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PENGIKATAN JUAL BELI HAK ATAS TANAH YANG BERHUBUNGAN DENGAN PINJAM MEMINJAM YANG DI LAKUKAN DI HADAPAN NOTARIS (STUDI KASUS PUTUSAN NO 26/PDT 2016/PT-MDN) RIADY RIADY
PREMISE LAW JURNAL Vol 7 (2019): VOLUME 7 TAHUN 2019
Publisher : PREMISE LAW JURNAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.801 KB)

Abstract

Dosen pembimbing:1.  Prof. Dr. Muhd. Yamin, SH, MS, CN2.  Prof. Dr. Syafruddin Kalo, SH, MHum3.  Notaris Dr. Suprayitno, SH, MKn One of the problem in this case related to the land as the collateral given by the debitor to the creditor is not based on Law on Hypothecation but on the mutual agreement to make a sales contract before a Notary with additional agreement. The result shows that the legality of loan and credit is not correct if it is related to a plot of land as collateral by using Notarial Deed, because it has to refer to UUPA No. 4/1996 which has to be registered to the local Land Office. Meanwhile, legal protection for the parties involved in the agreement is that they can make a complaint against the Notary to the Supervisory Council as it is stipulated in Article 73 of UUJN. Those who are harmed can complaint against the Notary, personally, in criminal law, or in civil law. Legal protection for the Notary is in the form of repression as it is stipulated in the Decree of Menkumham No. 7/2016 on Notarial Honorary Council. There is no legal certainty on the position of loan and credit and right transfer because they are two different things and cannot be equalized, as it is stipulated in Article 1754 of the Civil Code.Keywords: Loan and Credit, Individual, Land Right Transfer
Isu 3 Periode Masa Jabatan Presiden Dalam Sudut Pandang Demokrasi riady riady; Syugiarto Syugiarto
JURNAL POLINTER : KAJIAN POLITIK DAN HUBUNGAN INTERNASIONAL Vol 7, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52447/polinter.v7i2.5433

Abstract

This study aims to see whether the president can serve his term of office for 3 periods (15 years) from a democratic point of view. This research itself uses literature study as the basis for data collection. The theory of democracy is used as a reference to see the term of office of the president for 3 periods from a democratic point of view, and also whether it will harm democracy itself or not. The results show that the president can hold office for 3 periods (15 years) if Article 7 of the 1945 Constitution of the Republic of Indonesia is amended again. In addition, if the majority of people want the president to serve more than 2 periods (10 years), then this will not injury democracy at all. This is because people want it. However, if we refer to the reasons why Article 7 of the 1945 Constitution was amended in 1999 (which is to reflect democracy and leadership regeneration) and there are rejections from some parties who do not want the presidential term of leadership more than 2 periods, it will show that the government is disobedient to regulations that have been mutually agreed upon and do not pay attention to the wishes of some people who reject it.