Hono Sejati
Universitas Darul Ulum Islamic Center Sudirman GUPPI

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The Legal Implications Due to Default by the Debtor on a Car Loan Agreement with Fiduciary Guarantee Wieke Dewi Suryandari; Hono Sejati
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.150-161

Abstract

The purpose of this study is to determine and analyze: 1) The legal position of the strength of a car loan agreement with a fiduciary guarantee for creditors and debtors at Commerce International Merchant Bankers (CIMB) 2) The juridical implications of default by the debtor on a car loan agreement with a fiduciary guarantee at Commerce International Merchant Bankers (CIMB) . The approach method used in discussing this research problem is a sociological juridical approach. The research specification used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The legal position of the strength of the car loan agreement with fiduciary guarantees for creditors and debtors at Commerce International Merchant Bankers (CIMB) is included in the construction of an anonymous agreement (Innominaat), as far as the contents of the agreement have met the legal requirements (1) of the Civil Code which states that an agreement made legally applies as the law that made it, the CIMB Finance consumer financing agreement, 2) The juridical implication due to default by the debtor on a car loan agreement with a fiduciary guarantee at Commerce International Merchant Bankers (CIMB) is that the creditor does not get the fulfillment of his rights that should be obtained by the existence of the agreement. When the debtor defaults, the thing that will be done by the creditor to get the debt repaid is to sell the object that is guaranteed by the debtor. Another legal consequence of this default is that the Customer may be subject to Article 372 of the Criminal Code regarding embezzlement with a criminal offense imprisonment for a maximum of four years, then Article 36 of Act No. 42 of 1999 concerning Fiduciary Guarantees carries a maximum penalty of 2 years.
Legal Review of Restrictions on Freedom of Expression on Social Media in the Context of State Security Yordi Priambodo; Wieke Dewi Suryandari; Hono Sejati
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5864

Abstract

The development of digital technology has brought significant changes in the way individuals express their opinions, particularly through social media. Freedom of expression is a fundamental right guaranteed by various national and international legal instruments. However, in practice, freedom of expression is not absolute and can be restricted for various reasons, one of which is state security. These restrictions often give rise to debates about the legitimate limits of regulation, particularly in the context of social media, which has a wide reach and rapid dissemination of information. This article aims to examine the legal aspects related to restrictions on freedom of expression on social media to maintain state security using normative juridical research methods. The normative juridical method in this research focuses on the analysis of laws and regulations, international legal instruments, and legal doctrines related to freedom of expression and state security. This study discusses the freedom of expression from a human rights perspective, and the legal principles underlying its restrictions, including the principle of proportionality, which emphasizes the balance between individual freedom and the public interest. The study analyzes national regulations governing freedom of expression on social media, such as the 1945 Constitution, the Electronic Information and Transactions Law (UU ITE), and various other regulations. These regulations are then compared with international legal standards, such as the International Covenant on Civil and Political Rights (ICCPR). The results are expected to provide a deeper understanding of how the law regulates restrictions on freedom of expression on social media, while evaluating the extent to which regulations in force in Indonesia align with human rights principles. This study recommends ensuring that restrictions on freedom of expression are implemented proportionately without compromising individuals' fundamental rights.