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All Journal Jurnal Hukum Khaira Ummah Sultan Agung Notary Law Review
Siti Rodhiyah Dwi Istinah
unissula
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Position of Insurance Agreement (Borgtocht) as a Form of Credit Bindings Wahyu Adi Wibowo; Siti Rodhiyah Dwi Istinah; Ira Alia Maerani
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.396-408

Abstract

This study aims to examine and analyze the credit agreement at PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch and to examine and analyze the legal position of the guarantee agreement (Borgtocht) as a form of credit binding at PT BPR Surya Yudhakencana Banjarnegara Purwokerto branch and to determine the form of the guarantee agreement deed (Borgtocht). ).The research approach method is a sociological juridical research method. The research specification uses descriptive analysis. The types and sources of research data are divided into two, namely primary data and secondary data. Methods of data collection by using the interview method, study documents or library materials. The data analysis method uses qualitative analysis, namely by using the data that has been obtained to then connect it with the provisions and legal principles related to the problem under study with an inductive logic, namely thinking from the specific to the general. The results showed that PT BPR Surya Yudhakencana Banjarnegara Purwokerto Branch did not yet have an SOP in the implementation of the guarantee agreement (Borgtocht), however, in its implementation, it is still guided by the standard rules that apply to civil law in the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code. The existence of the 6C indicator in the selection of borg, so that the position of the insurer (Borgtocht) has the power to carry out the function as guarantor according to the underwriting agreement deed that has been agreed and signed.
The Constitutionality of the Proposal to Extend the Term of Office of Village Heads in the Principles of Democracy Muhammad Mubarok; Siti Rodhiyah Dwi Istinah
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51032

Abstract

Abstract. The extension of the village head’s term of office emerged following numerous demonstrations by village heads. Article 39 of the Village Law stipulates that the Village Head holds office for six years from the date of inauguration. A Village Head may serve a maximum of three consecutive or non-consecutive terms. However, the Village Head rejected this provision and requested that Article 39 of the Village Law be revised, allowing the village head’s term of office to be extended from six years to nine years. This is despite Constitutional Court Decision No. 42/PUU-XIX/2021 providing a constitutional interpretation of the term limit for Village Heads. This study aims to address the constitutionality of the Village Head’s term limit following the Constitutional Court Decision and its impact on village law and governance. This research utilizes both a legislative and conceptual approach. The research findings indicate that the limitation on the term of office of Village Heads in Constitutional Court Decision No. 42/PUU-XIX/2021 was implemented based on democratic principles and the spirit of the limitations required by the 1945 Constitution, modeled on the positions of President and Regional Heads. Furthermore, the urgency of extending this term of office is based on the need to increase productivity, complete village development, and reduce post-election polarization. However, negative implications such as the potential for authoritarianism, abuse of power, and stagnation in leadership regeneration make this proposal controversial. Furthermore, excessively long term extensions can lead to political saturation and reduced community participation in village democracy.
Co-Authors Ira Alia Maerani Muhammad Mubarok Wahyu Adi Wibowo