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Penerapan Parate Eksekusi Atas Hak Tanggungan Oleh Perusahaan Modal Ventura Helmi Akbar Jungjunan; Fauzie Yusuf Hasibuan
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.153

The purpose of this research is the Parate Executie of the Court of First Instance and/or Private Sales, the one of business activities of a Venture Capital Company (PMV) is financing/capital participation in an Investee Company for a certain period of time based on the profit sharing agreement. This research using a normative juridical legal research conducted as an effort to obtain the necessary data with respect to the problem. The data used are secondary data consisting of primary legal materials, secondary legal material, and tertiary legal materials. The primary data are also used to support secondary data. The data analysis was conducted using qualitative normative analysis. The research results it was concluded that the implementation of the settlement of non-performing finance can be done through Parate Executie in a manner as referred to in A). Article 20 paragraph (1) letter “a” in conjunction with Article 6 in conjunction with; B). Article 14 paragraph (2) in conjunction with Article 20 paragraph (1) and/or C). Article 20 paragraph (2) of Law on Mortgage Rights, that is selling the mortgage rights object on its own authority through a public auction according to the procedures as specified in the laws and regulations; and the petition for Fiat Executie by a Court of First Instance for the execution of mortgage rights is based on title executorial; and the settlement of non-performing finance is through the Private Sales against the collateral that has been tied by Mortgage Rights.

Pertanggung Jawaban Hukum Atas Terjadinya Wanprestasi Dalam Penerapan Perjanjian Sewa Pesawat Martha Emylia Taurisia; Fauzie Yusuf Hasibuan; Ahmad Muliadi
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.159

The practice of aircraft lessor company with aircraft lessee company may allow “default” because one party does not fulfill its obligations properly and correctly in accordance with the contents of the aircraft lease agreement the. The method used in this research is normative juridical research supported by empirical juridical research. The data used are secondary data composed of primary law, secondary law materials and materials law tertier. In addition the primary data is also used as the supporter of the legal materials of secondary data. For the data analysis was done with a qualitative analysis of the juridical method. The results showed that PT. Air Born Indonesia’s responsibility to lease aircraft in aircraft lease agreement lease agreement air transportation can be categorized as a reciprocal or bilateral agreement. In this case PT Air Born Indonesia as the holder does not fulfill the obligations as agreed in the agreement for not paying the De Havilland Canada DHC-6/300 Twin Otter MSN 518 PK-BAF registration fee corresponding to the amount rent with a specified time, changing the aircraft without the knowledge of Unity Group Ltd, operating the aircraft not in accordance with the agreement, then it is said to have made a default.

Kepastian Hukum Kewenangan Nazhir: Ruislag Tanah Wakaf Untuk Kepentingan Bisnis Sefli Suharman; Fauzie Yusuf Hasibuan
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.155

Regulation Legislation Endowments to property that is already in endowments is prohibited to do exchange (ruislag), excluded when ruislag used for public interest in accordance with the general plan spatial layout under the provisions of the legislation applicable and does not conflict with sharia. This research is descriptive research analysis using normative juridical approach, the research literature that focuses on secondary data by conducting a study or a thorough analysis and depth to the entire of secondary data adapted to the problem in this research. The results showed that to exchange (ruislag) of waqf land for business is one from the other forms of legal interest in doing ruislag for waqf property which is not stipulated in the regulations of endowments. Based on the decision of Judicial Review (PK) The Supreme Court No. 27 PK / AG / 2008 Nazhir convicted for committing an unlawful act on the land of endowments that is ruislag for the benefit of textile business. Should be Nazhir in doing ruislag to property that is already in endowments guided by the procedures and requirements set forth in Regulation Legislation Endowments applicable especially Article 41 in Act No. 41 of 2004 on endowments set ruislag only in the public interest.

