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All Journal i-Latinnotary Journal: Internasional Journal of Latin Notary
Azharuddin Azharuddin
Universitas Prima Indonesia
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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 REVIEW OF BANKRUPTCY IN SIGNING AGREEMENT ON BUYING SELLING OF FLAT IN MEDAN Heriyanti Heriyanti; Azharuddin Azharuddin; Giovanni Thomasia
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.v2i02.38

Abstract

Flats as a place to live with the hope of meeting the needs of the community, especially those who live in cities, there is no reduction in excessive land use and creating infiltration areas for water. With the increase in the number of people in 2010-2020 with an annual average of around 1.25%, it indirectly results in greater decent housing due to the dense population and limited land in the city, thus creating flats. The purpose of the study is to analyze the signing of the Sale and Purchase Binding Agreement (PPJB) for flats, the legal consequences if the developer of the flat goes bankrupt and dispute resolution if the settlement period by the developer defaults on the PPJB flats. The normative juridical method used in this study. With the results, the process of making PPJB flats must meet Article 1320 of the Civil Code as a condition for the validity of the agreement and be made before a Notary. Consequence with a declaration of bankruptcy against the developer resulting in general confiscation of the assets of all assets owned by the developer. Settlement of disputes caused by the inappropriateness of the apartment unit building or the lapse of the settlement period carried out by the developer, is carried out through a non-litigation process (out of court) and if there is no reconciliation, it can be continued with the litigation process (through the court process).
Co-Authors Elvira Fitriani Pakpahan Giovanni Thomasia Heriyanti Heriyanti Riris Swastriona Purba