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All Journal Iuris Studia: Jurnal Kajian Hukum Jurnal Pencerah Bangsa
Hasim Purba
Program Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Kreditur Atas Upaya Penundaan Lelang Eksekusi Hak Tanggungan Akibat Kredit Macet (Studi Putusan Mahkamah Agung Nomor 15 K/ Pdt/ 2019) Ade Nona Halawa; Sunarmi Sunarmi; Hasim Purba; Sutiarnoto Sutiarnoto
Iuris Studia: Jurnal Kajian Hukum Vol 3, No 2 (2022): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v3i2.241

Abstract

The provisions for delaying the auction of mortgage executions in the context of settling bad loans have not been regulated in laws and regulations, but only contained in the Joint Statement (PB) and Forced Letter (SP) made by PUPN/KPKNL to postpone the auction of mortgage executions. Legal protection for creditors in the execution of mortgage execution auctions in the context of settlement of bad loans has been provided by Law Number 4 of 1996 concerning Mortgage Rights. Prior to binding the Mortgage Rights, the form of a credit agreement between the creditor and the debtor is prioritized. This Credit Agreement functions as evidence and provides limitations regarding the rights and obligations of each party, so that the credit agreement can guarantee the repayment of creditors' debts, a guarantee binding process must be carried out with a clause granting Mortgage Rights if the object guaranteed is in the form of fixed objects, namely land rights. . Judges' considerations on the Supreme Court Decision Number: 15K/Pdt/2019 in conjunction with the Medan High Court's decision Number 11/Pdt/2018/ PT Medan in conjunction with the Medan District Court's Decision Number 726/Pdt.G/2016/PN-Mdn, Eko Handoko Hasian in terms of This lawsuit filed a lawsuit containing the cancellation of the auction for the execution of the mortgage object, however, the lawsuit filed was not acceptable (Niet Ontvankelijk verklaard) because it considered several things, first the Plaintiff's Lawsuit Contains Premature Disability, and second, the Plaintiff's Claim with Less Parties (Exceptio Pluria Litis Consortium). In addition, Eko Handoko Hasian also incorrectly postulated that the execution of the mortgage right requires fiat execution from the court because Law Number 4 of 1996 concerning Mortgage has given the creditor the right of execution which is obtained by the existence of an executorial title contained in the mortgage certificate
Kewenangan Jaksa Sebagai Pengacara Negara Dalam Upaya Pengembalian Kerugian Keuangan Negara (Studi Putusan Pengadilan Negeri Tanjungbalai Nomor: 25/Pdt.G/2020/PN.Tjb) Nurul Ayu Rezeki; Hasim Purba; M Ekaputra; Vita Cita Emia Tarigan
Jurnal Pencerah Bangsa Vol 3, No 2 (2024): JPB
Publisher : Jurnal Pencerah Bangsa

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Abstract

This thesis research is entitled "Authorities of the Prosecutor as a State Lawyer in Efforts to Recover State Financial Losses (Decision Study Number: 25/Pdt.G/2020/PN.Tjb). The research method used is normative and empirical legal research methods. This research is explorative, descriptive and prescriptive. The results of the study show that the Authority of the State Attorney's Prosecutor based on Article 33 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes is as a state representative to file a lawsuit against the heirs of a corruption suspect who has died. In the aquo case, it has actually been found that losses to state finances are basically restitution of state financial losses to be prioritized and expedited. The amount of state financial losses can be calculated based on the findings of the competent authority or the appointed public accountant, you do not have to force the calculation of state financial losses from the Supreme Audit Agency so that the principle of justice is fast, cheap and low cost is created
Co-Authors Ade Nona Halawa M Ekaputra Nurul Ayu Rezeki Sunarmi, Sunarmi Sutiarnoto Sutiarnoto Vita Cita Emia Tarigan