Perlindungan Hukum Atas Kreditur Yang Menggunakan Jaminan Personal Hendra Yakub; Fauzie Yusuf Hasibuan; Udin Narsudin
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.160

Personal guarantees embodied in the agreement do not stipulate special conditions that require the guarantor to submit something tangible which will make it easier for the creditor to take action if the debtor defaults and guarantor breaks promises, this is what makes the underwriting agreement less meaningful or meaningful in its function as collateral which is manifested in a separate deed, individual guarantee seems to be only a moral obligation. The method used in this research is normative juridical research, the data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis, it was done by using qualitative juridical analysis method. The research results show that, it is still difficult to ask for the credit agreement arrangement and the provisions in the clause or individual guarantee conditions that can provide legal protection for creditors. In the implementation of billing bad credit through personal guarantees through the court by executing confiscation of guarantees against the assets of the personal guarantor, the results have not been optimal, because the personal guarantee agreement does not include information on the assets of the insurer and clauses that are compelling or binding on the assets of the insurer, so that in practice the court will have difficulty executing the property of the personal guarantor.

Penerapan Asas Keseimbangan Dalam Perjanjian Kerja sama Penyediaan Layanan Sebelum Penerbangan Furcony Putri Syakura; Fauzie Yusuf Hasibuan; Sulhan Sulhan
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.161

The Cooperation Agreement of Provision of Pre-Flight Services is signed by the Secretary General of the House of Representatives of the Republic of Indonesia (as The First Party and the Service User) and the Director of Operations of PT Garuda Indonesia Tbk (as The Second Party and the Service Provider). The principle of proportionality becomes very important in this Cooperation Agreement with an assumption that if the positions of the rights and obligations of The Parties in this agreement are equal then it is felt fair by both parties. The study was conducted by using Normative Juridical method. In writing this thesis, the author examines the Document of Cooperation Agreement of Provision of Pre-Flight Services Between the Secretariat General of the House of Representatives of the Republic of Indonesia and PT Garuda Indonesia (Persero) Tbk Year 2016, in particular the rights and obligations of The Parties contained in Article 7 and Article 8. The author also conducted interview to the service user, service provider and experts in the agreement field. Based on researcher’s analysis, the implementation of the Cooperation Agreement of Provision of Pre-Flight Services is not equal so it is unfair. If the Cooperation Agreement is to be extended for the Year 2018, it is recommended to the Secretariat General of the House of Representatives of the Republic of Indonesia to renegotiate Article 7 and Article 8 which regulate the rights and obligations of The Parties so that it can be reviewed and modified based on what is expected.

Ideal Traffic Accident Crime Case Resolution based on Restorative Justice Adi Kurnia Setiadi; Fauzie Yusuf Hasibuan; Maryano Maryano
International Journal of Social Service and Research Vol. 3 No. 5 (2023): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v3i5.383

· This study focuses on the first problem of solving traffic accident criminal cases that have been applied in law enforcement and how to reconstruct the ideal traffic accident crime resolution based on a restorative justice approach. The method used in this study is normative juridical research with a research approach in the form of a normative approach. The result of this study is that the settlement of criminal cases of traffic violations in Indonesia to date (ius constitutum), basically still prioritizes conventional legal approaches and criminal sanctions. Cases of traffic accident violations are processed and resolved within the framework of the criminal justice system normally, starting from the police, prosecutor's office, and court levels, according to the criminal procedure law, (2) Reconstruction of the settlement of traffic accident violations is very likely to be applied in Indonesia with several non-litigation models (mediation), namely the independent perpetrator-victim mediation approach and perpetrator-victim mediation involving law enforcement (restorative justice agencies). Settlement efforts through the courts can only be pursued if restorative efforts fail to reach an agreement. With these results, it is suggested: (1) The police, prosecutors, and courts should be more intensive to socialize and provide education related to the application of restorative justice, especially for traffic accident crimes, (2) The principle of restorative justice needs to be realized in the main legal form, namely a law that comprehensively and integratively covers the regulation of all components of the criminal justice system.

Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials Mochamad Arief Pratomo; Fauzie Yusuf Hasibuan; Atma Suganda
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1005

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.

Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials Mochamad Arief Pratomo; Fauzie Yusuf Hasibuan; Atma Suganda
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1005

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.

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