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All Journal Jurnal Ilmu Hukum The Juris International Journal of Scientific Multidisciplinary Research (IJSMR) Journal of Mandalika Literature Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Aliya Sandra Dewi
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Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences

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PENERAPAN HUKUM WARIS PERDATA DI INDONESIA Aliya Sandra Dewi; Dian Fitriana; Elvira
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1242

Abstract

All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.
Application The Principle of Pacta Sunt Servanda In Consumer Protection Indonesia Aliya Sandra Dewi
Journal of Mandalika Literature Vol. 6 No. 2 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jml.v6i2.4581

Abstract

An agreement is part of a contract that has legal consequences and is binding on the parties involved and also in the implementation of the existing agreement related to the law of property that is bound by the agreement that has been agreed upon. The agreement in question has met both formal and material requirements and if it is associated with consumer protection, the agreement of pacta sunt servanda in trading goods and/or services must bind and be bound by the agreement that has been made and not violate rights either intentionally or negligently. What has been agreed upon in the agreement usually concerns the costs that must be paid, the warranty period if the goods are damaged or defective and the availability of spare parts and replacements according to the price and quality of the goods and services that have been determined. This study uses normative juridical by reviewing literature and regulations from legislation by analyzing according to the problems to be studied. The result is that the agreement that has been agreed upon by the parties gets a guarantee or legal certainty because it is binding and must not be violated.
REHABILITASI PEMULIHAN NAMA BAIK DEBITOR PAILIT DI INDONESIA Aliya Sandra Dewi
The Juris Vol. 7 No. 2 (2023): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v7i2.1039

Abstract

This research aims to find out the debtor can restore his good name in order to restore his good name so that the debtor can still apply for credit again and the process that can be done to restore the good name of a debtor declared Bankrupt by the Court will lose reputation in the eyes of the public. The research method used is normative juridical, with a statutory approach (statue approach), historical approach (historical approach), and case approach (case approach).Based on the analysis and research results that first, the existing bankruptcy regulations are considered unreliable, namely the Civil Code, and Law No.37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Because bankruptcy can end with a peace. This peace is carried out by means of an agreement between the bankrupt debtor and the creditors to pay some of their debts first. However, in reality, not all settlements are acceptable. When reconciliation is not acceptable, insolvency becomes the way to end the bankruptcy. The second way to end a bankruptcy is through rehabilitation. Rehabilitation can be accepted if the creditor has received full payment of the debt. Then bankruptcy can be ended by a judge's decision in a higher court level. The judge's decision at a higher court level can revoke the bankruptcy declaration. In addition to these things, there are also things that can make bankruptcy end, namely the revocation of bankruptcy at the suggestion of the supervisory judge. The supervisory judge can give a recommendation to revoke the bankruptcy declaration decision because he knows the financial condition or assets of the bankrupt debtor.
PENERAPAN HUKUM WARIS PERDATA DI INDONESIA Aliya Sandra Dewi; Dian Fitriana; Elvira
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1242

Abstract

All forms of inheritance, whether in the form of cash, land for rice fields owned by a person are called inheritance. Given to heirs openly or known to the wrong family, there is usually a will when receiving an inheritance with a message from the person giving the inheritance. Not all heirs have full rights to the inheritance, but there is a responsibility to maintain and develop the inheritance obtained according to the testator's wishes. Inheritance is a legacy of assets to heirs. There are three (3) types of application of inheritance law in Indonesia, namely Civil Inheritance Law, Islamic Inheritance Law, and Customary Inheritance Law. In this article the author focuses on the application of civil inheritance law in Indonesia. The method used is normative juridical research, namely a doctrinal method to study the application of rules or norms in positive law. With several approaches, the first is the Legislative Approach. Second, historical approach, third, comparative approach. The results of this discussion provide knowledge to the public that civil inheritance law recognizes 3 (three) principles, namely first, the individual principle (personal principle) where the heir is an individual, secondly the bilateral principle, namely that a person not only inherits from the father but also vice versa. mother, as well as brothers inheriting from their brothers and sisters, the third principle is the principle of degree, meaning that the heir whose rank is close to the heir covers the heir who is further away in rank, so to simplify the calculations, classifications are made heir.
The Existence of a Stay Period in Bankruptcy That Begins with Postponement of Debt Payment Obligations (PKPU) Aliya Sandra Dewi; Yuhelson; Dewi Anggraeni
International Journal of Scientific Multidisciplinary Research Vol. 2 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijsmr.v2i6.9920

Abstract

In reference to bankruptcy and PKPU, Article 290 of Law No. 37 of 2004 is in conflict with the existence of Supreme Court Circular Letter Number 5 of 2021. This study tackles the problem of putting the stay period in place for the execution of collateral in bankruptcy, which results from the refusal of peace in the form of deferring debt payments. It also looks at the stay period that surrounds collateral execution in bankruptcy and its implications for potential changes to the Bankruptcy Law in the future. The Contractarian Approach Theory serves as the Applied Theory, Bankruptcy Law Theory as the Middle Range Theory, and Legal Certainty Theory as the Grand Theory in this study. It employs a normative juridical research methodology with a statutory approach as its main focus. This method entails looking at and dissecting Law No. 37 of 2004's provisions regarding PKPU and bankruptcy. Secondary data, comprising primary, secondary, and tertiary legal materials, is the type of data utilized. Qualitative juridical analysis is used in the data analysis. According to Since there is no regulation regarding the suspension period for debtors declared bankrupt due to the Panel of Judges' rejection of a postponement of debt payment obligations, the theory of legal certainty has not been satisfied by the provisions regarding the suspension period (stay period) in Article 56, paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and PKPU
Penyelesaian Sengketa Wanprestasi Debitur Pada Perjanjian Kredit Tanpa Agunan Fitriana, Dian; Aliya Sandra Dewi
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 2 (2023): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v1i2.495

Abstract

Bank financial institutions as financial intermediaries function as financial intermediaries between parties who have excess funds and those who lack funds. After the bank has succeeded in collecting funds from the public in the form of savings (funding), it will channel these funds to the public in the form of credit or financing (lending). If credit is channeled to the public, it can be differentiated into 2 (two) types, namely collateral-free credit and collateral-seeded credit. Credit without collateral is basically quite profitable for some people who need fast funds without having to be burdened with having to guarantee their assets. It's just that this unsecured loan has drawbacks, namely high interest and a limited credit period, which is between 1 (one) to 3 (three) years. Many ordinary people do not know that when we have agreed to a credit agreement without collateral, based on Article 1131 and Article 1132 of the Civil Code, we have actually surrendered all of our assets as collateral and guarantee for our credit. So that based on articles 1131 and 1132 of the Civil Code, all of the debtor's assets will serve as collateral for the amount of debt that must be paid by the debtor. This is not generally known by the public or those who receive credit without collateral. So the purpose of this study is to provide education so that people are more careful in taking credit without collateral, and to find out how to resolve disputes by banks if there are customers who default due to loans without collateral.
Co-Authors Dian Fitriana Dian Fitriana, Dian Elvira M. Yogi Riyantama Isjoni Yuhelson Yuhelson