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Journal : Comprehensive Journal Law

Penyelesaian Wanprestasi Dalam Perjanjian Kredit Dengan Jaminan Hak Tanggungan Thomas Adrian Doing; Celina Tri Siwi K; Hermanto Silalahi
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

The purpose of this research is to find out the legal settlement of the default in the credit agreement at Obor Mas Maumere Credit Cooperative and to know the inhibiting factors for the settlement of defaults in the loan agreement with guaranteed Mortgage Rights.The research method used is an empirical juridical research,with a sosiological juridical approach method,.According to the results of the research obtained,the settlement of defaults in the loan agreement with guaranteed Mortgage at Obor Mas Maumere Credit Cooperative is carried out through two ways of settlement, namely through non-litigation and litigation channels.calling of the debtor and through credit coaching by investigating the causes of late payment. If the effort to save credit by rescheduling is not successful,the solution taken by the Obor Mas Credit Cooperative is through legal channels (litigation).With the procedure,give a warning letter first ( SP1,2,3),if there is no settlement from the borrower,the next step is the execution of collateral. The execution process can be through Execution by selling under the hand directly,Execution through the State Wealth and Auction Service Office (KPKNL) and Execution through the District Court.The inhibiting factors that arise in the settlement process come from the debtor himself,the non-cooperative debtor hides / loses intentions by the debtor to delay the mediation with the Credit Cooperative and ignores the warning letter given by the Credit Cooperative,lack of understanding by the debtor regarding settlement steps default in the credit agreement offered by the Credit Cooperative so that it is difficult to obtain an agreement.The issuer usually makes if difficult to hand over the collateral, does not even vacate the collateral object that will be auctioned.from collateral takes a long time.
Perlindungan Hukum Nasabah Pialang Perdagangan Berjangka Dalam Transaksi Valuta Asing Berdasarkan Pasal 50 Undang-Undang Nomor 10 Tahun 2011 Tentang Perubahan Atas Undang-Undang Nomor 32 Tahun 1997 Tentang Perdagangan Berjangka Komoditi Frans Kurniyawan; Celina Tri Siwi K; Hermanto Silalahi
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

Government effort to improve the citizen welfare requires a lot of funds, therefore the fund’s needed from investment at capital market is growing significantly. These needs spur the development of Indonesia’s commodity futures trading activities, foreign exchange trading included. Along with those development, rise a number of problems about fulfillment of customer’s legal protection. Fulfillment of such legal protection comes from two parties; first, from the state through Law No. 10 of 2011 and Bapebbti in form of Regulation of the Head of Bappebti, and from the futures trading broker as customer’s partner. The provisions governing the birth of customer and futures trading brokers relationship are regulated in Article 50 of Law No. 10 of 2011. Elements of law stated on it have provided legal protection that upholds the purposes of law such as justice, legal certainty, and benefits. Legal protection of the customer by futures trading broker is provided and can be measured by complying positive law
Penegakan Hukum Pada Pelanggaran Rambu Lalu Lintas Oleh Kalangan Remaja Kezia Caterina Doren Junior; Diah Imaningrum. S; Celina Tri Siwi K
Comprehensive Law Journal Vol. 1 No. 2 (2023): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

The research that the author conducted aims to find out law enforcement and the obstacles carried out by the Traffic Police Unit of Klojen Malang on Violations of Traffic Signs by Teenagers. Based on the analysis of data and facts obtained by the author directly from the Malang Klojen Police Traffic Unit, the author concludes that the law enforcement carried out by the Malang Klojen Police Traffic Unit is in the form of coaching efforts (preemptive), counseling efforts (preventive) and action efforts (represive), where the three efforts are a unity in enforcing the law on teenagers to be more orderly in driving. As for the obstacles experienced by Satlantas Klojen Malang Police when carrying out Law Enforcement, these obstacles are in the form of internal and external factors, for the internal obstacles themselves lack of law enforcement professionalism while the external obstacles are the lack of supporting facilities and infrastructure and the lack of legal awareness among teenagers. For the method used, using empirical juridical methods where this method is carried out by observation and data collection by interviewing the intended respondents.The author's suggestion is, considering that violations of traffic signs committed by teenagers are increasing, the police especially the Klojen Malang Police Traffic Unit, are more active in enforcing traffic regulations so that in the following year the number of violations of traffic signs committed by teenagers can decrease. So that efforts are made by conducting socialization in schools, colleges and in places frequented by teenagers.
Pelaksanaan Bantuan Hukum Secara Cuma-Cuma (Pro Bono) Pada DPC Peradi Rumah Bersama Advokat (RBA) Kabupaten Malang Maharani Putri Laimeheriwa; Hermanto Silalahi; Celina Tri Siwi K
Comprehensive Law Journal Vol. 2 No. 2 (2024): Desember : Comprehensive Journal Law
Publisher : Universitas Katolik Widya Karya Malang

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Abstract

This research aims to find out how pro bono obstacles providing free or pro bono legal assistance to the community is implemented and what are the experienced by the DPC PERADI Rumah Bersama Advokat (RBA) Malang Regency. The research method used empirical juridical research with a qualitative approach. Data sources were collected through interviews on informants consisting of the Chair and Secretary of Peradi RBA Malang Regency, and library data obtained from library sources, statutory regulations, and other literature. The results of the research show that Peradi RBA Malang Regency is pro bono legal assistance to the community has gone well and there were 6 (six) cases successfully handled in the period of 2021 to 2023. Peradi RBA Malang Regency also collaborates with various agencies to show the public that this organization exists to help underprivileged people obtain their rights. The obstacles faced in providing pro bono legal assistance are time, cost and bad stigma from society. Therefore, education for the public by the government and law enforcement officials must be a concern, because this education is very necessary to protect the rights of the community itself.