Tutiek Retnowati
Faculty of Law, Narotama Universty Surabaya

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The Power of Law To Buy Land A Knock-Off Who Is Not Recognized For Sale Bought It By A Vendor’s Heir Tutiek Retnowati; Widyawati Boediningsih
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.89

Abstract

This study aims to findout and analyzed the form of proof of Proof in the deed Onderhands has the same power as an authentic deed if the content of the deed is not denied by the parties or in the other words acknowledge and do not deny the truth of what is written and the signatures of the parties in the agreement.  The research method in this study uses normative research methods and uses a statute approach and conceptual approach. The result of this research is that in accordance with article 1857 BW, The power of proof of a deed underhand can be equated with an authenthic deed.  A Buying and Selling  agreement using a deed onderhands is valid if examined in article 1320 BW because it has fulfilled the elements in the legal requirements of the agreement.  Second, Efforts to resolve disputes that can be carried out by the buyers is by filling a lawsuit for default at the distirct court, because the absolute requirement for making a Buying and Selling deed (AJB) by PPAT must be attended by the parties concerned. The panel of judges can issue a decision by giving permission to the buyer to register Petok D through a Buying and Selling in order to be able to take care of the transfer of name without the participation of the heirs in order to register a certificate of Land rights at the office of the national defense Agency.
On Insurance Claims Liability PT Jamkrindo Junnytte Juliana Pinca; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.125

Abstract

The purpose of this research is to find out and analyze whether a fictitious credit agreement that has been Guarantee d by insurance can make a payment claim and to find out and analyze what is the responsibility of PT Jamkrindo for the credit insurance Guarantee of PT Bank Jateng Blora Branch against the fictitious credit of PT Lentera Emas Raya. The research method used is a normative method based on a case study and literature by collecting legal materials, both primary legal materials and secondary legal materials. The legal materials include books, laws and regulations such as the statute approach and conceptual approach. Research results In a fictitious credit agreement that has been Guarantee d by insurance to be able to make a payment claim, it does not have to be a payment claim, against the insurance claim submitted by the policy holder of PT Bank Jateng Blora branch as a creditor to PT. Lentera Emas Raya to PT Jamkrindo as the guarantor cannot be held responsible due to an unlawful act and has violated the terms of the insurance agreement.
Default Settlement on Unsecured Loans Kuntri Selvilia Lidya Sari; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.126

Abstract

Economic development is the most important part of national development goals, such as the 1945 Constitution (after amendments) in the fourth paragraph, namely: Protecting the entire nation to promote general welfare, educating the nation's life and participating in carrying out world order. The aim is to find out and analyze the legal consequences arising from Default from a credit agreement without collateral and to know and analyze so that the settlement of default from an unsecured credit agreement is carried out by the debtor. The research method used is normative law (normative juridical) and analysis of laws and regulations, jurisprudence, contracts and legal literature. The result of the research is the position of guarantee in providing credit by the Bank as the creditor to the debtor, which is an absolute requirement with the aim of having legal certainty which has been expressly regulated in the credit agreement. Legal remedies that arise if credit is given without any guarantee from the customer (debtor) is that the bank is in its position as a concurrent creditor on a par with other creditors in terms of paying off credit debts, so that they have to compete with other creditors in paying off credit debts. Because it does not
Legal Protection for Victims of Traffic Accidents Due to Against The Law Rafi Hidayahtullah Pakaya; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 1 (2022): June
Publisher : Faculty of Law, Merdeka University Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i1.127

Abstract

The occurrence of a traffic accident is an act against the law that can result in harm to other people, violators can be sentenced in the form of payment of compensation either materially or immaterially to the victim and their heirs. According to Article 1365 of the Civil Code states "every act that violates the law, which results in harm to others. It is obligatory for people who because of their actions to publish losses, are obliged to compensate for these losses", further article 1366 of the Civil Code states that "everyone is required to be responsible not only for losses caused by his actions, but for losses caused by negligence or lack of caution.
The Legal Status of An Individual Company Based On The Copyright Law Linda Setiawati; Tutiek Retnowati
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 18 No. 2 (2022): 30 September 2022
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v18i2.128

Abstract

One of the relatively dominant business entities in economic activity is the type of business entity in the form of a Limited Liability Company. In the case of sustainable development, one of the establishments of a PT which is establishment of a PT is at least 2 (two) people as stated in Article 7 paragraph (1) of the PT Law. It becomes a problem when a PT arrangement can be establishment by one person and then how is the responsibility for shareholders as in an individual company in the mandate of the Job Creation Act. The formulation of the problem proposed by the author is the legal ratio of individua in the Job Creation Act and the legality of the establishment of a limit liability company. The reseatch conducted by the author uses normative legal research using a staturory approach and a conceptual approach ana historical approach. The result of the discussion area ratio legis the birth pf Company individuals in Indonesia is to provide convenience for the development of micro and small business activities to run their business in the form of a leal entity and the establishment of an individual company in Indonesia is legal and legal if all the procedures for establishment are in accordance with those stipulated in Goverment Regulation 9 of 2021 concering the authorized capital of the company and registration the establishment, amandment, and dissolution of a company that meets criteria for micro and small businesses.