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All Journal Journal of Mathematics Instruction, Social Research and Opinion Socius: Social Sciences Research Journal
Laily Maghfiroh
Universitas Pembangunan Nasional Veteran Jakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Social Sciences

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Pelaksanaan Eksekusi Hak Tanggungan Akibat Wanprestasi Dalam Perjanjian Kredit di Bank BRI (Studi Putusan Nomor 1/Pdt.GS/2023/PN BAN) Laily Maghfiroh; Nawalia Azahra; Syifadilla Subagyo Putri; Muhammad Dewanto Adi Saputra; Muhammad Rahmadzani Hidayat; Dwi Aryanti Ramadhani
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 5 (2023): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10362467

Abstract

The aim of this research is to analyze and understand the elements of default in credit agreements at Bank BRI and the execution of mortgage rights due to default in credit agreements at Bank BRI. The research uses a normative juridical approach and a qualitative research method based on previous journals and prevailing regulations in Indonesia. Default occurred because the debtor did not pay installments on time and showed no intention to settle the debt. The execution of mortgage rights is divided into six types, including claiming, direct private sale, private auction by the creditor, auction through an auction office without court involvement, court fiat execution, and ordinary civil lawsuit through the court. Decision number 1/Pdt.GS/2023/PN Ban executed the auction through a civil lawsuit.
Valuing Environmental Damage as State Financial Loss in Corruption Cases: A Substantive Justice Analysis of The Harvey Moeis Verdicts Laily Maghfiroh; Abdul Kholiq
Journal of Mathematics Instruction, Social Research and Opinion Vol. 4 No. 4 (2025): December
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v4i4.884

Abstract

This study examines the regulatory framework for assessing environmental damage as a basis for establishing state financial losses in corruption cases and analyzes judicial reasoning in sentencing to realize substantive justice. It addresses a key gap in Indonesian legal practice: the absence of an integrated framework linking environmental damage valuation to state loss calculations, and the limited inclusion of ecological restoration costs in criminal sanctions. The research employs a normative juridical method, drawing on legislative, conceptual, case-based, and comparative approaches, supported by primary, secondary, and tertiary legal materials. Data were obtained through a literature review and limited structured interviews with environmental law experts and practitioners. Within the normative juridical framework, the interviews serve solely as supplementary secondary data to complement and confirm the normative analysis of statutory regulations, particularly to verify the adequacy and practical applicability of the legal framework governing environmental damage assessment and state financial loss calculation. Legal materials were analyzed using qualitative descriptive analysis. The findings indicate that environmental damage calculations rely on ecological components regulated under the Environmental Protection and Management Law, Ministry of Environment Regulation No. 7 of 2014, and Government Regulation No. 22 of 2021. In the sentencing of Harvey Moeis and Nur Alam, judges emphasized abuse of authority, official position, degree of culpability, and motive; however, ecological restoration costs were not systematically integrated into sentencing, thereby constraining the realization of substantive justice. This study recommends adopting a unified guideline linking environmental damage valuation to state financial losses and mandating the incorporation of environmental restoration obligations into criminal sentencing. The research is limited to two court decisions and does not include a broader empirical analysis of sentencing patterns.
Co-Authors Abdul Kholiq Muhammad Dewanto Adi Saputra Muhammad Rahmadzani Hidayat Nawalia Azahra Ramadhani, Dwi Aryanti Syifadilla Subagyo Putri