Nabila, Syadzwina Hindun
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Kekuatan Eksekutorial Sertifikat Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor: 18/PUU-XVII/2019 Dan Putusan Mahkamah Konstitusi Nomor: 2/PUU-XIX/2021 Nabila, Syadzwina Hindun
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7513

Abstract

Introduction: The Fiduciary Guarantee Certificate has the same executorial power as court decisions that have permanent legal force. Execution through a public auction of the object of Fiduciary Security without going through a court. Purposes of the Research: The Purpose Of This Study Is To Answer The Legal Review On The Executorial Power Of Fiduciary Certificates Post-Decision Of The Constitutional Court Number: 18/PUU-XVII/2019 And The Decision Of The Constitutional Court Number: 2/PUU-XIX/2021. Methods of the Research: This study uses a normative juridical method by using a statutory approach and a conceptual approach. Results Originality of the Research: The execution of fiduciary guarantees is carried out when there is an agreement regarding the breach of contract and the willingness of the debtor to surrender the object that is the object of the fiduciary. If there is no agreement regarding the breach of contract and the debtor does not submit the object of collateral voluntarily, then the execution procedure of the fiduciary guarantee is carried out the same as the execution of a court decision that has permanent legal force, namely by submitting a request for execution to the district court. In addition, breach of contract also cannot be determined unilaterally. There must be an agreement regarding the breach of contract/default determined by both parties or on the basis of legal remedies (lawsuits) stating that one of the parties has defaulted.
Solid Business Contracts: Understanding the Legal Aspects of a Deal Panjaitan, Wijaya Natalia; Nabila, Syadzwina Hindun
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2310

Abstract

Introduction: The development of an increasingly complex business world makes contracts function as the main tool to regulate the rights and obligations of the parties involved in an agreement. Therefore, understanding and skills in drafting business contracts are very important as a foundation in helping the parties bound by the contract.Purposes of The Devotion: To educate the public on the legal aspects of the agreement as a solid business contract. Method of The Devotion: The devotion method used is the method of counseling and mentoring the community of Jambi city with the Pranata Iustitia Jambi Legal Aid Institute.Results Main Findings of the Devotion: A strong contract does more than just help minimize the risk of conflict, it also ensures that the deal is legally enforceable.
Tanggung Jawab Badan Usaha Milik Negara Dalam Kegiatan Ekonomi Pada Cabang-Cabang Produksi Yang Tidak Menguasai Hajat Hidup Orang Banyak Nabila, Syadzwina Hindun
KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i1.9805

Abstract

Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.
Implementasi Roya Objek Hak Tanggungan Online Pasca Berlakunya Permen Agraria Nomor 05 Tahun 2020 Tentang Pelayanan Hak Tanggungan Terintegrasi Secara Elektronik Nabila, Syadzwina Hindun
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.13035

Abstract

Article 1 of Regulations of the Minister of Agriculture and Space Administration/Head of the National Farming Agency No. 05 of 2020 on Electronically Integrated Dependency Services provides the definition of electronic liability services, that is, the stages of the service of liability rights in a network that is organized electronically. There are considerable differences between a conventionally executed and an electronically executed right of claim. One of the differences is the removal of dependence. (roya). This study uses a method of normative juridic approach, with specifications that are analytical descriptive. The data used is secondary data obtained from a library study. The results of this study show that the application for the cancellation of roya liability conventionally should be made directly to the land office with the result of a physical record issued by the land bureau. Conventionally, the right of responsibility is no longer enforced, all of it is transferred to the HT-el system. In the electronic royalty, the party applying for the right to responsibility can apply through the system with the attachment of the specified requirements, and the result is an electronic document.
Kedudukan Sinamot Sebagai Syarat Sahnya Perkawinan Dalam Masyarakat Adat Batak Toba Menurut Perspektif Hukum Positif Panjaitan, Wijaya Natalia; Pratiwi, Dita Ayudia; Nabila, Syadzwina Hindun
BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i1.13048

Abstract

Customary law is a law that is applied and evolve in the life of the community which is constitutionally equal to the law in general. One of them is the validity of Batak toba customary law for the Batak toba indigenous people. Batak toba culture has a custom called giving Sinamot to the woman as a token when carrying out traditional marriage as a symbol of the seriousness of marriage. The sinamot requirement in traditional Batak marriage is a mandatory requirement in marrying, but oftentimes this sinamot customary event is only considered as a traditional and cultural ceremonial event that is held and not as a customary requirement as a legal provision that should be recognised as equal to positive law provisions that have legal implications. This research is to identify the position of sinamot as a condition for the validity of Batak toba traditional marriage from the perspective of positive law. The research method is normative juridical research with a literature review. Sinamot is not only a customary and cultural event requirement in the implementation of marriage but also a customary requirement that has the same value as legal provisions as one of the conditions for the validity of marriage in addition to the validity based on Marriage Law Number 1 of 1997 Juncto Law Number 16 of 2019.