Dinda Keumala
Fakultas Hukum Universitas Trisakti, Jakarta, Indonesia

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AKIBAT HUKUM ATAS PEMBEBANAN HAK TANGGUNGAN YANG DIBATALKAN OLEH PUTUSAN PENGADILAN NOMOR 226/PDT.G/2022/PN SKT: Legal Consequences Of The Charge Of Mortgage Rights Cancelled By Court Decision Number 226/PDT.G/2022/PN SKT Fauzia Rahmitha Sari; Dinda Keumala
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.22950

Abstract

This research is based on court decision No. 226/Pdt.G/2022/PN Skt. The objective of this study is to analyze the legal consequences of the cancellation of mortgage rights from a legal perspective by addressing the research problem: what are the legal consequences of the cancellation of mortgage rights imposed by court decision No. 226/Pdt.G/2022/PN Skt. This study utilizes secondary data, consisting of primary and secondary legal materials, and adopts a normative juridical approach to take a descriptive perspective in its research. The research is conducted through library studies, and the data is analyzed qualitatively, with conclusions drawn deductively. According to the research findings, several parties are affected by the legal consequences of the cancellation of mortgage rights imposed by the court decision, such as creditors losing their position as preferential creditors.
PENERAPAN PRINSIP ANALISA 5C DALAM PERJANJIAN KREDIT (PUTUSAN NOMOR 90/PDT.G/2021/PN PLG): Application Of 5c Analysis Principles In Credit Agreement (Decision Number 90/Pdt.G/2021/Pn Palembang) Edgar Joseph; Dinda Keumala
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23146

Abstract

PT. Bank Perkreditan Rakyat Puskopat Palembang entered into a credit agreement with a debtor without optimally applying the 5C analysis principle as mandated by banking regulations. This gives rise to legal issues, particularly regarding negligence in collateral procedures and violations of regulations on the registration of security rights. The issues examined in this study are: how is the application of the 5C analysis principle in the credit agreement between PT. BPR Puskopat Palembang and the debtor based on Decision Number 90/Pdt.G/2021/PN Plg? and what are the legal consequences of failing to apply the 5C analysis principle in the said credit agreement? The legal research method employed is normative juridical research with a descriptive approach. It is concluded that there is no implementation of the 5C analysis principle in accordance with banking regulations, particularly in the matter of collateral, due to the absence of an adequate standard operating procedure for credit agreements. Furthermore, the registration of security rights by the PPAT was carried out in violation of prevailing regulations, resulting in substantial material losses for the bank.
- Pelaksanaan Prinsip Kehati-hatian Bank Permata Dalam Pemberian Kredit Abdill Hannandi; Keumala, Dinda
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16271

Abstract

As in the case of the judgement no. 435.Pid.Sus/2020/PT. DKI between Bank Permata and the company's debtor and the debtor's negligence in meeting his payment obligations, banks are required to apply the precautionary principle when conducting credit activities. The issue is whether Bank Permata adhered to the precautionary principle when providing credit to businesses that were debtors in the case of decision no. 435/Pid.Sus/2020/PT.DKI and whether the judge's considerations were compliant with banking law laws. The research is normative juridical in nature, descriptive, and involves data through literature review, qualitative analysis, and deductive conclusion. Research findings, and discussion; Bank Permata in providing credit approval to debtors does not fully use the precautionary principle such as inaccuracies in 5C analysis, does not verify documents and field checks. In the decision at the appeal level, banking regulations such as Bank Indonesia Regulation number 14/27/PBI/2012 concerning the Application of Anti-Money Laundering and Prevention of Terrorism Funding Programs for Commercial Banks are not considered by the judge at the High Court. The conclusion is that Bank Permata did not carry out a thorough 5C analysis and also did not verify documents, physical checks at the debtor's business location, and trade checking procedures for PT. MJPL.
Problematika Sertipikat Hak Atas Tanah Yang Hilang Dalam Proses Jual Beli Tanah Namira Muna Salsabila; Dinda Keumala
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17045

