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HAK DAN KEWAJIBAN SUAMI ISTRI DAN HARTA BERSAMA DALAM PERKAWINAN MENURUT UU NO. 1 TAHUN 1974 Sumoked, Jeffrin Pratama
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

A marriage sometimes has several kinds of marital assets. According to Law No. 1 of 1974, namely property, assets and joint assets. The three marriages above, the inheritance of each husband / wife has the full right to carry out legal acts while the joint assets are assets obtained during the marriage of the husband or wife can act on the agreement of both parties. Furthermore, concerning joint assets, which are obtained by the wife / husband or only by the husband or wife, constitute joint income and joint responsibility

PROBLEMATIKA PENARIKAN PAKSA KENDARAAN BERMOTOR OBYEK JAMINAN FIDUSIA Paramita, Btari Prajna
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The forced withdrawal of vehicles that are the object of fiduciary collateral occurs a lot in the community. The attempts at forced withdrawal are sometimes accompanied by acts of violence. In order to avoid security disturbances, the Police at the request of a fiduciary recipient or designated third party are willing to provide security for the forced withdrawal of motorized vehicles on fiduciary collateral objects. What is the problem to be studied is whether the forced withdrawal of fiduciary objects through third party services is in accordance with the law? This research is a normative juridical type which is carried out by examining various formal legal rules such as laws and regulations and theoretical concepts which are then related to problems. From the results of the study it was found that legally the fiduciary recipient was not authorized to carry out the confiscation. In a civil case the authority to carry out a confiscation is the bailiff of the district court. Therefore forced withdrawal or seizure of objects of fiduciary collateral by fiduciary recipients or designated third parties is a vigilante effort, it is not appropriate to obtain police security, if necessary prevented and acted upon.

PERLINDUNGAN HUKUM BAGI PEMENANG LELANG OBYEK HAK TANGGUNGAN DARI GUGATAN PERDATA PIHAK KETIGA Angga, Firman
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

In practice, the auction, although carried out in accordance with applicable regulations, is sometimes still sued in the District Court, the High Court even to the Supreme Court. The results of the supreme court's decision were canceled. Regarding this matter, of course the auction winner is very disadvantaged. The problem to be known in this scientific work is a form of legal protection against the winning bidder for the execution of Mortgage, and how to settle if there are obstacles in the implementation of the auction. This scientific work uses a normative juridical method with a statute approach, a conceptual approach and a case approach. The results obtained from this study are that the form of legal protection for auction winners who have good intentions is: 1) Submitting resistance (Derden Verzet) to the execution of the verdict. This resistance is submitted to the Chairperson of the District Court whose confiscation occurs in his jurisdiction, both verbally and in writing, 2) Submitting a request for legal protection for the decision to cancel the auction and re-execute. The method of settlement if there is an obstacle in the implementation of the auction for the Mortgage by means of the debtor paying the amount of debt and other costs as stated in the contents of the decision if the obstacles arise during the auction. Whereas the method of settlement after the auction, is the creditor as the buyer and the winner of the auction of the Mortgage resistance (derden verset) by suing the debtor to court with a claim for compensation for all costs of conducting the auction that has been carried out and canceled by the court. Furthermore, Bank Rakyat Indonesia as the creditor holds the default debtor accountable to immediately fulfill the defaulted debt by re-executing

AKTA BORGTOCHT DALAM PERJANJIAN KREDIT William, G Victor
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Personal guarantee (borgtocht) is an additional agreement (accesoir) which is made for the benefit of the creditor. Personal guarantee cannot exist if there is no legal principal agreement between the creditor and the debtor, therefore this guarantee agreement involves three parties, namely the creditor, the debtor and the guarantor. The main reason for the making of personal guarantee agreement is because there is a relationship of interest between the guarantor and the debtor (the guarantor has an economic interest in the business of the debtor). Personal guarantee in practice are always made in written form. Personal guarantee agreement can be made in the form of under the hand deed or notarial deed. In banking practices, the agreement is made in the form of a standard contract that has been provided by the bank as the creditor. The party that signs this deed is the debtor and the guarantor, hereinafter the deed kept by the bank.

