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p-Index From 2020 - 2025
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All Journal Diponegoro Private Law Review Semarang State University Undergraduate Law and Society Review
Aisy, Azkia Rihadatul
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Law, Crime, Criminology & Criminal Justice

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The Process of Execution of Fiduciary Guarantees Seized as Evidence because the Debtor Committed a Criminal Act (Case Analysis of Decision Number 188/Pdt.Bth/2019/PN.Dpk) Fitriana, Desy Nor; Aisy, Nisrina Nadifah Nur Rohadhatul; Aisy, Azkia Rihadatul; Astuti, Windha Puji
Diponegoro Private Law Review Vol 5, No 1 (2021): DPLR
Publisher : Fakultas Hukum, Universitas Diponegoro

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Abstract

The abstract should be in one paragraph.The font is Book Antiqua, 12 pt, italic, and justify. Abstract is in 200-250 words, which is followed by 3-5 keywords. The abstract should succinctly describes your entire paper. It comprises of the purposes of the research, method, and the findings of the research. Provision of credit from banks and financial institutions will definitely be risky if the debtor defaults, to overcome this the borrower in providing credit must be accompanied by providing guarantees for the debtor. The purpose of the guarantee is to guarantee security and legal certainty for investors in granting credit. In a credit agreement, creditors often expect guarantees that provide a sense of security and trust. Even though a fiduciary guarantee has a guarantee, it is not certain that a problem will not occur. Problems with basic agreements such as credit with a fiduciary guarantee can generally arise because the fiduciary recipient or creditor only forms a credit agreement, can also occur because the party only forms a notary deed by not registering it with the office that administers the fiduciary guarantee. There are still many problems that arise as the author will analyze, namely problems with the execution of objects that are used as guarantees for fiduciary acessoir agreements, where the objects are confiscated by the state because of criminal acts committed by the fiduciary giver or debtor. In this case, through a lawsuit at the Depok District Court, the fiduciary recipient can execute objects pledged as objects of fiduciary guarantees previously in the possession of the Depok District Attorney as evidence of a crime.Keywords: Fiduciary, Collateral, Credit 
Legal Certanity Of Land Disputes: Differences In The Assessment Of Evidence Of Realease Of Rights Between The Court Of Appeal And Cassation (Study Of Decision No 292/PDT/2018/PT.DKI And Decision No 212 K/PDT/2020) Aisy, Azkia Rihadatul
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.25714

Abstract

In land practice in Indonesia, there are still many land sale and purchase transactions that are carried out without a land title certificate and are only based on a Letter of Release of Rights (SPH). As in Decision No. 595/PDT/2018/PT.DKI and Decision No. 212 K/Pdt/2020. This writing aims to analyze the differences in the assessment of evidence of the Letter of Release of Rights (SPH) by the Court of Appeal and the Supreme Court and assess its impact on the legal certainty of land ownership. This research uses a normative juridical method with the approach of legislation and decision studies. The results showed that the Court of Appeal considered that the Surat Pelepasan Hak (SPH) was not a valid proof of ownership because it did not meet the formal administrative requirements, while the Supreme Court considered the Surat Pelepasan Hak (SPH) to be legally valid because it was supported by the facts of physical possession, payment in full, and good faith.
Co-Authors Aisy, Nisrina Nadifah Nur Rohadhatul Astuti, Windha Puji Fitriana, Desy Nor