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This Author published in this journals
All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Yopa Emalia Fajarini
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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LEGAL PROTECTION FOR DEBTORS IN SHARIA ECONOMIC CASES SKMHT DECISION NUMBER 723/PDT.G/PA Gtlo Yopa Emalia Fajarini; Henry Aspan; Dahlan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3395

Abstract

This journal discusses the legal issues related to the disbursement of financing facilities amounting to Rp. 80,000,000,- by DEFENDANT I without any valid Mortgage Rights binding on SHM No. 34/Buladu, which resulted in the disbursement being considered invalid. Decision Number 723/PDT.G/2021/PA.Gtlo confirms that the deeds made do not meet the formal requirements and must be declared null and void by law. This study also highlights legal protection for debtors in the context of sharia economics, with a focus on fiduciary guarantees regulated in Law No. 42 of 1999. The case discussed involves the confiscation of fiduciary guarantee objects due to the debtor's default, as well as the importance of SKMHT (Power of Attorney to Charge Mortgage Rights) as a legal instrument to secure the creditor's position. This study uses normative legal methods and identifies the factors causing the debtor's default, as well as the correct procedures in issuing APHT (Deed of Granting Mortgage Rights). The results of the study indicate that there is abuse of conditions in the agreement and breach of promise by the debtor, and emphasize the importance of understanding the rights and obligations of debtors and creditors in debt agreements.
Kontrak Kerja: Analisis Hukum dan Implementasi Muhammad Iqbal Rifai; Yopa Emalia Fajarini; Reinhard Silaen; Bambang Fitrianto
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 3 (2025): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i3.6052

Abstract

This study examines the legal aspects and implementation of employment contracts in Indonesia in the context of changes in labor regulations. The study analyzes the legal framework underlying employment contracts, worker rights protection, employer obligations, and implementation challenges in the field. Using a qualitative approach and legal document analysis, this study identifies several key issues related to employment contracts, including imbalance in bargaining power, unclear clauses, and compliance with the latest regulations. The results of the study show that although there has been progress in legal protection through labor laws, implementation in the field still faces various challenges. This study provides recommendations for improving policies and practices related to employment contracts that are more balanced, transparent, and in line with the principle of fairness for all parties.
Co-Authors Bambang Fitrianto Dahlan Henry Aspan Muhammad Iqbal Rifai Reinhard Silaen