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The Binding Power of the Deed of Power to Sell Land Based on the Encounter of Debt Yanita Putri Ramadhan; Karina Rahmawardani; Maria Christianti Charolina M; Moch Dimas Prasetyo
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i1.4243

Abstract

This paper aims to understand the binding power of deed of power to sell based on the encounter of debt (set-off), and the legal protection of the buyer whose payment is based on the encounter of debt when the seller defaults. This research is a normative research supported by primary legal materials and secondary legal materials in the form of interviews. The approach used is a statutory approach and is described in a qualitative descriptive manner. The results of this thesis research conclude: First, the binding power of the deed of power of attorney to sell based on the encounter debt (set-off), and the act of legally protecting the buyer whose payment is based on the encounter debt (set-off) when the seller defaults, it can be explained that the power to sell a plot of land is based on a debt settlement agreement or compensation has no power of legal force, since the basis for the issuance of the power of attorney to sell the object of the land parcel is PPJB. Furthermore, the power of attorney to sell is based on the encounter of debt (set-off) that does not result in the end of the engagement as referred to in Article 1381 in conjunction with Article 1425 B.W., with the sale and purchase of land rights with the power to sell. Hence, if the debtor breaks his promise, the creditor can sue for compensation on the basis of default.
Law Enforcement in the Crime of Crypto Asset Fraud Moch Dimas Prasetyo; Nabila Khalisha Paramita; Trifena Julia Kambey
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.v5i3.6154

Abstract

Economic development is designed to address the opportunities and needs created in economic activity. Developments in the real sector always open up opportunities for the development of the financial sector. The most dominant financial sector is the banking sector and the capital market which is one of the sources of financing for development as well as a means for improving people's welfare. The state is very important for the capital market, the development of the capital market which is a vehicle for investment and a vehicle for financing at the same time. The opportunity in question isvirtual money which then began to become a phenomenon in society since the emergence of crypto currencies (cryptocurrency) as a manifestation of technological developments in activitiese-commerce. Every time there is a good opportunity, there is also a gap in the presence of a criminal act, including activities that use digital-based crypto. The crime in question is a criminal act of fraud which clearly violates the existing law and how it is enforced. In addition to fraud, another problem is how the legal umbrella for crypto assets in Indonesia needs to be discussed in the discussion. After discussing the existing problems, of course, have a conclusion that explains briefly but completely. This research has various approaches with normative juridical research methods.