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JURIDIC ANALYSIS OF INDEPENDENT COMPANY ESTABLISHMENT POST GOVERNMENT REGULATION NUMBER 8 YEAR 2021 Elvira Fitriani Pakpahan; Tommy Leonard; Syahruddin Nasution
International Journal of Latin Notary Vol 1 No 2 (2021): Internasional Journal of Latin Notary, Vol. 1, No. 2, March 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v1i2.29

Abstract

Abstract An individual company is a business entity that is a legal entity and is independently providing a glimmer of hope for the community in the form of convenience in the establishment, change, revocation of the company, and the legality of an individual company. In article 1 number 1 of Government Regulation Number 8 of 2021 it is stated that individual legal entities meet the criteria for micro and small businesses as stipulated in article 2 paragraph 1 letter b that the establishment of an individual company can be established by 1 (one) person by taking legal action in the form of making an electronic statement of the establishment to the minister, research problems on how to change the company, dissolution of an individual company after Government Regulation Number 8 of 2021, what is the legality and position of a sole proprietorship after Government Regulation Number 8 of 2021.
IMPLEMENTATION OF THE IMPOSITION OF RESTRICTIONS ON EMERGENCY COMMUNITY ACTIVITIES FOR CORONA VIRUS DISEASE (PPKM) IN RELATION TO POSITIVE LAW IN INDONESIA Elvira Fitriani Pakpahan; Tommy Leonard; Darwis Darwis
International Journal of Latin Notary Vol. 2 No. 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.31

Abstract

This study aims to analyze the legal basis for implementing Emergency PPKM and sanctions if the community violates Emergency PPKM. This research is a type of normative juridical law research. To obtain the data needed in this study, literature research was used and then analyzed qualitatively by collecting primary, secondary and tertiary legal materials related to research. Based on the results of data analysis, the results obtained: The legal basis for implementing Emergency PPKM based on the perspective of the Government of the Republic of Indonesia is the Law of the Republic of Indonesia Number: 4 of 1984 concerning Outbreaks of Infectious Diseases in Article 1 to Article 6 while sanctions are regulated in Article 14 paragraph (1) to paragraph (3) and the Law of the Republic of Indonesia Number: 6 of 2018 concerning Health Quarantine in Article 9 while sanctions are only given to the captain, pilot captain and person in charge of land transportation with the overall implementation regulated in government regulations where government regulations are statutory regulations determined by the President to carry out the law properly, The benefits of the Emergency PPKM being implemented are to suppress the spread of the covid-19 virus in certain activities or in non-essential activities as a form of follow-up to the direction of the President of the Republic of Indonesia because people do not understand the importance of implementing health protocols so that there is an increase in people exposed to the corona virus every day, The sanctions given if the public violates the Emergency PPKM do not have a strong legal basis and the issuance of the Instruction of the Minister of Home Affairs is not appropriate because Indonesia is still in a state of emergency based on Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency so that emergency handling must refer to Presidential Decree Number: 11 of 2020 concerning the Determination of the Covid-19 Public Health Emergency or through a Government Regulation.
THE CONCEPT OF IMPLEMENTATION CREDIT AGREEMENTS THROUGH ONLINE MEDIA IN LEGAL PERSPECTIVE Azharuddin Azharuddin; Elvira Fitriani Pakpahan; Riris Swastriona Purba
International Journal of Latin Notary Vol 2 No 1 (2021): Internasional Journal of Latin Notary, Vol. 2, No. 1, September 2021
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i1.35

Abstract

The Indonesian state’s philosophical foundation is Pancasila (Five principles) and The 1945 Constitution which guarantees and provides legal protection for all Indonesian people. The provision of credit to debtors is contained in a credit agreement with a legal basis that still refers to Article 1320 of the Civil Code. Credit Agreement in banking is a standard agreement or standard with clauses determined by the bank. Legal subjects are creditors and debtors, namely individuals, business entities and legal entities. The notary has the authority to make an authentic deed for the parties who need it in terms of proof. There are two legal powers of proof in an authentic deed, namely formal and material. The granting of credit between the creditor (bank) and the debtor will be stated in the deed. The process of binding credit or implementing a credit agreement at a bank will require the services of a Notary and Land Deed Maker (PPAT) in binding debtor credit guarantees which will be adjusted to the provisions of each bank in the bank's operational standards for each credit facility and credit limit given to individual debtors, business entities and legal entities. The terms of implementing the credit agreement have not regulated offline media or online media and how the protection is provided to banks and debtors if the credit agreement is made online and the role of the Notary/PPAT as a general official in supporting the online credit agreement implementation process.
JURIDICAL ANALYSIS OF DEBT COLLECTIONS TOWARDS DEFAULT DEBTOR WHICH DEBT HAS MATURED AS THE TIME WHEN THE DEBT ACKNOWLEDGMENT LETTER HAS NOT ENDED Tommy Leonard; Elvira Fitriani Pakpahan; Helen Jennyver Yang
International Journal of Latin Notary Vol. 2 No. 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.39

Abstract

One of the forms of trust between one individual with the others is by making a mutual agreement that is outlined in a written agreement. In the process of it, there are certain conditions that might result in the termination of the agreement as there is default in the written agreement. One of the forms of written agreement that has been stated is debenture note. As if the case of Supreme Court Decision No. 3051/K/Pdt./2017 pertaining to creditor collect debt towards debtor in which the debtor has been negligent and not able to settle the debt throughout 3 (three) months successively as the debt acknowledgment letter has not ended with the result that creditor accuse the debtor to be seized its collateral. Research Methodology that is being used is, juridical normative law research methodology. Inasmuch as juridical normative law research methodology therefore sources and types of data focused on secondary data. Through this research it can be concluded that, debt acknowledgement letter that is made under consideration of Supreme Court Judge is not based on when is the end of the acknowledgement letter, but it is more to the substance of the contents of the debt acknowledgement letter which is the primary essence of the birth of its debt recognition, where both sides agreed the debt shall be collected immediately for 3 (three) months successively.