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All Journal Journal Equity of Law and Governance Jurnal Hukum Pelita
Muhamad Abas
Universitas Buana Perjuangan
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legalitas Kontrak Perjanjian Kredit Motor Tanpa Akta Otentik Notaris oleh Kreditur Di Indonesia Agung Sudjadi; Yuniar Rahmatiar; Muhamad Abas; Suyono Sanjaya
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5819

Abstract

The purpose of this study is to establish legal certainty regarding the validity of contracts and the legitimacy of execution by creditors in motor vehicle financing agreements that are not formalized through notarial deeds and court rulings, as well as to assess their impact on legal certainty and debtor protection. This research employs a normative legal method by collecting data through a literature review of legislation, court decisions, legal literature, and relevant motor vehicle financing contracts. The study finds that motor vehicle financing contracts without notarial deeds have weaknesses in evidentiary strength, creating opportunities for creditors in Indonesia to execute collateral without court authorization. However, the legality of such execution must be based on Constitutional Court Decision No. 2/PUU-XIX/2021, which states that execution may proceed without a court ruling if there is voluntary surrender and a clear basis for execution. Thus, this research provides an original contribution by thoroughly examining the legal aspects of fiduciary guarantee execution in the context of motor vehicle financing contracts, a topic that has received little attention in non-bank financing practices in Indonesia
Law Enforcement Against Hazardous Waste Pollution Links to Environmental Protection (PT. Kimu Case Study) Rismawati; Yuniar Rahmatiar; Muhamad Abas
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10729.130-139

Abstract

The purpose of this study is to determine the law enforcement against environmental pollution due to hazardous and toxic waste by PT Kimu Sukses Abadi. Regulations that regulate the problem of surrounding defilement made from industry enterprises that make hazardous and toxic mill cesspits require laws that can keep effect negative on their around neighborhood, videlicet reasonable laws. The inquiry of this learn is how to enforce criminal juristic opposed to conservationist pollution due to risk plus virulent waste and how is the element that hinders the effectiveness of Institute Numeric 32 of 2009 regarding ecological safeguard with administration. The near process utilized via the writer of researchers observational juridical, which is a study that emphasizes main statutory resources, namely interviews plus observations. The findings from this examination explain the weakness belonging to lawful Implementation inside handling alongside surrounding contamination due to hazardous and toxic materials carried out by companies due to negligence and weak supervision of law enforcement officials or related agencies that cause pollution of the surrounding environment so that river water becomes polluted and watersheds become damaged and very detrimental to the community and the Role of Local Governments in Law Enforcement Against B3 Waste Dirtiness is linked to Law Number 32 of 2009 pertains to the safeguarding and administration of environmental resources, namely 1) Supervision also Monitoring, 2) Implementation via administrative sanctions by the Regional Government, 3) The importance of coordination between the Regional Government and central agencies.
Co-Authors Agung Sudjadi Rismawati Suyono Sanjaya Yuniar Rahmatiar