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Kekuatan Pembuktian Akta Pengakuan Utang oleh Direksi dalam Proses Penundaan Kewajiban Pembayaran Utang Larasati, Andien; Raden Besse Kartoningrat
Notaire Vol. 7 No. 2 (2024): NOTAIRE
Publisher : Fakultas Hukum Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ntr.v7i2.58324

Abstract

In this research, the author discusses the legal force of proof of a debt acknowledgement deed made by the Directors of a Limited Liability Company which violates the Articles of Association by analyzing a decision of Postponement of Debt Payment Obligations. The Directors, as a Debtors in this case, together with the notary, manipulated the debt acknowledgement deed as form a documentary evidence, the proof of which contained formal and material defects whose veracity could not be justified, so that it would be detrimental to both themselves and the opposing party. The author's aim in writing this research is so that later readers can understand the legal strength of evidence of authentic deeds manipulated in this process. The existence and urgency a debt acknowledgement deed for the Debtor as evidence in court will also be explained by the author. Based on the title of this research, the author will use the statutory regulatory approach and case approach in solving this legal problem.
DAMPAK PERMASALAHAN PINJAMAN ONLINE DAN PERLINDUNGAN BAGI KONSUMENNYA Raden Besse Kartoningrat; Andayani, Isetyowati; Krisharyanto, Edi; Santosa, Michael
PENITI BANGSA (Pemanfaatan Ilmu Pengetahuan dan Teknologi bagi Masyarakat) Vol 3 No 2 (2025): PENITI BANGSA
Publisher : Universitas Wijaya Kusuma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/PENITI-BANGSA.v3i22025.691

Abstract

Online Loans or peer to peer lending is a form of financial technology (fintech) where the existence of online loans is a form of technological progress that offers convenience and flexibility for consumers in accessing loans. However, this convenience also has a negative impact on consumers, namely the collection of payments that make them uncomfortable because extortion, intimidation and even terror often occur. The behavior of several individuals in online loan services is considered to violate the provisions of Article 29 paragraph 1 and Article 30 of Law No. 39 of 1999 concerning Human Rights. In addition, Law No. 8 of 1999 concerning consumer protection states that the public as consumers have the right to legal protection. Various regulations from the government including POJK No. 77 / POJK 01/2016 concerning peer lending and SEOJK No. 18 / SEOJK.01 / 2017 concerning management and governance of information technology risks related to information technology-based money lending services are considered to still not effectively protect consumer interests and their protection. So this problem becomes urgent to be socialized to the community in the form of legal counseling that the service team has carried out at partner locations.This legal counseling was carried out at the RT Hall. 02, RW. 05 Babatan Pilang, Kel. Babatan, Kec. Wiyung, Surabaya City which raised the theme of the Impact of Online Loan Problems and Protection for Consumers.This legal socialization aims to make the wider community understand the problems that are currently trending in society where legal socialization will provide many significant benefits as a preventive measure so that people at the counseling location understand the impact of online loans so that they can avoid these problems.The findings from the legal socialization explain that the majority of people still do not understand the impact of online loans so that with this legal socialization, there is high enthusiasm from the participants, especially when entering the question and answer session. The legal socialization carried out by the assistants increases public understanding through the delivery of material from legal socialization activities