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All Journal Damhil Law Journal
Al Ismariy, Muhammad Nur Karim
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Application of the Justice Principle for Debtors in Mortgage Rights Auctions and Releases Yahya, Septian Risaldi; Al Ismariy, Muhammad Nur Karim; Ahmad, Ridho Sa'dillah; Wijayanti, Siti Nur; Sufa, Shaine Veila
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2567

Abstract

Banks, as essential financial institutions, play a critical role in facilitating businesses by providing loans secured with collateral, such as mortgage rights or land certificates. Auctions of collateral encumbered with mortgage rights often face challenges stemming from injustices perpetrated by creditors or debtors. This study aims to explore legal remedies available to debtors when the limit value is set below fair market value and to assess how the principles of justice are applied in mortgage collateral auctions. By analyzing the application of justice principles, procedural frameworks, and legal remedies, this research provides insights into improving auction processes and safeguarding debtor rights. Clear and equitable methods for setting limit values, combined with effective dispute resolution mechanisms, are essential for fostering a fairer and more transparent auction system. This research employs a normative legal methodology, utilizing primary data from webinars and seminars related to mortgage collateral auctions, particularly those organized by KPKNL, and secondary data from legal documents such as the Civil Code, Mortgage Rights Law, PMK on Auction Implementation Guidelines, and Indonesian Valuation Standards. The study underscores the critical importance of procedural justice in mortgage collateral auctions, highlighting the need for reforms in determining limit values. While existing procedures provide a legal foundation, the presence of regulatory gaps necessitates further attention to ensure auctions align with principles of justice and do not disadvantage debtors. Revising regulations and adopting improved practices will support the implementation of fairer and more efficient auctions.
Examining the Application of Dignified Justice Theory in Indonesia's Online Gambling Law Enforcement Al Ismariy, Muhammad Nur Karim; Wispriyanti, Luthfi Eka; Ahmad, Ridho Sa’dillah
Damhil Law Journal Volume 4 Issue 2 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v4i2.2649

Abstract

This study aims to analyze the application of the theory of dignified justice in the regulation and enforcement of laws against online gambling perpetrators in Indonesia. The research also examines the effectiveness of existing regulations and the challenges in their implementation. Using a normative legal approach, this study reviews the applicable legal frameworks, such as Law No. 7 of 1974 on the Regulation of Gambling and Law No. 11 of 2008 on Information and Electronic Transactions (ITE), which provide a legal basis for addressing online gambling. The findings show that although regulations are in place, their implementation is hindered by technological limitations, a lack of legal awareness, and suboptimal coordination between agencies. The application of the theory of dignified justice, which emphasizes the protection of human rights, has not been fully reflected in the legal policies toward online gambling offenders, particularly in terms of proportional justice. This study recommends improvements in regulations and law enforcement to make them more responsive, transparent, and oriented toward social justice, thereby providing better protection for the public and ensuring dignified law enforcement.