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Perlindungan Hukum Penerima Jaminan Fidusia Atas Barang Persediaan Dengan Surat Perintah Penyerahan (Delivery Order) Sebagai Bukti Kepemilikan Barang Jaminan Sadewa, Rawikara Dhita; Daim, Nuryanto Ahmad; Ismono, Joko
Law and Humanity Vol 1 No 2 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i2.552

Abstract

When it comes to trading at the highest level, it cannot be separated from other industries, namely the financing industry, both by bank financial institutions and non-bank financing institutions. At the highest level traders who directly buy and sell with producers in need of substantial funds to make purchases even though their existence makes the purchase price that will be obtained of course be at the lowest level with the number of purchases at the highest level as well, so this is where the role of the financing industry, where financial institutions will support traders by providing loans or credit, of course, with a guarantee of certain repayment. This research uses normative juridical research so that it is expected that from this research the truth can be obtained based on the scientific logic of law from a normative side, especially with the considerations of the panel of judges in deciding case Number 781/Pdt.G.2015/PN.JKT.Sel. The research approach that will be used is the statutory approach (statute approach), concept approach and case approach. The results of this study found that in the Fiduciary UUJF the authors argue that there is no provision related to the guarantee of legal protection for special fiduciary recipients such as recipients of fiduciary guarantees whose fiduciary guarantee objects are not under the control of the owner or fiduciary giver because of the characteristics of a Delivery Order. Order) does not conflict with the provisions of article 1 UUJF.
Dinamika Penolakan Penjabat Kepala Daerah Dari Pusat di Kalimantan Tengah Dalam Perspektif Politik Hukum Dewi, Vina Fajar; Daim, Nuryanto Ahmad
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.580

Abstract

The dynamics of rejection of the Acting Regional Head in Central Kalimantan, namely Acting. South Barito Regent and Acting. West Kotawaringin had caught the attention of the public in Central Kalimantan. This is none other than because the Governor, based on suggestions from the public, has submitted several suggestions for names of local sons who will occupy these positions. However, as a result, the Central Government decided to drop the name as Acting. South Barito Regent and Acting. Regent of West Kotawaringin. This event is interesting to study in the perspective of legal politics. This study was conducted using a normative legal approach that uses data sources from positive law supported by several references in print and online media. The results of the study show that the dynamics of resistance that occurred at that time lasted very briefly and the central government showed dominance in the appointment and appointment of acting regents. This will certainly be a record for the local people of Central Kalimantan that the spirit of democracy has been harmed by the Central Government. Community participation and proposals only apply as accessories in the current government's legal politics.
Urgensi Penetapan Hakim Atas Permohonan Itsbat Nikah Sebagai Solusi Memperoleh Hak Identitas Hukum Bachtiar, Moch. Yusuf; Daim, Nuryanto Ahmad
Law and Humanity Vol 1 No 3 (2023): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v1i3.582

Abstract

Marriage without a marriage certificate will have many consequences related to the various rights of the wife and the right to provide for the children born from her mother's womb, both material and immaterial that must be received in marriage, as well as rights to property owned while in the marriage. Marital life itself, as well as matters relating to rights relating to third parties. Such a marriage situation will experience problems when dealing with marriage documents as authentic proof of marriage. In this context the breakthrough of itsbat marriage law which was never found in Law Number 1 of 1974 was appreciated by the Compilation of Islamic Law / KHI precisely in the provisions of article 7 paragraphs (1), (2), (3) and technically formulated by the procedural guidelines chapter in PA/Society, that the rules for legalizing marriage/itsbat marriage, are made based on marriages held based on religion or not being recorded by the authorized VAT. Responding to the legal needs of Muslims regarding ownership of a marriage book, namely for married couples who are married religiously but whose legal certainty is doubtful in the eyes of the law. The itsbat marriage referred to in this study is the legalization of marriages by the Religious Courts according to their respective jurisdictions. The determination of itsbat of marriage by the Surabaya religious court is very urgent for legal certainty of husband and wife marriages that have not been registered at the Office of Religious Affairs (KUA).
Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency Daim, Nuryanto Ahmad; Bayuaji, Rihantoro; Abadi, Suwarno
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.337-364

Abstract

People seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP).