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Gunawan Djajaputra
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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PENYELESAIAN PERKARA WANPRESTASI DALAM ARISAN BERBASIS ONLINE Brandon David; Gunawan Djajaputra
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.630

Abstract

In essence, Indonesia is a state based on law as stated in the Constitution of the Republic of Indonesia Article 1 paragraph 3, so that every community activity is regulated by using law as a tool to carry out order, justice, security and development. One form of guarantee provided by law in its products is the legal relationship between legal subjects and other legal subjects in the economic field which cannot be separated from everyday human activities with the existence of arrangements regarding agreements. One that relates to agreements is online-based arisan which is based on written or oral agreements, thus providing protection to legal subjects to avoid unwanted things such as not having good faith in carrying out online arisan activities, especially those that can be a default form. Therefore the researcher uses a type of normative research method with a statutory approach. The results of this study are that the legal consequences arising from non-payment of online arisan funds can cause losses and are included in the category of default in the agreement so that they are required to compensate for losses and the conclusion in this study is that repayment can be carried out by means of litigation and non-litigation.
Identifikasi Perlindungan Hukum Terhadap Debitur Atas Pelaksanaan Lelang Berdasarkan Undang-Undang Hak Tanggungan Lawrina Cristi Natalia Lumare; Gunawan Djajaputra
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1118

Abstract

This paper research uses the Normative Juridical research method. Land is the safest object of collateral and has relatively high economic value. The land that is pledged as collateral is then tied up and registered with the local land office to be encumbered with mortgage rights. The consequence of having a mortgage right is that if the debtor breaks his promise, the bank has the authority to auction the collateral object. In order to provide legal protection for the debtor's interests in the auction of mortgage objects, the bank is obliged to carry out the execution in accordance with applicable regulations, one of which is that the auction of mortgage objects must be in accordance with the Mortgage Rights Law in accordance with the market price or in accordance with the limit value, so that does not harm the debtor.
Penyelesaian Wanprestasi dalam Perjanjian Kredit dengan Jaminan Fidusia Pada PT Reksa Finance di Kota Jakarta Tiyas Asri Putri; Gunawan Djajaputra
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1119

Abstract

This research aims to examine the resolution of defaults in credit agreements with fiduciary guarantees at PT REKSA FINANCE in the City of Jakarta. Collateral in a credit agreement can be in the form of material collateral and personal collateral. Factors causing default involve debtor errors in managing their business, health problems that require medical costs, irregularities in the use of credit facilities, and bad faith in paying debts. PT REKSA FINANCE in Jakarta City is facing difficulties in returning loans that are not paid by debtors. This research underlines the need for PT REKSA FINANCE to focus more on non-litigation resolution in order to maintain its reputation and minimize default problems. Apart from that
Analisis Keabsahan Akta Di Bawah Tangan Atas Jual Beli Tanah yang Mengandung Cacat Kehendak Serta Penerapan Kriteria Pembeli Beritikad Baik (Studi Putusan Nomor 18/Pdt.G/2021/Pn Wtp) Fransiska Litania Ea Tawa Ajo; Gunawan Djajaputra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1525

Abstract

The purpose of writing this article is to find out the validity of buying and selling land under the hands and also to understand the criteria for buyers in good faith. The basis of this research is Decision Number 18/Pdt.G/2021/PN Wtp. This writing uses normative juridical research methods. Based on the analysis and looking at the court decision, it is known that the sale and purchase carried out is invalid because the land is inherited land that has not been divided, but the seller who is the heir sells the land without the knowledge of the other heirs so that the sale and purchase contains a defect in the will because it is not based on an agreement. together. However, the sale and purchase was also based on deception carried out by the seller against the buyer (Defendant) where the buyer was not aware of any defects in the sale and purchase. Based on this, the buyer should be said to be a buyer in good faith, but even so, the buyer is obliged to objectively examine the ownership of the land.
Co-Authors Brandon David Fransiska Litania Ea Tawa Ajo Lawrina Cristi Natalia Lumare Tiyas Asri Putri