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All Journal Jurnal Daulat Hukum Media Hukum Indonesia (MHI)
Dewanti, Tyur Reggina
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pelanggaran Kode Etik Advokat Terhadap Penanganan Perkara Klien Dalam Kasus Advokat Biy Palembang Dewanti, Tyur Reggina; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15637950

Abstract

Enforcement of the code of ethics in the legal profession is the main foundation for maintaining integrity and public trust in the law. This study examines the types of violations of the code of ethics committed by an advocate with the initials BIY in handling a case of resistance to execution, as well as the method of enforcing ethics by professional institutions. The analysis shows that BIY has exceeded the limits of the power granted by the client by unilaterally handing over the object of execution to a third party without the client's consent. This action is contrary to the principles of loyalty, honesty, and professionalism contained in the Indonesian Advocates Code of Ethics. The mechanism for enforcing ethics is carried out by the Regional Honorary Council (DKD) of PERADI South Sumatra through various stages, starting from complaints, examinations, to imposing sanctions in the form of temporary suspension for 12 months. This study shows how important objective and transparent internal supervision is to maintain the dignity of the legal profession, while also providing a deterrent effect and education for members of professional organizations. It is hoped that this process can strengthen a legal culture that has integrity and responsibility among advocates in Indonesia. 
Legal Status of Joint Property that Remains Subject to Security Interests After Divorce Dewanti, Tyur Reggina; Taupiqqurrahman, Taupiqqurrahman
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49036

Abstract

Marriage not only creates legal bonds between husband and wife, but also has legal consequences for property, in this case joint property. In practice, joint property is often used as collateral to obtain credit from financial institutions. When a divorce occurs while the property is still pledged to a third party, legal issues arise regarding the status of joint property and responsibility for debt repayment after divorce. This study aims to determine the legal status of joint property that is still used as collateral after divorce and the responsibility for debt repayment on the collateral. The researcher applied and utilized a normative juridical method with an approach that focused on legislation and was supported by interviews with the Junior Clerk of the East Jakarta Religious Court as supporting data in the study. The results of the study show that the legal status of joint property that is still collateralized remains as joint property after divorce, but the distribution cannot be carried out before the obligations to third parties are settled because it is still bound by collateral rights. This is because collateral has the characteristics of droit de suite and the provisions of SEMA 2018. The responsibility for paying off debts is a joint obligation of the former husband and wife. If there is a refusal or even inability to pay, the settlement is carried out through an auction by the creditor, while the remaining proceeds from the auction after the debt has been paid off become part of the joint property, which will then be distributed in accordance with applicable legal provisions.
Co-Authors Kayus Kayowuan Lewoleba Taupiqqurrahman