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All Journal Unes Law Review Journal of the Community Development in Asia
Momuat, Yulia Vera
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Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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The Principle of Justice and Its Relevance to The Position of The Debtor in The Execution of Fiduciary Guarantees Momuat, Yulia Vera; Maramis, Ronny A.; Frederik, Wulanmas A. P. G.; Kalalo, Merry E.
Journal of The Community Development in Asia Vol 6, No 3 (2023): Journal of The Community Development in Asia (JCDA)
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i3.2503

Abstract

In a contractual relationship, justice means assuring equality in the rights and obligations of parties in an agreement. This study analyzes the nature of justice regarding the position of debtors and creditors in a fiduciary guarantee agreement. The research method used for this study is the normative legal research method. The results of the study show that the nature of justice is important in a fiduciary guarantee agreement, particularly for the fair treatment of debtors and creditors. Justice must be appropriately applied to not harm the debtor and violate their rights. However, creditors also have a right to security over the credit provided; therefore, justice must be applied proportionally and transparently during each stage of the execution of fiduciary security. Due to this, it is important to determine the requirements and consequences of a breach of the debtor's obligations. Additionally, the principle of justice is also related to recognizing the debtor's rights to defend their interests and maintaining a balance between the rights of the debtor and the creditor. In conclusion, justice is an important principle in ensuring the execution of fiduciary guarantee agreements fairly and avoiding abuse or injustice in the process
The Principle of Justice and Its Relevance to The Position of The Debtor in The Execution of Fiduciary Guarantees Momuat, Yulia Vera; Maramis, Ronny A.; Frederik, Wulanmas A. P. G.; Kalalo, Merry E.
Journal of The Community Development in Asia Vol 6, No 3 (2023): September 2023
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v6i3.2503

Abstract

In a contractual relationship, justice means assuring equality in the rights and obligations of parties in an agreement. This study analyzes the nature of justice regarding the position of debtors and creditors in a fiduciary guarantee agreement. The research method used for this study is the normative legal research method. The results of the study show that the nature of justice is important in a fiduciary guarantee agreement, particularly for the fair treatment of debtors and creditors. Justice must be appropriately applied to not harm the debtor and violate their rights. However, creditors also have a right to security over the credit provided; therefore, justice must be applied proportionally and transparently during each stage of the execution of fiduciary security. Due to this, it is important to determine the requirements and consequences of a breach of the debtor's obligations. Additionally, the principle of justice is also related to recognizing the debtor's rights to defend their interests and maintaining a balance between the rights of the debtor and the creditor. In conclusion, justice is an important principle in ensuring the execution of fiduciary guarantee agreements fairly and avoiding abuse or injustice in the process
Eksistensi Justice Collaborator dalam Tindak Pidana Pembunuhan Berencana Berdasarkan Hukum Pidana di Indonesia Pontoh, James V. L.; Momuat, Yulia Vera; Worang, Geraldy J. G.
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1612

Abstract

Justice collaborators are seen as having a strategic role in bringing to light criminal incidents, but in their development justice collaborators still bring controversy. Justice collaborators themselves can be understood as perpetrator witnesses who work together to reveal the true facts in certain criminal acts. The aim of this research was to analyze the existence of justice collaborators in the Indonesian judiciary and to determine the form of legal certainty for justice collaborators in the crime of malice aforethought. This research was conducted using the normative juridical methodology, where the author used sources in the form of the 1945 Constitution of the Republic of Indonesia, laws, scientific journals, books, the Big Indonesian Dictionary, and other research results. The results of the research showed that the existence of justice collaborators in Indonesia must be proven judicially, and it is necessary to realize that the role of justice collaborators in a particular criminal case is very strategic, so that legal certainty for justice collaborators must be guaranteed by the state, considering their strategic role. so that the safety of the justice collaborator after testifying in court becomes vulnerable to terror from parties who are not in line with their role. Suggestions for the development of justice collaborators in Indonesia are that a view should be developed that the role of justice collaborators is very strategic in uncovering a criminal case and the regulation of justice collaborators should be included in a law that specifically regulates justice collaborators.
Co-Authors Frederik, Wulanmas A. P. G. Pontoh, James V. L. Ronny A. Maramis Worang, Geraldy J. G.