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Implikasi Hukum Dalam Transfer Jaminan Fidusia Tanpa Persetujuan Penerima Fidusia Marsandy Calvin Budiman; Nirwan Junus; Sri Nanang Kamba
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2706

Abstract

The aim of this research is to identify and analyze the factors that drive fiduciaries to transfer fiduciary objects to third parties without the consent of the fiduciary receiver. Furthermore, this study also aims to analyze the legal protection provided to the fiduciary receiver concerning the transfer of fiduciary collateral conducted by the fiduciary without the consent of the fiduciary receiver. Lastly, this research will examine the criminal liability that arises from the transfer of fiduciary collateral without the consent of the fiduciary receiver.In conducting this research, the researcher employs a normative-empirical legal research approach, utilizing the statutory approach, comparative approach, and case approach. Criminal liability in the transfer of fiduciary collateral without the consent of the receiver may result in criminal responsibility for the fiduciary. Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral stipulates that a fiduciary who transfers the collateral object without written consent from the fiduciary receiver may be held criminally accountable..
Penyelesaian Sengketa Jual Beli Tanah Waris Miftahuljannah Sidik; Nur M. Kasim; Sri Nanang Kamba
JURNAL PENDIDIKAN DAN ILMU SOSIAL (JUPENDIS) Vol. 1 No. 3 (2023): JULI : JURNAL PENDIDIKAN DAN ILMU SOSIAL
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (677.43 KB) | DOI: 10.54066/jupendis-itb.v1i3.228

Abstract

Inherited land is very risky to be traded because the land is still in the name of the heir or a person who has died, while the heirs want the inherited land to be sold as soon as possible so that it can be divided among the heir's family. Ownership rights to the heir's inherited land completely belong to the heir who has a legal relationship with the heir. This type of research uses library research methods by studying scientific works related to the problem being studied. As well as normative legal research that studies data from legal provisions or regulations, newspapers, journals, and others. The results of this study indicate that the mediation process is very useful for resolving disputes over the sale and purchase of inherited land. In this case the mediator has an important role in resolving this problem by reconciling the parties.