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All Journal Unes Law Review Ranah Research : Journal of Multidisciplinary Research and Development Greenation International Journal of Law and Social Sciences
Amad Sudiro
Universitas Tarumanagara, Jakarta, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Transportation Other

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Penerapan Prinsip Good Faith Dalam Perjanjian Pendahuluan Pada Perjanjian Pengikatan Jual Beli Tanah Dan Bangunan Gregorius Febrian Wijaya; Amad Sudiro
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.v6i2.1413

Abstract

An agreement is a written or oral agreement made by two or more parties, each of whom agrees to obey what is contained in the agreement. This research uses a normative juridical approach and analysis. The research findings and discussion involve aspects such as the protection of good faith parties, the principle of good faith in the execution of agreements, and the legal implications of PPJB. The research conclusion emphasizes the importance of good faith in sale and purchase transactions, the need for legal protection for good faith parties, and the significant role of PPJB as a binding legal instrument. In the context of property sale and purchase, PPJB is perceived as an important means to protect the interests of the parties involved.
Implikasi Hukum Perjanjian Nominee Antara Warga Negara Asing dan Warga Negara Indonesia dalam Kepemilikan Tanah Andi Saputra; Amad Sudiro
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.v6i2.1454

Abstract

This research discusses the nominee agreement in the context of land ownership by foreign nationals in Indonesia. Despite the Agrarian Basic Law explicitly prohibiting foreigners from owning land, the practice of nominee agreements or lending names is still prevalent. The study compares the validity of nominee agreements in Indonesia with other Asian countries such as Thailand, the Philippines, Malaysia, and Singapore. The research findings indicate that Indonesia lacks specific regulations regarding nominee agreements, while other countries have established clear guidelines. Specific legal cases are also examined, including the legal implications for notaries involved in drafting nominee agreements. The study recommends that the Indonesian government enact stricter regulations concerning nominee agreements to prevent illicit legal practices. It is hoped that more stringent sanctions will be imposed on notaries engaged in nominee agreements. Keywords: nominee agreement, land ownership, foreign nationals, Agrarian Basic Law, illicit legal practices.
Auction of Banking Credit Guarantees for Debtors Who Default on Credit Agreements Magdalena Ermiyanti Sinaga; Amad Sudiro
Greenation International Journal of Law and Social Sciences Vol. 2 No. 4 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i4.292

Abstract

This research discusses the problem of debtor default on credit agreements which results in an auction process for debtor credit guarantees by the bank to pay off (return) the money loan along with fines and other costs which should be the debtor's obligations based on the credit agreement. In this research, the object of research is the DKI Jakarta High Court Decision Number 454/PDT//2018/PT.DKI. In this decision, the debtor who entered into a credit agreement with the bank and based on the descriptions as outlined in the lawsuit letter has fulfilled the elements of default. The element of default that has been fulfilled is the debtor's inability to make credit payments to the bank as agreed in the credit agreement. In connection with this default, the bank has issued a summons (reprimand) 3 (three) times in a row. Because the debtor did not heed the summons (warning) letter, the bank finally took the initiative to hold an auction for part of the credit guarantee from the debtor. However, because the debtor felt injustice regarding the credit guarantee auction, the debtor filed a lawsuit against the law against the bank through the Central Jakarta District Court. This research aims to examine defaults made by debtors in credit agreements which result in banks auctioning debtor collateral. It is hoped that the results of this research will be useful for stakeholders in credit agreements to provide an overview of the legal consequences of credit guarantees if a default occurs.
Analisis Akibat Hukum Terhadap Kelalaian Pilot Dalam Menjaga Keselamatan Penerbangan (Kasus Pesawat Batik Air Tahun 2024) Reinard Christian Yohanes; Amad Sudiro
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 2 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i2.1364

Abstract

Flight safety is a cornerstone of the aviation industry, heavily reliant on the professionalism and vigilance of pilots. This study examines the legal consequences of pilot negligence in maintaining flight safety, focusing on a case involving a fatigued Batik Air pilot. Employing a normative juridical approach, this research analyzes relevant legal frameworks, including Indonesia’s Law No. 1 of 2009 on Aviation, Civil Aviation Safety Regulations (CASR), International Civil Aviation Organization (ICAO) Annex 13, and related legal instruments. The findings reveal that negligence resulting from fatigue constitutes a severe violation of safety standards, breaching the duty of care expected in aviation operations. Such negligence may attract various legal repercussions, ranging from administrative sanctions, such as license revocation, to criminal charges as stipulated under Artt. 411 and 412 of Law No. 1 of 2009. Additionally, airlines may face civil liabilities for compensating passengers for damages incurred. The study also highlights the legal obligation of airlines to ensure the physical and mental fitness of pilots through stringent monitoring of work schedules and regular health evaluations. This paper concludes that strict law enforcement and the establishment of a robust safety culture within the aviation industry are essential to mitigating risks associated with human factors, particularly pilot negligence.
Co-Authors Andi Saputra Gregorius Febrian Wijaya Magdalena Ermiyanti Sinaga Reinard Christian Yohanes