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All Journal Jurnal Smart Hukum (JSH)
Diana R. W. Napitupulu
Department of Law, Faculty of Law, Universitas Kristen Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Consequences of Creditors Recipients of Fiduciaries who are not Registered Judging from Law Number 42 of 1999 concerning Fiduciary Guarantees Diana R. W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 2 No. 3 (2024): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v2i3.833

Abstract

The law of not registering fiduciary creditors has significant consequences for the enforceability and validity of fiduciary guarantees. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, creditors receiving fiduciaries must be registered as members of the Fiduciary Guarantee Council. Failure to register a fiduciary creditor can give rise to legal problems in terms of executing fiduciary guarantees, because the guarantee cannot be used as evidence or a legal resource. Therefore, efforts need to be made to prevent this from happening and ensure that creditors who receive fiduciaries meet the requirements to be registered as members of the Fiduciary Guarantee Council. This research uses a qualitative data analysis approach to conduct normative legal studies. The main legal sources in this research are primary legal sources. The conclusion of this research is that an unregistered fiduciary agreement has legal consequences, where the creditor does not have a preferred position in the event of bankruptcy and only acts as a concurrent creditor. And if the debtor defaults, the creditor does not have direct executorial rights over the fiduciary collateral, if the debtor is unable to pay off the entire debt at the agreed time.
Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia Diana R. W. Napitupulu
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.921

Abstract

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained.
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