Garuda - Garba Rujukan Digital

Upaya Perlawanan Lelang Eksekusi Hak Tanggungan: Perspektif Kreditor Enny Martha Sasea
Amanna Gappa VOLUME 28 NOMOR 2, 2020
Publisher : Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/ag.v28i2.11909

Dalam praktik perbankan, diperlukan tambahan pengamanan berupa jaminan khusus yang sering digunakan adalah jaminan kebendaan. Salah satunya berupa tanah. Penelitian ini adalah penelitian hukum empiris. Lokasi penelitian ini dilakukan di Kantor PT Bank Rakyat Indonesia (Persero) Tbk. Cabang Manokwari, Kabupaten Manokwari, Papua Barat. Hasil penelitian menunjukkan bahwa bentuk perlindungan hukum bagi Kreditor perbankan terhadap upaya perlawanan lelang eksekusi hak tanggungan oleh Debitor pada PT Bank Rakyat Indonesia (Persero) Tbk. Cabang Manokwari adalah Kreditor tetap memiliki hak kebendaan atas tanah atau bangunan yang dijadikan jaminan sesuai dengan Surat Perjanjian Kredit, sehingga Kreditor memiliki kuasa penuh untuk melakukan eksekusi jaminan untuk mendapat pelunasan utang Debitor apabila Debitor tetap beritikad tidak baik. Hal tersebut merupakan salah satu kekuatan hak tanggungan yang bersifat Droid De Suite. Bentuk perjanjian kredit merupakan hal penting dalam Perlindungan hukum bagi kreditor, karena selain surat perjanjian,perlu adanya Berita Acara Pelaksanaan pembacaan Perjanjian Kredit antara kreditor dan debitor pada saat pengajuan kredit telah disetujui.

Role of Local Governments in Managing Mangrove Damage: The Manokwari Case Hasbi As Siddiq; Enny Martha Sasea; Maskun
International Journal of Law and Public Policy Vol 2 No 1 (2020)
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0201.87

Mangrove ecosystems are known as forests that are able to live adapt to extreme coastal environments such as changing salinity (2-22 ‰ to reach 38 ‰), but the existence of mangrove ecosystems is vulnerable to environmental changes, such as wind, erosion and abrasion. Changes in the environment are caused by ecological pressure that comes from nature and humans. Forms of ecological pressure originating from humans are generally associated with the use of mangroves such as land conversion for settlements, fishponds, and tourism. The development of mangrove forests in Kabupaten Manokwari requires the attention of the government and the community, because the lack of public awareness and coordination between agencies will greatly influence the preservation of mangrove forests, especially the damage to ecosystems in mangrove forest areas.

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law Sanusi, Rahmatinnisa Zahra; Sasea, Enny Martha; Bonsapia, Max
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.170

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA Sasea, Enny Martha; Sakmaf, Marius Suprianto
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.989

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

Legal Challenges of Tapera Implementation in Indonesia: Toward an Equitable and Effective Housing Financing Scheme Alfrida, Alfrida Hasyim; Sasea, Enny Martha; Suryana, Atang
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.250

This research discusses the legal challenges in the implementation of Public Housing Savings (Tapera) in Indonesia. Tapera is regulated by laws and government regulations with the aim of providing affordable housing finance for all citizens, especially Low-Income Communities (MBR). However, there are several legal obstacles that need to be overcome, such as inconsistencies with existing laws and regulations, lack of provisions on the management of Tapera funds, and the absence of a special dispute resolution institution for Tapera. The research method used is qualitative analysis, using a literature study approach by conducting an in-depth review of relevant literature, including government regulations, research articles, and publications related to the implementation of the Public Housing Savings Program (Tapera). By using analysis such as relevant laws, regulations, and official documents Proposed solutions include harmonizing laws and regulations, formulating clear regulations on the management of Tapera funds, and establishing a dispute resolution institution. In addition, it is necessary to conduct extensive socialization and education about Tapera, and build adequate supporting infrastructure.

