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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Elviana Sagala
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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Settlement of Default Debtors on Amitra Financing (Hajj and Umrah) in Limited Liability Companies (Fif Group) Prapat Regional Branch Retni Ayu Syafitri; Elviana Sagala; Sriono Sriono; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5316

Abstract

Limited Liability Company Federal international finance group is a finance company that provides conventional and sharia financing facilities. And one of the financing that is engaged in sharia is AMITRA. Amitra is one of the funds that has been regulated in accordance with the fatwas with the MUI national sharia and is supervised by the financial services authority. Amitra is sharia financing from the Fifgroup for Islamic Hajj, Umrah and gold financing, or even qurban and aqiqah submissions. In addition to federal international finance, there are also several finance companies that provide hajj and umrah financing, for example Adira, Bess finance, etc. So here the writer is interested in discussing the financing of Hajj and Umrah in federal international finance.
Legal Aspect of an Agreement Cancellation in the State of Majeure Force during the Pandemic Covid-19 Mifta Hulzannah; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1958

Abstract

Many parties can cancel an agreement or contract during the Covid-19 pandemic in Indonesia. WHO Director General, Tedros Adhanom Ghebreyesus determined the status of Corona Virus Disease 2019 (Covid-19) as a Pandemic This happened because the government issued Presidential Decree No. 12 of 2020 concerning the Determination of Disaster in the Spread of Corona Virus Disease 2019 (COVID-19) as a National Disaster. The covid-19 pandemic falls into the force majeure category or a state of force because it causes the economic sector to experience a decline. The community cannot do work as usual, all activities carried out are very limited. A contract is an agreement made by the parties in written form. An agreement is an act that binds one or more people to one or more people. This event resulted in a legal relationship between the parties, which included rights and obligations. Circumstances compel or force majeure may be earthquakes, fires, floods, landslides, wars, military coups, embargoes, epidemics, and so forth. In the time of the corona pandemic which is currently hitting all parts of the world, of course, it has an impact on the implementation of an agreement / contract. The purpose of this paper is to examine the force majeure in an agreement that occurs during the corona virus pandemic, which cannot automatically be used as a reason for cancellation of an agreement / contract, but can be used as a way to negotiate in canceling or changing the contents of the agreement / contract. The contract / agreement is canceled unilaterally without regard to the sense of justice, in accordance with Article 1338 paragraph (1) of the Civil Code, it is stated that the contract is a law for the parties. So the cancellation of the contract with due regard to aspects in the law and Article 1338 paragraph (1) of the Civil Code cannot be carried out in a covid-19 pandemic force majeure situation. The parties are required to carry out good faith in accordance with Article 1338 of the Civil Code by reviewing the agreement / contract or renegotiating by adding a contract clause to postpone carrying out obligations.  
Default of Banking Credit Agreements in the Time of Covid 19 Sri Dewi; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1878

Abstract

The covid 19 pandemic resulted in a very significant economic impact, and resulted in many defaults on bank credit agreements which underwent payment restructuring based on the covid 19 virus. Financial Services Authority (OJK) Regulation No. 11/POJK.03/2020 concerning the national economic stimulus as a countercyclical policy for the impact of the spread of covid 19 gives authority to banks to establish policies that support economic growth stimulus for debtors affected by the spread of covid 19, one of which is credit or financing restructuring policies. The occurrence of a national disaster caused by the Covid 19 virus had an impact on the force majeure situation. That defaults due to the spread of the covid-19 virus have resulted in debtors being negligent in carrying out their obligations, this method uses the normative juridical method, which refers to the provisions of positive laws and regulations in Indonesia. The results of the research show that defaults in the credit agreement cannot be used as an excuse for not fulfilling their obligations. The spread of covid-19 cannot be used as an excuse that causes a compelling situation that requires the debtor to commit an act of default. In the concept of a rule of law, judicial power is independent in carrying out its judicial function, thus enabling the exercise of judicial power to be fair in examining, adjudicating and deciding cases based on law and justice. Then the policy of the regulations issued by the government against the spread of the covid-19 virus is very important for the community regarding the problem of the spread of the covid-19 virus.
Aspects of Legal Protection in the Agreement of Selling and Purchase of Heritage Land Adi Sanjaya; Sriono Sriono; Elviana Sagala
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i3.2280

Abstract

This study aims to identify and analyze the sale and purchase of land originating from inheritance and to analyze forms of legal protection for buyers in the event of problems in the process of buying and selling inherited land. The method used in this research is using the normative juridical method by taking primary data from the applicable laws and regulations, especially in Indonesia. The results of the study show that legal protection for buyers of inherited land is contained in Article 1492 of the Civil Code which provides an explanation that although at the time of the sale there is no promise of guarantee, the seller, by law, is obliged to bear the buyer against claims of rights through law to surrender all or part of the goods. sold to a third party
Responsibilities of Land Deed Officers (PPAT) For Selling Buying Deed Lisa Ayu Ningsih; Sriono Sriono; Elviana Sagala; Risdalina Risdalina
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.5995

Abstract

Sale and purchase are an agreement in which one party binds himself to surrender ownership of an item and the other party pays the promised price. The official who has the authority to make and ratify an authentic deed of a right to be transferred is a notary. If an agreement does not meet the subjective requirements, then the agreement can be canceled. Meanwhile, if an agreement does not meet the objective requirements, then the agreement is null and void. The type of research in this article is normative juridical research where in this study the author only takes secondary data, namely library materials obtained by the author including official documents, library books, laws and regulations, scientific works, articles, and documents. -documents related to research material. Secondary data collection throughlibrary researchis done by studying and collecting data related to the author's research. The Land Deed Making Official (PPAT) is responsible for the validity of the registration requirements for the transfer of land rights. The Land Deed Making Officer (PPAT) is also responsible to the parties for making a land deed and managing it effectively until it is completed. If there is a dispute in the Court, it is expected that the testimony of the parties, the Land Deed Official (PPAT) is only asked to be responsible for providing evidence in the form of a letter that has been made by the PPAT.
Co-Authors ADI SANJAYA Lisa Ayu Ningsih Mifta Hulzannah Retni Ayu Syafitri Siregar, Risdalina Sri Dewi Sriono Sriono Sriono, Sriono