. Thus, it can be used as a collateral object. Warehouse receipt as a pledged moveable good may comply with the terms of execution in pledge.
The Legal Principle of Collateral in Fintech Lending Trisadini Prasastinah Usanti; Anindya Prastiwi Setiawati; Ninis Nugraheni
Hang Tuah Law Journal VOLUME 3 ISSUE 2, OCTOBER 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i2.80

Abstract

Simple procedures and quick service on fintech lending gives an ease for fulfilling capital needs. Indeed, it does not require any collateral which may constrain debtors to deal with it. However, although this activity brings convenience, efficiency, quickness, and simplicity in lending services, many possible risks such as debtors’ delayed payment or even default which may burden the creditors are likely to follow as well. Without any collateral as assurance, the risks may become much higher on fintech lending as the creditor becomes a concurrent creditor who only has relatively individual rights whose position is equal to the other creditors, no droit de suite principle, and the claim is individual with general assurance.