The Impact of Expedited Land Title Transfers on Legal Certainty and Ownership Disputes Fransina Bikio; Sasea, Enny Martha; Ramadhan, Gilang
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.284

This research examines the legal impact of rapid land title transfers in Indonesia, which often neglect the detailed verification stage, leaving the door open for unauthorized parties to claim ownership or for entitled parties to be unfairly disenfranchised. The purpose of this research is to explore the conformity of the process of expeditious land title transfers with applicable legal provisions and identify the legality and legal consequences arising from such title transfers. This research utilizes a normative legal method with a descriptive-analytical approach. Primary data includes relevant laws and regulations such as the Basic Agrarian Law (UUPA) No. 5 of 1960 and the Government Regulation on Land Registration, as well as relevant jurisprudence. Secondary data consists of law books, law journals, scientific articles, and previous research reports that discuss similar topics. The results show that accelerated transfers of land rights that disregard legal procedures can lead to legal uncertainty and harm to entitled parties, thus requiring stricter law enforcement and more transparent procedures to ensure legality and fairness in every land transaction.

The Impact of the Fourth Amendment to the National Mineral and Coal Law on Regional Development: An Investment Law Perspective Wamafma, Filep; Sasea, Enny Martha
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.269

This study examines the impact of the fourth amendment to the National Mineral and Coal Law (Minerba Law) on regional governance and its implications from an investment law perspective. Using a normative approach and qualitative analysis methods, the study identifies significant regulatory changes, particularly the centralization of mining permits, which has diminished the authority of regional governments. While this reform enhances legal certainty for investors and improves bureaucratic efficiency, it also raises concerns regarding environmental oversight, equitable distribution of economic benefits, and the protection of local community rights. The findings indicate that the reduced role of regional authorities increases the risk of uncontrolled resource exploitation and deepens social inequality. Therefore, policies that balance investment interests with socio-environmental sustainability are essential, emphasizing stronger oversight and greater regional government involvement in mining management.

Communal Rights vs Regional Development: Pursuing Justice for Comunal Customary Land Sakmaf, Marius Suprianto; Sasea, Enny Martha; Suryana, Atang; Paidi, Zulhilmi Bin; Ardani, Mira Novana
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.%p

This study is motivated by conflicts of authority in the management of natural resources, particularly Tanah Ulayat of indigenous communities, which are often inadequately protected in the course of development and resource exploitation, including illegal mining. The primary objective of this research is to examine the position and authority of the state in managing Tanah Ulayat, to identify the legal implications of illegal mining practices on Tanah Ulayat, and to formulate a legal framework that is both just and constitutional. The study employs a normative juridical method combined with a constitutional approach and an indigenous peoples’ rights perspective. The findings reveal a legal vacuum in the protection of Tanah Ulayat, particularly when mining activities are carried out with customary approval but without state authorization. In conclusion, there is an urgent need for a legal framework that is responsive, participatory, and grounded in the principles of simultaneous development and the recognition of communal rights.

The Impact of the Fourth Amendment to the National Mineral and Coal Law on Regional Development: An Investment Law Perspective Wamafma, Filep; Sasea, Enny Martha
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.269

This study examines the impact of the fourth amendment to the National Mineral and Coal Law (Minerba Law) on regional governance and its implications from an investment law perspective. Using a normative approach and qualitative analysis methods, the study identifies significant regulatory changes, particularly the centralization of mining permits, which has diminished the authority of regional governments. While this reform enhances legal certainty for investors and improves bureaucratic efficiency, it also raises concerns regarding environmental oversight, equitable distribution of economic benefits, and the protection of local community rights. The findings indicate that the reduced role of regional authorities increases the risk of uncontrolled resource exploitation and deepens social inequality. Therefore, policies that balance investment interests with socio-environmental sustainability are essential, emphasizing stronger oversight and greater regional government involvement in mining management.

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