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Journal : Collegium Studiosum Journal

PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA Apriyanto, Hendra
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1131

Abstract

This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.
PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA Apriyanto, Hendra
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1131

Abstract

This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.
INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Wulandari, Mona; Apriyanto, Hendra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.