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All Journal JARES (Journal of Academic Research and Sciences) JOSAR (Journal of Students Academic Research)
Waluyo
UPN Veteran Jawa Timur
Economics, Econometrics & Finance Education Electrical & Electronics Engineering Social Sciences

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LEGAL PROTECTION OF CREDITORS AGAINST THE EXECUTION OF COLLATERAL OBJECTS IN THE EVENT OF THE DEBTOR'S BREACH OF PROMISE AT BANK MANDIRI KC SURABAYA GENTENGKALI Reza Nugraha Putra; Waluyo
JARES (Journal of Academic Research and Sciences) Vol 8 No 2 (2023): September 2023
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/jares.v8i2.2702

Abstract

When the debtor neglects to make payments on his debt, an execution parate is made as a form of legal protection for creditors. The origin of the execution of mortgage rights can be traced back to this time. UUHT has provided a precise description of the execution that can be carried out in the event of a debtor's default, including holding an auction known as "execution parate". Empirical legal research does not only focus on the positive aspects of law but also its application or practice in the field. In addition, the methodology used in this research is qualitative. In addition, this study uses three types of legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. This study shows that Article 6 UUHT contains requirements regarding legal protection for creditors. The form of a written agreement is another form of legal protection for creditors to be able to take back their rights from debtors with bad intentions to pay off their receivables, and banks can carry out parate executions if the debtor defaults.
THE ROLE OF THE POLICE IN EFFORTS TO HANDLE CAROK IN THE TRADITION OF CONFLICT RESOLUTION IN BANGKALAN COMMUNITIES IN MADURA (CASE STUDY IN BANGKALAN POLRES, MADURA) Deny Frimansyah; Waluyo
JARES (Journal of Academic Research and Sciences) Vol 8 No 2 (2023): September 2023
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/jares.v8i2.2717

Abstract

Indonesia is a country that upholds the principle of the rule of law. State law is something that must be obeyed by everyone without exception. But in the existing reality, state law, especially criminal law, is not enforced on an indigenous community because society has made an existing tradition a law or regulation that is used as an effort to solve problems even though this tradition conflicts with Indonesian criminal law. The Criminal Code (KUHP) is a guide in resolving conflicts that exist in people's lives. In this case, the role of the police as law enforcement officers must be maximized and synergize with the community so that they can adapt to existing traditions in society which in the future are expected to be able to provide a middle way for a conflict between public law, namely criminal law and traditions still held by some circles of society.
JURIDICAL REVIEW RETURN OF PERSONAL PROPERTY PROPERTY AGAINST CONVICTED CRIMINAL ACTS OF CORRUPTION Ivan Maulana; Waluyo
JOSAR (Journal of Students Academic Research) Vol 8 No 2 (2023): September
Publisher : Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/josar.v8i2.2740

Abstract

The purpose of this study is to find out what assets can be confiscated in criminal acts of corruption and to find out whether the confiscation of assets carried out by investigators against criminal acts of corruption is in accordance with the rule of law and what legal remedies can be taken to return these assets. In this study, the author uses a normative legal research method using a statutory approach, a case approach, and a conceptual approach. Based on the results of the study, it shows that property that is not the result or instrument of a criminal act of corruption cannot be confiscated unless the convict does not pay replacement money within 1 (one) month after the court decision that has obtained permanent legal force is read, the assets can be confiscated by the prosecutor. and auctioned to cover the replacement money and the confiscation should not be the property that is used as the defendant's livelihood. Legal remedies that can be taken for the convict if the investigator exceeds his authority in carrying out confiscation actions, pretrial legal remedies can be carried out at the investigation stage. Legal remedies for appeal, cassation and review can be carried out if the panel of judges has rendered a decision. A civil lawsuit can be filed if during the confiscation process it is known that assets that are not instruments or proceeds of a criminal act of corruption are also confiscated, causing material and immaterial losses to the plaintiff .
Co-Authors Deny Frimansyah Ivan Maulana Reza Nugraha Putra