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Creditor's Legal Protection Related to Debtor's Default in A Joint Venture Partnership Ratna Damayanti; Maman Sudirman
Asian Journal of Social and Humanities Vol. 2 No. 11 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i11.361

Abstract

In order to increase national development with an emphasis on the economic and business sectors, considerable capital support is required. The capital can be obtained from various sources, one of which comes from loan or credit facilities provided by banks. Money lending activities or better known as credit in daily life practice are not something strange anymore, in fact, this credit term is not only known by urban people, but also to people in rural areas. Credit generally functions to facilitate a business activity, and especially for economic activities in Indonesia plays a very important role in its position, both for production businesses and private businesses that are developed independently because they aim to improve the standard of living of the community. Default can occur both due to intentional factors and factors beyond human ability. This research method uses a normative juridical research method with a legislative and conceptual approach. The data sources of this research are primary, secondary and tertiary data sources. The technique of collecting legal materials is used through literature study. And the analysis of legal materials is carried out by interpreting the law and the method of legal construction. The legal interpretation and construction techniques used are grammatical interpretation and analogous construction which is carried out to fully describe the Legal Protection of Creditors Related to Debtor Default in the Covenant Agreement.
Creditor's Legal Protection Related to Debtor's Default in A Joint Venture Partnership Ratna Damayanti; Maman Sudirman
Asian Journal of Social and Humanities Vol. 2 No. 11 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i11.361

Abstract

In order to increase national development with an emphasis on the economic and business sectors, considerable capital support is required. The capital can be obtained from various sources, one of which comes from loan or credit facilities provided by banks. Money lending activities or better known as credit in daily life practice are not something strange anymore, in fact, this credit term is not only known by urban people, but also to people in rural areas. Credit generally functions to facilitate a business activity, and especially for economic activities in Indonesia plays a very important role in its position, both for production businesses and private businesses that are developed independently because they aim to improve the standard of living of the community. Default can occur both due to intentional factors and factors beyond human ability. This research method uses a normative juridical research method with a legislative and conceptual approach. The data sources of this research are primary, secondary and tertiary data sources. The technique of collecting legal materials is used through literature study. And the analysis of legal materials is carried out by interpreting the law and the method of legal construction. The legal interpretation and construction techniques used are grammatical interpretation and analogous construction which is carried out to fully describe the Legal Protection of Creditors Related to Debtor Default in the Covenant Agreement.
Legal Framework and Innovation of Sharia Deed-Making Techniques in the Digitalization of Notary Services in Indonesia Maman Sudirman
JURNAL AKTA Vol 12, No 4 (2025): December 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i4.47345

Abstract

This study examines the urgency, challenges, and innovation models for digital-based sharia deed creation in Indonesia by examining its relationship with the Quran, Sunnah, fatwas of the National Ulema Council (DSN-MUI), the Notary Law (UUJN), and the Information and Electronic Transactions Law (UU ITE). The research method used is normative legal research with a legislative approach, which reviews relevant laws and regulations, such as the Criminal Code, the Law on the Status of Notaries (Law Number 2 of 2014), Law NumberĀ  1 of 2024 as the Second Amendment to Law No. 11 of 2008 concerning Information and Electronic Transactions, Government Regulation NumberĀ  71 of 2019, and the DSN-MUI fatwa on muamalah contracts, conceptual approaches, and literature. The results of the study indicate that the application of digital technology in the creation of sharia deeds requires regulatory adjustments to align with the provisions of the UUJN and utilize the legitimacy of documents and electronic signatures as regulated in the ITE Law. Regulatory integration, increased digital literacy, and strengthened technological infrastructure are necessary to ensure that digital Sharia deeds have the same legal force as conventional deeds and comply with Sharia principles.