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Ariawan Gunadi
Tarumanagara University
Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Executing a Personal Guarantee as Security in Resolving Non-Performing Loans in Indonesia Frederick Septian Tuwan; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.209

Abstract

This study aims to analyze the effectiveness of executing personal guarantees as security in resolving non-performing loans in Indonesia. The method used is normative legal research with a statutory and case study approach. In banking practice, personal guarantees are often used as additional security for credit facilities, yet their enforcement faces various legal and administrative challenges. One major issue is the absence of preferential rights for creditors in this guarantee, requiring banks to undergo litigation to execute the guarantor's assets. Furthermore, guarantors often transfer their assets to evade liability, complicating the execution process. The execution procedure also entails lengthy legal steps, including summons, lawsuits, and court rulings before enforcement. Therefore, clearer regulations and more effective execution mechanisms are needed to enhance legal certainty for both creditors and debtors.
Legal Policy on the Use of Weapons by Law Enforcement Officers from the Perspective of Protecting the Right to Freedom of Expression Nur Sya'ban; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.224

Abstract

This study examines the issue of the use of force by law enforcement officers in managing demonstrations, particularly from the perspective of protecting the right to freedom of expression. Although demonstrations are a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and international human rights instruments, in practice, there have been various violations of human rights principles—such as the disproportionate use of force, arrests without clear justification, and limited access to legal assistance for detained protesters. Law enforcement personnel often face a dilemma between maintaining public order and the risk of being accused of human rights violations, while civilians—including those not directly involved—often suffer the consequences of anarchic demonstrations. This research highlights the urgent need for a human rights-based approach in managing public protests, through enhancing the professionalism and capacity of law enforcement, strengthening dialogue among stakeholders, and improving compensation mechanisms for affected parties. A holistic approach is essential to achieving a balance between safeguarding the right to free expression and maintaining public order in Indonesia.
Co-Authors Frederick Septian Tuwan Nur Sya'ban