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All Journal Cendekia: Jurnal Ilmu Sosial, Bahasa dan Pendidikan Yuriska : Jurnal Ilmiah Hukum
Amsari Damanik
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Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PENYELESAIAN PENGALIHAN OBJEK JAMINAN FIDUSIA KEPADA PIHAK KETIGA TANPA PERSETUJUAN PENERIMA FIDUSIA DI KOTA SAMARINDA Mauli Rianda Yusuf; M. Fauzi; Amsari Damanik
Yuriska: Jurnal Ilmiah Hukum Vol. 17 No. 1 (2025): Februari
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v17i1.3085

Abstract

Background: Fiduciary guarantees are commonly used in financing agreements to strengthen the position of financing company, serving as a guarantee that debtor will fullfill their obligations. However, in implementation of financing agreements, there are still debtors who fail to carry out the terms of agreement. One significant issue is the debtor's transfer of the financed object which is encumbered with a fiduciary guarantee to a third party during the credit period without the creditor's consent, known as a take over. Research Metodes: This study employs a socio-legal research approach which examines and analyzes how law operates within society. Findings: The findings of this research indicate that the transfer of fiduciary collateral to third parties without the consent of the creditor is a recurring problem. Debtors who transfer fiduciary guarantee to a third party without the creditor’s approval are committing a breach of contract, which can result in legal consequences, including the potential for criminal prosecution. Resolution of disputes between a creditor and a debtor regarding a fiduciary guarantee whose object has been transferred to a third party in Samarinda is done through both litigious and non-litigious. Conclusion: Out-of-court dispute resolution is employed creditors, taking into account the existence of the fiduciary collateral and the fulfillment of credit installments. However, if the fiduciary collateral is missing, and the credit installments are not paid, the creditor will file a report with the police, which may result in criminal charges under Article 36 of Law Number 42 of 1999 concerning Fiduciary Guarantee.
Efektivitas Mediasi dalam Penyelesaian Perkara Perceraian di Pengadilan Agama Sangatta Berdasarkan Perma No 1 Tahun 2016 tentang Mediasi Nabilah Khoirunnisa; Irma Suriyani; Amsari Damanik
CENDEKIA: Jurnal Ilmu Sosial, Bahasa dan Pendidikan Vol. 6 No. 3 (2026): Agustus: CENDEKIA: Jurnal Ilmu Sosial, Bahasa dan Pendidikan
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/cendekia.v6i3.9902

Abstract

This study analyzes the effectiveness of mediation in resolving divorce cases at the Sangatta Religious Court under Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Courts. It employs a socio-legal method combining the statute approach and the sociological approach. Primary data were drawn from interviews with mediating judges and the court registrar, secondary data from statutory regulations, and tertiary data from legal dictionaries. The analysis is built on Soerjono Soekanto's theory of legal effectiveness, which identifies five factors the substance of the law, law enforcers, facilities and infrastructure, society, and legal culture  as indicators of successful law enforcement. The findings show that mediation has been carried out in accordance with Perma No. 1 of 2016, yet its success rate remains low: of 2,351 divorce cases mediated between 2022 and 2024, only 212 cases (9.02%) reached a peaceful settlement. This low effectiveness is attributable to the limited number of certified mediators, the absence of non-judge mediators, a caseload disproportionate to the time allotted for mediation, and weak good faith among the parties. The study recommends strengthening mediator capacity and numbers, involving certified non-judge mediators, and providing legal education to the public as strategic steps to reduce the divorce rate in Sangatta.
Co-Authors imam maulana, imam Irma Suriyani M Fauzi M. Fauzi Mauli Rianda Yusuf Mauli Rianda Yusuf Nabilah Khoirunnisa Purwanto Purwanto Purwanto Rini Apriyani Sari, Desi Redita Siti Kotijah Wulandari, Jessi Aprilia Yolanda, Sefti