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Journal : Awang Long Law Review

LEGAL PROTECTION FOR DONATORS AGAINST ACTIONS BY DONATION RECIPIENTS WHO MISAPPROPRIATE DONATION MONEY Gani, Junaidi Syahputra; Handayani, Pristika; Abra, Emy Hajar
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1633

Abstract

In reality, collecting donations often does not match the original purpose of providing the funds. This is a common occurrence and is frequently reported by television, mass media, and online media. In this study, several issues are examined, including the implementation of regulations regarding donations, the legal protection afforded to donors against the misuse of donation funds by recipients, and the solutions for actions taken by recipients who misuse donation funds. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. Legal protection for donors in the context of acts of misuse of donation money by recipients of donations is a complex issue and requires serious attention. On the one hand, existing regulations have provided a sufficient legal framework to protect donors; on the other hand, there are still many challenges to their implementation in the field. Cases of misuse that occur show that the existing regulations are not fully effective in preventing misuse of funds. It is essential to strengthen the supervision and accountability of institutions that collect donations. Transparency in fund management, independent audits, and certification for trusted foundations are some steps that can be taken to increase donor trust. In addition, educating the public about their rights as donors is also crucial in building better legal awareness. With the various solutions proposed, the donation ecosystem in Indonesia can become more efficient and transparent. The public must feel safe and confident that every donation given will be used for the right purpose. Only in this way can we build a healthy and sustainable donation culture in Indonesia.
BANK'S RESPONSIBILITY FOR THE EXECUTION OF AUCTIONS FOR UNCERTIFIED LAND Kamaleng, Eduard; Abra, Emy Hajar; Hadiyanto, Alwan
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1655

Abstract

The auction method is typically used to bring together two parties in a legal transaction. In an auction, there are two parties involved: the party submitting the bid and the party that wins the auction. Auctions can be carried out on land that has been obtained and registered with a mortgage. In practice, there are also irregularities in the auction process, particularly in auctions conducted on land that has not been certified. This is the case, for example, in Court Decision Number 03/Pdt. Eks / 2020 / Pn.Tbk Jo. Number 29 / Pdt.G / 2015 / Pn.Tbk. This study will discuss the Implementation of Regulations regarding the execution of auctions for land collateral that has not been certified. How is the Bank's Accountability for the Execution of Auctions for Land That Has Not Been Certified? What is the Solution to the Execution of Auctions for Land That Has Not Been Certified? The research methodology employed in this study is a normative research approach. Regulations governing the Execution Auction include Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, Auction PMK, Mortgage Law, Regulation of the Minister of Agrarian Affairs Number 16 of 2021 concerning the Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration. The role of the bank in the smooth running of the transfer of rights from the bank as the applicant for the auction of land to the auction winner is part of the bank's responsibility, as referred to in the theory of strict liability, which requires the bank to be jointly responsible for it even though the bank did not make a mistake. To address the issue of auction execution on uncertified land, several legal solutions can be employed. First, the government needs to accelerate the land certification process through the Systematic Land Registration (PTSL) program. Second, there needs to be stricter regulations related to auction execution. Third, education and socialization to the community regarding land rights and applicable legal procedures are also critical. Fourth, establishing mediation or dispute resolution institutions at the local level can be an alternative solution to resolving disputes that arise from auction execution. Fifth, the government should also consider providing incentives for landowners who are willing to undergo certification.