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All Journal Deposisi: Jurnal Publikasi Ilmu Hukum Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara
Fadel Afandi
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyelesaian Kredit Dengan Jaminan Fidusia Yang Objeknya Dialihkan Oleh Debitur Fadel Afandi
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2251

Abstract

This study aims to determine the position of the object of the fiduciary guarantee transferred by the debtor based on the agreement with PT. Pegadaian and to determine the efforts to settle the credit transferred by the debtor. This research was conducted at PT. Pegadaian Pasar Butung Makassar and used the Normative-Empirical research type method. The approach is carried out with literature in reality based on interviews and documentation. The results of the study indicate that to determine the legal position of the object of the fiduciary guarantee transferred by the debtor, registration is required. PT. Pegadaian does not register a fiduciary guarantee in its entirety with consideration of costs, so that the legal position of the object of the fiduciary guarantee has a legal weakness in the sense of lack of legal certainty for creditors, because the debtor has violated the provisions of Article 23 paragraph (2). In addition, to settle loans with fiduciary guarantees whose objects are transferred by the debtor, PT. Pegadaian takes a negotiation method with the debtor and the third party who receives the transfer of the object of the fiduciary guarantee, namely by replacing the object of the collateral transferred to the third party with the object belonging to the debtor whose value is equivalent to the object of the guarantee that has been transferred, because PT. Pegadaian has material rights over the object of collateral.
Proyeksitas Perlindungan Hukum Terhadap Pekerja Rumah Tangga Dalam Ketentuan Alokasi Waktu Kerja Berdasarkan Hukum Posistif Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 2 (2024): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i2.128

Abstract

This study aims to determine and analyze the protection of domestic workers related to working time and to determine what legal remedies can be done in the event that working time exceeds working time in general. Researchers use the type of normative juridical research. This writing focuses on literature research in the form of collecting legal materials with legal approaches and concepts that are analyzed in a legal perspective. The results of this study indicate that: (1) Regulation No. 2 of 2015 on the protection of domestic servants (PRT) has not been able to reach the Act No. 13 of 2003 in the employment relationship. Since domestic workers are considered not employed “employers", they do not get the protection that the law gives to other workers. (2) the Ideal worker timing Model for domestic workers in Indonesia is still unclear. Domestic workers in Indonesia are still very vulnerable to exploitation related to inhumane working hours, especially for domestic workers who live with their employers. Therefore, it is expected that the government can immediately ratify the Domestic Workers Bill into the Domestic Workers Act
Co-Authors Mohamad Rivaldy Moha Mutia Cherawaty Thalib