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All Journal International Journal of Social Service and Research Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae Tribuere
Novina Sri Indiraharti, Novina Sri
Faculty Of Law, Trisakti University
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Tribuere

 1 
TINJAUAN YURIDIS KECAKAPAN BERTINDAK PARA PIHAK DALAM PERJANJIAN UTANG-PIUTANG (STUDI PERJANJIAN PADA ERICKO CHANIAGO DENGAN PT. BCA FINANCE DAN CV. TRIJAYA MAKMUR SEJAHTERA) Bloude, Bastian; Indiraharti, Novina Sri
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20091

Abstract

In an agreement, must pay attention to the provisions of Article 1320 of the Civil Code, one of the conditions is the acting skills of the parties when making the agreement. In this case, there was an agreement which, at the time it was made, one of the parties was not competent in carrying out legal acts, which conducted by Ericko Chaniago with PT BCA Finance and CV Trijaya Makmur Sejahtera. The problem in this research is: how is a person's maturity regulated as a condition for the validity of their ability to act in making an agreement? and whether the agreement made between Ericko Chaniago and PT BCA Finance and CV Trijaya Makmur Sejahtera meets the requirements for the validity of the agreement, especially regarding the element of the parties' acting skills? The method used in this research is a normative juridical method, using secondary data as the main data, in the form of primary legal materials, namely using statutory regulations and secondary materials in the form of literature, processing is carried out qualitatively and conclusions are drawn deductively. The results of this research concluded, that a person's maturity in Indonesian laws and regulations varies, in the Civil Code, a person's maturity is 21 (twenty one) years, but Indonesian law recognizes that a person's maturity is 18 (eighteen) years, one of which is as intended in the Notary Position Law, and it was found that the agreement made by Ericko Chaniago with PT BCA Finance did not meet the elements of acting skill of the parties, because Ericko Chaniago was still under 21 (twenty one) years of age, while for the agreement between Ericko Chaniago and CV Trijaya Makmur Sejahtera had fulfilled the requirements for the parties' acting skills, but it was found that there was a violation of other conditions, namely the existence of unlawful causes in the agreement.
TINJAUAN YURIDIS PERJANJIAN PEMBORONGAN PEKERJAAN ANTARA PT ABC DAN PT XYZ Yuhao, Sun; Indiraharti, Novina Sri
Tribuere Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/trb.v1i2.20108

Abstract

Engagement according to Prof. Subekti is a legal relationship between two people or two parties, based on which one party has the right to demand something from another party, and the other party is obliged to fulfill that demand. Apart from that, the terms of the contract itself are regulated in article 1313 of the Civil Code which explains that an agreement is "An agreement is an act in which one or more people bind themselves to one or more other people." In this case, there is a contracting agreement as previously referred to by author, namely the contracting agreement for the construction of the ABC Tower project, the problem with this agreement is whether the contracting agreement agreed and signed by PT ABC has fulfilled the conditions for the validity of the agreement and whether PT ABC's actions in not carrying out its obligations can be categorized as an act of default and what are the consequences of the status the default. The research in this scientific work uses descriptive characteristics to provide an overview of whether or not the contracting agreement agreed and signed by PT ABC is appropriate and how the legal consequences and categories of an act can be considered an act of default. Referring to Article 1320 of the Civil Code, for an agreement to be valid, four conditions are required, their agreement to bind them; the ability to make an agreement; a certain thing; a lawful cause. If the creditor party in the agreement defaults, it will have consequences that can used or pursued by the debtor, namely Fulfillment of the agreement; Fulfillment of the agreement accompanied by compensation; Just compensate; Cancellation of agreement; Cancellation of the agreement is accompanied by compensation.
PERLINDUNGAN HUKUM NASABAH ASURANSI YANG MENOLAK RESTRUKTURISASI POLIS PADA PERUSAHAAN ASURANSI YANG MENGALAMI GAGAL BAYAR (STUDI KASUS PADA PT ASURANSI JIWASRAYA (PERSERO) Widhiantara, Anggara Pradnya; Indiraharti, Novina Sri
Tribuere Vol. 2 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/80evdz37

Abstract

The financial problem of PT Asuransi Jiwasraya (Persero) made the company unable to pay the insurance policy holders’ claim. However, even though the company had offered an option for its policy holders to restructure their policy, there are policy holders who refused that option, and instead sued the company and demanded immediate payment. This research tries to highlight the form of legal protection in the insurance policy and judges’ considerations which are given to policy holders who refused the restructurization option. From the results of the analysis, it was concluded that the legal protection had been provided in the insurance policy, in the form of dispute resolution mechanisms provided, which are able to be chosen by the policy holders. Furthermore, in the judges’ considerations on the cases which are the objects of the research, it was concluded that the judges had attempted to provide legal protection, however the protection wasn’t perfect, because there are potential errors in the legal rules used as the basis for the considerations. For this reason, this research suggests that judicial institutions should be more cautious in giving legal protection, so that the rights of all policy holders can be protected.
DAMPAK YURIDIS WANPRESTASI DALAM PERJANJIAN LEASING KENDARAAN BERMOTOR (STUDI PUTUSAN NOMOR 04/PDT.G.S/2021/PN PTI) Jackson, Michael; Indiraharti, Novina Sri
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/

Abstract

As the economy of a country develops, the needs of society will also increase. The needs of society, whether primary, secondary, or tertiary, will inevitably rise, including the need for transportation. To meet the transportation needs, many people obtain the necessary funds through borrowing. The high demand for financing among the public has led to the increasing number of financial institutions, both banks and non-bank financial institutions, with the goal of fulfilling the public's needs, especially for financing, whether in the form of funds or capital goods. With the existence of consumer financing, there is a need for legal regulations that can ensure security for both parties. Therefore, these regulations and legal foundations are governed by Law No. 42 of 1999 concerning Fiduciary Guarantees. This study focuses on a case ruling regarding default (wanprestasi) related to fiduciary guarantees, which took place in the Pati District Court, with ruling Number 04/Pdt.G.S/2021/PN Pti. The issue in this research is the default on a motor vehicle loan made by the debtor, Suratmi, to the creditor, PT Indomobil Finance Indonesia. The purpose of this research is to examine the legal consistency regarding the default ruling in Case Number 04/Pdt.G.S/2021/PN Pti. Therefore, this research aims to provide conclusions on the default issue between Suratmi and PT Indomobil Finance Indonesia, particularly whether the elements of default have been met and whether the case is in accordance with the applicable laws and regulations in Indonesia.
Co-Authors Azka Hady Suryajaya Bloude, Bastian Devita Tiara Maharani Tsaqif Dhany Rahmawan Diah Melani Fernandes, Maria Angelica Araujo Hermanto, Suluh Annastasya JACKSON, MICHAEL Kholida Nabila Ratnawati, Elfrida Richard Siahaan Riesky Ayu Andamari Salsabila Prajna Damayanti Shakila Arivia Azhari Sudi Hasby As Shidiqie Syahrul Afrizal Widhiantara, Anggara Pradnya Yuhao, Sun