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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Hukum dan Pendidikan Kewarganegaraan
Gitra Permata
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tinjauan Yuridis Sita Jaminan Hak Milik Pihak Ketiga (Studi Kasus No.28/PDT/2018/PT BGL) Gitra Permata; Gustafianof, Gustafianof
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 3 (2025): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

Seizure of collateral (conservatoir beslag) aims to prevent the transfer of assets during the judicial process. Problems arise when the seized assets are claimed by a third party who is not directly involved in the dispute. This study analyzes the judge's considerations and the legal consequences of the decision of Case No. 28/PDT/2018/PT BGL on the rights of third parties. The Bengkulu High Court overturned the decision of the Bengkulu District Court and confirmed that the seizure of collateral remains valid, causing the third party (Siti Zahara) to lose her rights to the disputed land. The deed of agreement and power of attorney to sell that she owned were not recognized because they were not registered with the BPN. Other legal consequences are that the third party cannot file a re-claim (ne bis in idem), cannot change the name of the certificate, and bears the costs of the case. Legal efforts that can still be taken include a Judicial Review (PK) to the Supreme Court if there is new evidence, a PMH lawsuit, negotiation, or a complaint to the Judicial Commission and Ombudsman. In conclusion, the status of seizure of collateral is stronger than a claim of ownership based on a deed of agreement. Therefore, the third party must ensure the legality of ownership through official registration at the BPN in order to avoid legal problems.
Perlindungan Hukum Terhadap Pemegang Polis Asuransi Dalam Menyelesaikan Sengketa Klaim Asuransi Jiwa Salsabilla; Amelia Putri Permata Sari; Gitra Permata; Safanny Aprilya Putri, Helfira Citra
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 1 No. 2 (2024): Januari - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/y0gkcn50

Abstract

Legal protection for life insurance policy holders is very important because the policy holder is the only written evidence as proof that the insurance has occurred. The contents of the life insurance agreement are an indication of what is happening. The life insurance agreement is binding through an insurance agreement which is proven by the life insurance policy that there has been a transfer of risk, for example life insurance or loss insurance to the insurance company. The research used is descriptive analytical, namely describing all conditions and facts and analyzing current implementation. Related to this method is library-based research which uses library materials such as books, applicable laws and regulations, documents and other media that can be used as data material or theoretical basis for problems in research.
Co-Authors Amelia Putri Permata Sari Gustafianof, Gustafianof Safanny Aprilya Putri, Helfira Citra Salsabilla