Dameria, Fiorella Angella
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CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE Dameria, Fiorella Angella; Djajaputra, Gunawan
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1205

Abstract

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.
Urgensi Adanya Aturan Khusus Terkait Hukum Transportasi Online Pada PT. Gojek Dameria, Fiorella Angella; Lie, Gunardi; Syailendra, Moody R.
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1247

Abstract

Indonesia is home to 300 million people and has one of the most densely populated cities in the world. Unfortunately, Indonesia is still listed as a developing country. Responding to the absence of a quality public transport system, the private and informal sector for transportation has developed a solution. They fill the gaps in Indonesia's inadequate transportation system by providing effective means of transportation for people amidst an economic downturn. This research is normative juridical research. The purpose of this study is to find out the juridical rules governing PT. GOJEK as a legal entity and the legal urgency of online transportation for PT. GOJEK to have its own rules. The government should be able to immediately issue special rules for PT. GOJEK in the interest of the State, PT GOJEK, Drivers and Drivers.
Perlindungan Data Pribadi Mengenai Kebocoran Data Dalam Lingkup Cyber Crime Sebagai Kejahatan Transnasional Silalahi, Putri Hasian; Dameria, Fiorella Angella
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1244

Abstract

In this era of globalization, internet technology is growing rapidly from time to time. The right to privacy data is part of the privacy rights inherent in every individual. Until now the internet can be used as a new tool to commit a crime, especially cyber crime. The network is broad and can break through the barriers of national borders, enabling the occurrence of a cyber crime that can be carried out by crossing national borders or better known as transnational crime. This cyber crime can cause great losses both material and non-material. Moreover, cyber crime that is transnational in nature makes cyber crime require special treatment to handle it. Indonesia carried out two handlings both externally and internally. Externally, Indonesia and the National Police cooperate with the Australian Federal Police. Meanwhile, internally Indonesia formed institutions such as Id-SIRTII, Trust+positive, the birth of the European Union Convention On Cybercrime Bill, Cyber Defense Competition, Development of Cyber Defense. External handling is carried out by the Indonesian government to overcome Cyber crime that is across national borders.
CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE Dameria, Fiorella Angella; Djajaputra, Gunawan
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1205

Abstract

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.