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All Journal Legalitas: Jurnal Hukum Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Amanda, Gladys
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Bagi Penerima Dalam Hal Pemberi Objek Jaminan Fidusia Yang Belum Didaftarkan Tanpa Persetujuan Penerima Hariss, Abdul; Fauzia, Nur; Amanda, Gladys
Legalitas: Jurnal Hukum Vol 15, No 2 (2023): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v15i2.511

Abstract

In order to improve the economy, someone sometimes needs sufficient capital to start a business, so a credit loan is needed to be able to start it. In implementing the credit agreement, creditors often also want collateral to provide security and a sense of trust. One of the credit guarantees commonly used by the public is fiduciary guarantees. The Fiduciary Guarantee has legal procedures or procedures that must be complied with so that it has binding force and can provide legal protection for the parties. The problems in this research are 1) Legal Protection for Creditors to prevent the transfer of Fiduciary objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 2) Transfer of Fiduciary Guarantee Objects based on Law Number 42 of 1999 concerning Fiduciary Guarantees; 3) Registration of fiduciary collateral objects to avoid transfer of fiduciary collateral objects. The purpose of this research is to find out how legal protection, transfer of objects and registration of fiduciary guarantees are according to Law Number 42 of 1999 concerning Fiduciary Guarantees. This research method is normative juridical research with descriptive research characteristics, using secondary data collected through literature study. Based on the results of this research, it can be concluded that the transfer of fiduciary collateral objects that have not been registered without the creditor's consent is an action that is not justified by law (invalid). Legal protection for creditors in the event that a debtor transfers a Fiduciary Security object that has not been registered without the creditor's consent may subject the debtor to civil and criminal liability.
Pertanggungjawaban Pidana Korporasi sebagai Penyelenggara Sistem Elektronik dalam Tindak Pidana Siber di Indonesia Amanda, Gladys; Usman; Siregar, Elizabeth
Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora Vol. 12 No. 1 (2026): Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/alwatzikhoebillah.v12i1.5066

Abstract

This study examines the regulation and construction of corporate criminal liability in its capacity as an Electronic System Provider (ESP) regarding cybercrimes in Indonesia. The rapid development of information technology allows corporate platform providers to become the infrastructure for cybercrimes committed by users. The main issue lies in the legal vacuum regarding the limits of liability for corporations that are passive or engage in omission toward illegal content within the systems they manage. Using a normative legal research method, this study analyzes the synchronization between the ITE Law and the National Criminal Code (Law No. 1 of 2023). The results indicate that current regulations still emphasize active corporate actions; thus, legal reforms are needed to regulate the parameters of liability for negligence or the failure of ESPs to prevent cybercrimes to ensure legal certainty and public protection.
Co-Authors Abdul Hariss, Abdul Nur Fauzia Siregar, Elizabeth Usman