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All Journal Jurnal Bina Mulia Hukum WAJAH HUKUM
Syarifa Mahila, Syarifa
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Law, Crime, Criminology & Criminal Justice

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Legal Protection of Banks That Give Business Capital Credit Without Collateral Mahila, Syarifa; Hariss, Abdul; Maryati, Maryati; Fauzia, Nur
Jurnal Bina Mulia Hukum Vol. 8 No. 2 (2024): Jurnal Bina Mulia Hukum Volume 8 Number 2 March 2024
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jbmh.v8i2.1361

Abstract

This research aims to analyze legal considerations for business credit without collateral and analyze legal protection for banks that provide business credit without collateral. The research method used in this research is normative juridical. The results of the research show that business credit providers have legal protection if business credit without collateral is carried out through preventive protection, which of course requires a formula based on the contents of credit agreement that has been determined and must be implemented if a default occurs. There is a need for the contents of agreement to be precise so it can be binding and stated in the credit agreement, which of course has also been agreed upon by all parties; legal protection, which is considered repressive; as a reference in taking steps if there is a risk of loss from the business carried out by the capital provider; and the need for an institution to Alternative Dispute Resolution in the Financial Services Sector (LAPS Financial Services Sector) is an institution that resolves disputes in the financial services sector outside of court. If the credit repayment stage is problematic, it is necessary to resolve it without harming both parties based on the amount of credit given is not a large amount. So, an Alternative Financial Services Sector Dispute Resolution Institution (Financial Services Sector LAPS) is needed to resolve disputes through face-to-face meetings before a mediator or arbitrator, electronic media, or document inspection.
Perjanjian Jual Beli Tanah Berdasarkan Hukum Adat di Desa Sungai Sayang Kecamatan Sadu Kabupaten Tanjung Jabung Timur Maryati, Maryati; Mahila, Syarifa; Restarum, Triamy; Puspita, Sri Ayu Indah
Wajah Hukum Vol 9, No 2 (2025): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v9i2.1978

Abstract

This study aims to explore and analyze the implementation of land sale and purchase agreements based on customary law in Sungai Sayang Village, Sadu Subdistrict, Tanjung Jabung Timur Regency, as well as to examine the legal strength of such agreements from the perspective of national law. In customary communities, land transactions are not only guided by formal legal principles but are also deeply rooted in local norms and traditions that have been passed down through generations. This research employs an empirical juridical approach using qualitative methods. Data were collected through interviews with traditional leaders, village officials, and community members who have engaged in land transactions, as well as through a review of relevant documents. The findings reveal that land sale and purchase processes in Sungai Sayang Village are typically conducted orally, witnessed by customary leaders and local witnesses, and accompanied by symbolic gestures as a sign of a valid agreement. Although unwritten, such agreements are deemed legitimate and binding under customary law.However, from the perspective of national law, these agreements do not carry full legal force unless formalized through an authentic deed in accordance with applicable statutory regulations. Therefore, it is necessary to harmonize customary law with positive (national) law to ensure that community land rights are protected and future disputes are prevented
Co-Authors Abdul Hariss, Abdul Maryati Maryati Nur Fauzia Puspita, Sri Ayu Indah Restarum, Triamy