Abstract

The sale and purchase of land transaction can only be registered if made in front of a PPAT because the essential registration is based on the AJB made by the PPAT. The problem formulation focuses on the lost process of buying and selling land, which relies on the certification of land rights owned by the seller and how PPAT solving the obstacles and solutions. The research method is descriptive normative with secondary data and primary data in the form of interviews. The data was analyzed in a qualitative way and with deductive conclusions. The results show that the PPAT processes the production or issuance of a replacement certificate and transfers the name of the replacement certificate or registration of rights due to sale and purchase at the Land Office. However, obstacles encountered include the buyer's inability to produce the lost land certificate, the seller's whereabouts needing to be discovered, not knowing the certificate number, and the lengthy process of issuing a replacement certificate. The solution involves the PPAT requesting the Land Office to re-measure the land parcel, advising the buyer to file a lawsuit with the District Court, and directing the buyer to transfer the certificate's name immediately
- TINJAUAN PERJANJIAN KREDIT BNI FLEKSI TANPA AGUNAN (ANALISIS KASUS PUTUSAN NOMOR 29/PDT.G.S/2020/PN BGL) : - Kalisha Athallah Dyaniputri; Dinda Keumala
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18420

Abstract

Banks in providing credit do not always run smoothly, and defaults often occur, such as Decision Number 29/Pdt.G.S/2020/PN Bgl, debtors do not carry out their achievements in accordance with Credit Agreement Number: 2018/FLEKSI/096. In this research, the issues raised regarding the procedures for granting BNI Fleksi credit based on the Banking Law and the actions taken by BNI Bank if the debtor defaults are related to Decision Number 29/Pdt.G.S/2020/PN Bgl. This research uses a normative research method based on secondary data supported by interviews, data collected through literature study and interviews, as well as analyzed qualitatively and conclusions drawn using a deductive method. The results of this research are the procedures for granting BNI Fleksi credit, namely submitting a credit application, credit analysis, carrying out credit approval, and transferring accounts by bringing documents for disbursement. The efforts made by BNI Bank if the debtor is in arrears in payment are to remind them via SMS and telephone. If it is still not paid, BNI Bank will ask the customer's salary from the company where he works. In this decision, Bank BNI has given a summons 3 (three) times to the debtor, so that Bank BNI took the litigation route by filing a civil lawsuit with case number 29/Pdt.G.S/2020/PN.Bgl.
Has Indonesia Safeguarded Traditional Cultural Expressions? Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24106

Abstract

The Government of the Republic of Indonesia recognized the importance of intellectual property in folklore since the 1982 Copyright Law was enacted (Article 10 of Law No. 6/1982). The study seeks to understand what obstacles Indonesia faces in protecting tribal peoples' communal rights over traditional cultural expressions, also called expressions of folklore in the digital age, and how other nations are resolving them. What is Indonesia's plan for developing and safeguarding traditional cultural manifestations in the digital age, as seen from other nations? The study employs a case-based, normative legal research methodology. The findings, an urgent need for specific institutions that control access benefit sharing from usage by foreign parties, as well as a special anti-theft task force for communal intellectual property rights in the digital era that takes the form of a support organization for tribal peoples. To increase cooperation in the inventorying and documentation of Tribal peoples who own collective intellectual property, optimization also calls for coordination of involvement between the federal government, local governments, and autonomous bodies operating under them, such as the Ministry of Tourism, the Creative Economy Agency, and Tribal peoples' organizations.
The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Abstract

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article
Pendaftaran Tanah Untuk Keamanan Kepemilikan Hak Atas Tanah: Tinjauan Studi Literatur Keumala, Dinda
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.769

Abstract

Land registration is an activity carried out to obtain legal certainty and provide security of ownership of land rights. The problem in this research is what is the purpose of land registration, what is the cause of illegal occupation and control of land rights / land disputes and which countries are used as objects of research on land registration related to the security of ownership of land rights that have been carried out. This research uses a literature review. The results found that there is a close relationship between the objectives of land registration activities carried out can provide security of ownership of land rights and reduce the occurrence of land disputes, and the countries used as objects of research are mostly countries prone to land conflicts.