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All Journal MIZAN, Jurnal Ilmu Hukum Journal De Facto INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) UNISKA LAW REVIEW Jurnal Fundamental Justice Journal of Law, Poliitic and Humanities
Manfaluthi, Agus
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Religion Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : UNISKA LAW REVIEW

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Credit Agreement with Guaranteed Certificate of Ownership of Land Made with A Fake Sale and Purchase Deed Zein, D’ Adellia Dinnary; Manfaluthi, Agus; Hariyana, Trinas Dewi
UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i2.4902

Abstract

Banks always use a certificate of ownership as collateral that accompanies the credit agreement, especially for mortgage credit agreements. Certificates of ownership that are obtained from the selling and buying process need sale and purchase deeds to make the certificates of ownership. The problem is when a fake sale and purchase deed is used to create a certificate of ownership and the certificate is used as collateral in a credit agreement. So the question is the legal status and implications of credit agreements that use title certificates made with fake sale and purchase deeds. To answer this question, this study uses normative research methods with a legal approach and a case approach. The result of his research is that in making a credit agreement, banks have their own rules and principles that must be followed before agreeing to the credit agreement included in the assessment of collateral. Based on the case related to this matter contained in decision number 65/Pdt. G/2018/PN.Gpr., the panel of judges of the Kediri Regency District Court ruled that credit agreements using title certificates made using fake sale and purchase deeds were valid. The ratio decidendi of the judges is because the bank has carried out procedures according to the law when making credit agreements. and the transfer of title certificates is considered non-existent because there is a legal defect in the transition process, namely by the existence of a fake sale and purchase agreement Deed.
Law Enforcement of Cracking Criminal Actions from The Perspective of Special Criminal Law in Indonesia Salsabilla, Anggi Afrita; Hariyana, Trinas Dewi; Manfaluthi, Agus
UNISKA LAW REVIEW Vol 5 No 2 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i2.7047

Abstract

The development of information technology has not only positive but also negative impacts in the form of the emergence of cracking crimes. Although in Indonesia there are provisions that accommodate cracking, there are still obstacles in enforcing the law. This study aims to analyze the legal regulations for cracking crimes and the effectiveness of legal protection regulations for victims of cracking crimes from the perspective of special criminal law in Indonesia. The type of research used is normative legal research. The results of this study indicate that first, related to cracking crimes in Indonesia, it has been accommodated through Article 30 paragraph (3) and Article 46 paragraph (3) of the ITE Law 19/2016. Meanwhile, the PDP Law does not explicitly accommodate cracking crimes. However, Article 65 paragraph (1) and Article 67 paragraph (1) of the PDP Law imply elements of cracking acts in the form of illegal access to personal data. The effectiveness of the ITE Law 19/2016 and the PDP Law is still not sufficient in combating cracking crimes and providing legal protection for victims. This is a challenge for the police. The challenges are classified into four aspects of obstacles, namely: the investigation aspect, the evidence aspect, the facilities aspect, and the jurisdiction aspect. Efforts to overcome these obstacles are: (1) Special training is needed to provide investigators with an understanding of the cyber world; (2) Expert skills are needed with the help of the latest technology to analyze evidence that is at risk of being easily modified, deleted, or hidden by the perpetrator; (3) Facilities are needed that can support police performance through optimizing digital forensic skills; and (4) More attention is needed to mapping places/physical areas related to the occurrence of cybercrime.
Co-Authors Al-Anshori, Huzaimah Bayhaqi, Naufal Ghani David Novan Setyawan, David Novan Dewi H, Trinas Emi Puasa Handayani Ghiffania, Giza Fatimatus Lubis, Moh. Choirul Hanafi Nabila, Nurul Nur Chasanah Ramadhita Ramadhita, Ramadhita Salsabilla, Anggi Afrita SUHARTO Trinas Dewi Hariyana Yusuf, Muchammad Zein, D’ Adellia Dinnary