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Legal Consequences of a Sale and Purchase Deed Declared Void Due to an Unlawful Act (Decision Study Number: 2811 K/Pdt/2019) Ruth Yiska Lumban Tobing; Hasim Purba; Mahmul Siregar
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1168

Abstract

This study examines the legal issues regarding the sale of collateral objects that are not bound by a deed of debt recognition, where in Decision No. 2811 K/Pdt/2019 there is a deed of sale and purchase issued as a guarantee of the return of rights. Through the normative legal research method, it was found that the sale of collateral objects based on a power of attorney to sell when the credit is in default is only valid if the debtor is proven to be in default and there is an agreement of the parties in accordance with Article 20 paragraphs (2) and (3) of the UUHT, while the power of attorney to sell made when the credit is binding is invalid because it is contrary to Law No. 4 of 1996 concerning Mortgage Rights and results in the cancellation of the power of attorney by law
PERTANGGUNGJAWABAN HUKUM AFFILIATOR YANG MEMPROMOSIKAN PRODUK MENYEBABKAN KERUGIAN KONSUMEN Muhammad Adli Fahmi Lubis; Sunarmi Sunarmi; Mahmul Siregar; Robert Robert
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 3 No. 4 (2024): March
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v3i4.1874

Abstract

Binomo as a trading platform has claimed many victims, this happened with the presence of affiliates who also promoted large amounts of profits obtained in a short time. Indra Kenz as an influencer and affiliate has been named a suspect. It is necessary to study the forms of misleading promotion that cause consumer losses, the mechanism for compensation for losses by affiliates to consumers and the legal responsibility of affiliates who promote products that cause consumer losses. This research is normative research using a statutory approach and a conceptual approach. Data uses secondary data sources, consisting of primary, secondary and tertiary legal materials collected using library study techniques. The data analysis used is qualitative analysis. The research found and concluded that forms of misleading promotions that cause consumer losses include misleading promotions with evidence of success and the promise of large profits promised by affiliates. The mechanism for returning losses to victims of Binary Options crimes is by filing a lawsuit for compensation, both civil and UUPK. Legal liability by affiliates who promote products that cause consumer losses can be subject to sanctions as stated in Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law and Article 1365 of the Civil Code. If referring to Article 9 paragraph (1) letter k UUPK, then affiliates can be subject to sanctions in Article 62 paragraph (1) UUPK.