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All Journal LAW REFORM International Journal of Educational Research and Social Sciences (IJERSC)
Try Widiyono
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Certainty in Land Rights Acquisition in Indonesia’s National Land Law Widiyono, Try; Khan, Md Zubair Kasem
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.48393

Abstract

Acquisition of land rights has been a protracted issue due to the complexity of land laws and regulations in Indonesia. This situation often leads to illegal land disputes and conflicts. This research investigated the aspect of legal certainty in land rights based on Indonesian laws and regulations. This study focused on the aspects of legal certainty in several laws and regulations related to land rights and examined the implications of the Law on Land Acquisition and Government Regulations (PP) of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. The research methods involved a qualitative approach with a normative and juridical approach. The research results highlight significant progress in recent regulations, such as the Perppu Cipta Kerja 2022 and PP 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, regarding more efficient and transparent procedures in providing legal certainty in obtaining the rights above ground. This finding implies the need for continuous improvement to strengthen legal certainty and to protect the rights of all parties. This research emphasizes the importance of harmonizing laws and regulations to create a conducive environment for the responsible and sustainable acquisition of land rights in Indonesia.
Risks In Provision Of Collateral Free Individual Loans: A Case Study Of Bank Rakyat Indonesia Parid, Parid; Widiyono, Try
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.689

Abstract

Collateral Free Loans is a bank loan product offered by banks as lenders with the advantage that customers as prospective borrowers are not asked to provide collateral or guarantees in the form of any assets as a condition for being able to borrow money. The advantage of this loan is that someone can apply for credit without guaranteeing their goods. However, the absence of collateral in granting credit sometimes creates problems for the parties, especially the bank as the lender. This study aims to answer the question of how the risk is in providing individual loan without collateral carried out by Bank BRI, and how the application of the prudential principle in managing the risk of individual loans without collateral at Bank Rakyat Indonesia (BRI). This is a qualitative research with a case study approach. Data collection is done by interviews, observation and documentation. The results of this study indicate that the risks faced by banks in efforts to provide individual loan without collateral are 3 factors. The first is non-compliance with the standard requirements for granting credit which includes data collection, data analysis and preparation of conclusions and recommendations. Second, the authenticity of important documents that must also be attached is sometimes doubted. Third, the occurrence of irregularities in paying debts by the payer/treasurer. To minimize the risk of lending, BRI applies the prudential principles in accordance with banking laws through credit analysis which consists of 5 (five) principles, namely character, capital, capacity, condition, and collateral, with an emphasis on 2 aspects, namely character and capacity. These two principles are in line with the fiduciary principle and prudential principle in banking law.
Co-Authors Khan, Md Zubair Kasem Parid, Parid