Eka N.A.M Sihombing
Universitas Muhammadiyah Sumatera Utara

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Konstitusionalitas Poligami Dalam Perspektif Hermeneutika Hukum Islam di Indonesia Eka N.A.M Sihombing; Cynthia Hadita Hadita
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.088 KB) | DOI: 10.30762/mahakim.v5i1.131

Abstract

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.
LEGAL IMPLICATIONS OF THE UNILATERAL WITHDRAWAL OF FIDUCIARY GUARANTEE OBJECTS BY THE CREDITOR WITHOUT FOLLOWING LEGAL PROCEDURES Raihan Ainurridho Matondang; Eka N.A.M Sihombing
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

The phenomenon of unilateral withdrawal of fiduciary collateral by creditors without proper procedures has become a serious problem in consumer financing practices in Indonesia. Many debtors experience forced repossession of collateral, such as motor vehicles, by debt collectors, who often use unlawful methods. This study aims to analyze the legal procedures for withdrawal of fiduciary collateral according to Law Number 42 of 1999, the legal consequences for creditors who carry out unilateral withdrawals, and the legal remedies debtors can take in dealing with this situation.The research method used in this study is normative legal with a case study approach. This research analyzes applicable laws and regulations, relevant legal doctrine, and field practices related to the withdrawal of fiduciary collateral. Data was collected through literature review and interviews with relevant parties, such as debtors, creditors, and legal practitioners.The research results show that unilateral withdrawal of fiduciary collateral by creditors without following legal procedures constitutes a violation that can lead to various legal consequences. Based on the research results, the procedure for withdrawing fiduciary collateral must be carried out in accordance with the provisions stipulated in Law Number 42 of 1999, including registration at the Fiduciary Registration Office and the issuance of a fiduciary collateral certificate. If creditors violate these provisions, they may be subject to criminal and civil sanctions, including claims for compensation from the debtor. The legal consequence for creditors who unilaterally withdraw collateral is the loss of preferential rights over the fiduciary collateral. In this case, the creditor cannot execute the collateral object without going through a legal process. In addition, the act of unlawful withdrawal can potentially give rise to a civil lawsuit by the debtor, who is entitled to compensation for losses suffered due to the unauthorized withdrawal. Debtors have a number of legal remedies that can be taken if they experience an unauthorized withdrawal of fiduciary collateral objects. They can ask the financing company to show a valid fiduciary collateral certificate, and if they cannot show one, the debtor does not need to hand over the collateral object. Debtors can also report unlawful acts to authorities, such as the Financial Services Authority or the Ministry of Finance, to obtain better legal protection.