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All Journal Journal of Law, Society, and Islamic Civilization Jurnal Konstitusi
Salvia, Merva Putri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Application of Constitutional Court Decision No.18/PUU-XVII/2019 concerning Fiduciary to the protection of Consumer Rights: Konstitusionalitas Eksekusi Jaminan Fidusia dalam Kerangka Perlindungan Hak Konsumen Salvia, Merva Putri; Putri, Luh Putu Yeyen Karista
Jurnal Konstitusi Vol. 21 No. 2 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2127

Abstract

The arbitrariness of creditors in carrying out parate executions is very disturbing and causes material and immaterial losses for debtors, this is because there are inappropriate norms in a quo article in the form of the phrase that the strength of a fiduciary guarantee certificate is equal with a valid court decision. fixed law and the phrase breach of contract. This research aims to describe changes in the implementation of parate execution as regulated in Article 15 paragraph 2 and paragraph 3 of Law 42/1999 before and after the Constitutional Court Decision and the implications of the Constitutional Court decision for the current fiduciary concept. This research uses a type of normative juridical research. The research results show that Article 15 paragraphs 2 and 3 conflict with the 1945 Constitution, this is because the basic norms contained in this Article do not have a single interpretation so they can be misused by creditors against debtors. With the Constitutional Court’s decision regarding the material review of the a quo article, it provides a clear picture of the current fiduciary guarantee mechanism. In order to follow up on justice and equality between debtors and creditors, it is necessary for the government to play a role in regulating it more efficiently.
Mekanisme Penyelesaian Sengketa Sertifikat Hak Atas Tanah Ganda Oleh Kantor ATR/BPN Kabupaten Manggarai Barat Antari, Putu Eva Ditayani; Yudha Negara, I Putu Wahyu; Putri Suteja, Ida Ayu Devina Aishwarya; Salvia, Merva Putri
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.66947

Abstract

Land is one of the organizers of life for human, and its value is increasing with the passage of the time. Land use value increases have both positive and negative consequences. The emergence of land conflicts is one of the negative consequences. Disputes over dual land rights certificates, or disputes over two (2) or more certificates that specify the same parcel of land, either totally or partially overlapping, are common in West Manggarai Regency. The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) has the authority to resolve defense disputes in Indonesia through non-litigation channels. Therefore, the problems examined in this study are what are the factors that cause disputes in the land sector and how is the mechanism for resolving disputes over dual land rights certificates in West Manggarai by ATR/BPN West Manggarai Regency. This research uses empirical legal research methods, types of primary legal materials and secondary legal materials with qualitative descriptive data analysis techniques. Based on PERMEN Agaria Number 21 of 2020 concerning the handling and settlement of land cases, the resolution of disputes over dual land rights certificates that can be carried out by the ATR/BPN of West Manggarai Regency is to seek the resolution of dual certificate disputes through non-litigation channels with mediation between the disputing parties. The mediation carried out by ATR/BPN West Manggarai is expected to be able to effectively assist the people of West Manggarai in resolving disputes over dual land rights certificates.
Co-Authors Antari, Putu Eva Ditayani Putri Suteja, Ida Ayu Devina Aishwarya Putri, Luh Putu Yeyen Karista Yudha Negara, I Putu Wahyu