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All Journal Jurnal Cita Hukum Jurnal Ilmiah Universitas Batanghari Jambi SIGn Jurnal Hukum
Yunanto Yunanto
Universitas Diponegoro
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Peralihan Hak Atas Tanah melalui Putusan Pengadilan: Implikasi Yuridis dan Tantangan dalam Pelaksanaan Laila Nuraini; Yunanto Yunanto
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.265

Abstract

This study aims to examine and analyze the juridical implications of land rights transfers through court decisions and identify the challenges and obstacles encountered in transferring them. This study uses normative legal research with conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the dispute resolution of land rights transfers through inkracht court decisions can provide legal certainty and positive impacts for the disputing parties. However, some negative effects need to be anticipated and managed effectively. Furthermore, challenges and obstacles are faced when executing land rights transfers based on inkracht court decisions, necessitating efforts to improve the court decision enforcement system. Improving the court decision enforcement system involves the active participation of the government, law enforcement, land agencies, and parties involved in land rights transfer disputes. Therefore, it is recommended that parties involved in land rights transfer disputes consider the negative impacts of inkracht court decisions by collaborating with law enforcement. Through good cooperation and coordination among agencies and enhanced law enforcement capacity, it is hoped that the land rights dispute resolution system transfer can create legal certainty and promote the economic value growth of disputed land, ultimately impacting the productivity and welfare of the surrounding community.
Eksekusi Jaminan Fidusia Setelah Adanya Keputusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 dan Nomor 2/PUU-XIX/2021 Yoga Muslim Irmanda; Yunanto Yunanto
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3306

Abstract

Public interest in fiduciary guarantees is increasing and creates opportunities for several problems to occur, such as the execution of fiduciary guarantees when the debtor breach the contract. In the execution process, the creditors often done an arbitrary action that cause the debtor suffers a loss. The polemic over the execution of fiduciary guarantees has led to a judicial review of the Fiduciary Guarantee Law. From the judicial review, MK Decision Number 18/PUU-XVII/2019 and MK Decision Number 2/PUU-XIX/2021 were issued. On the other hand, the decision is considered to have caused a loss to the creditor. The law is expected to create justice and provide legal certainty to all people. The author uses a normative juridical method to further examine legal certainty for creditors regarding the existence of the Constitutional Court Decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021 in carrying out the execution of fiduciary guarantee objects. Execution of fiduciary guarantees must still be carried out by creditors in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees if they fulfill the conditions in the form of an agreement about a breach of contract and secondly, namely the fiduciary giver (debtor) voluntarily surrenders the fiduciary guarantee object in the context of execution. With the Constitutional Court's decision, it is hoped that the agreement between the creditor and the debtor will be made in more detail, especially on the point of default of the debtor.
Legal Consequences of Repurchase Agreement Transaction Against Buyer with Non-Good Faith Party in Civil Law Faris Satria Alam; Budi Santoso; Yunanto Yunanto
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.33790

Abstract

Exchanges inside the community are commonly alluded to as securities financing exchanges or repos. In certain markets, this will moreover be seen as a prospects exchanging course of action whose essential reason is to lend or borrow cash. In any case, like all other exchange, a repo exchange isn't resistant to the chance of default, and the party who endures a loss due to default will be held at risk for the misfortune in great confidence. Shockingly, this is often not continuously the case. In a commentary titled "Legitimate Suggestions of Buybacks for Customers Who Have Misplaced Believe in Respectful Law," the creator analyzes different sources of data pertinent to entering into buyback understandings, counting the author's own composing fashion. The contention put forward by the creator is that for a substantial exchange the buyer must be a bona fide shopper who is unconscious of any surrenders within the products acquired and the exchange of title must be formalized in composing. That's what it implies. I concur with that as well. On the off chance that resources are utilized in exchanges such as promises, bona fide buyers must be fulfilled that the conditions are met. Agreeing to this ponder, future repurchase exchanges may have legitimate suggestions for noxious indebted individuals (buyers). Commercial exchanges and respectful contracts include dangers, particularly in the event that the resources included must be sold, are perpetual, cannot be exchanged or utilized to secure obligation.Keywords: Repurchase Agreement, Transaction, Good Intention
Co-Authors Alam, Faris Satria Budi Santoso Laila Nuraini Yoga Muslim Irmanda