PERAN NOTARIS DALAM PENYULUHAN HUKUM SEHUBUNGAN DENGAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STATUS OBJEK TANAH NEGARA DAN MENGAKIBATKAN KERUGIAN MATERIIL BAGI PEMBELI Sholiha, Mar Atus
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

In providing services to the community there are two important things, namely the making of authentic deeds including the PPJB deed relating to the trade of state land, and providing legal counseling to the public. Legal consouling by Notary must be did for and for legal actions did by notaries at the request of their clients. In the case of taking legal action for his client, the notary may also not side with his client, Notary must be neutral, because the task of the notary is to prevent the occurrence of problems. This normative juridical research uses a statute approach and conceptual approach. This research is limited to the discussion forms of legal protection the object buyers of State land through the Deed Agreement of Trade Binding (PPJB) which is not given legal counseling by Notaries, and Notary responsibilities in connection with the PPJB Deed with the object of state land before a Notary are not preceded by legal counseling of parties in relation to land status. The results from this study explain that in the PPJB deed there is a legal relationship between the legal subject and objects which creates the rights and obligations that also need to get legal protection. Forms of legal protection against buyers of State land object through the Deed Agreement of Trade Binding (PPJB) made by a  Notary that trade object is state land and cannot be traded with the status of property rights is by Submit a claim for cancellation of the deed and Submit a claim for compensation to both the seller and the Notary. The notary is responsible in connection with the Deed Agreement of Trade Binding (PPJB) with the object of state land made before a Notary whose services are not preceded by legal counseling because there is a legal relationship between the Notary with the respondent, but not contractual relations.

IMPLIKASI HUKUM PENDAFTARAN JAMINAN FIDUSIA ONLINE TERHADAP ASAS PUBLISITAS SEBAGAI SALAH SATU CIRI HAK JAMINAN KEBENDAAN Hermawan, Dofi Yos
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The main material of the study due to the law of online fiduciary registration on the principle of publicity as one of the characteristics of material security rights, with the formulation of the problem What is the online registration of fiduciary collateral and What is the result of the legal registration of online system fiduciary guarantees for creditors' publicity rights. The conclusions are as follows: Ratio Legis registration of online fiduciary guarantees, is to improve the service of registration of fiduciary guarantees easily, quickly, and at low cost. Fiduciary registration to guarantee legal certainty and fulfillment of the principle of publicity, but online fiduciary registration involves a notary, only a notary who has a password to access the registration of fiduciary collateral rights, for notary registration of fiduciary insurance impairs public / public access to know that the object belonging to the debtor is burdened with fiduciary collateral for repayment of debt when the debtor is in default. The online system registration fiduciary legal consequences of creditor rights, that the registration of fiduciary guarantees with an online system, against creditors has guaranteed legal certainty by issuing fiduciary certificates, but does not guarantee legal certainty if it turns out that objects fiduciary collateral have been made public, so what happens is that fiduciary is repeated, even though according to Article 17 of the Fiduciary Guaranty Law, re-fiduciary is prohibited. The occurrence of this re-fiduciary was indeed complained by the notary because of the lack of publicity principles regarding the condition of objects being burdened as fiduciary guarantees

MEWUJUDKAN ASPEK KEADILAN DALAM PUTUSAN HAKIM DI PERADILAN PERDATA Djojorahardjo, Rommy Haryono
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The judge's decision in court ideally contains aspects of legal certainty, justice and expediency. In its implementation it is not easy to synergize these three aspects, especially between aspects of legal certainty and justice, which are usually conflicting. The results showed that a judge in examining and deciding cases was not always fixed on just one principle. Constraints faced by judges who tend to legal certainty experience a deadlock when written provisions cannot answer the existing problems. Emphasis that is more inclined to the principle of justice means having to consider the law that lives in the community, which consists of habits and legal provisions that are not written. Judges in their legal reasons and considerations must be able to accommodate all the provisions that live in society in the form of customs and unwritten legal provisions. The emphasis is more on the principle of expediency, more nuanced in the economy

PERTANGUNGG JAWABAN NOTARIS PPAT DALAM MELAKUKAN PELAYANAN PEMBAYARAN PAJAK BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) Leomuwafiq, Ghazi
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Notary Services as a part of the service to the community, should walk parallel to the development of society in the present and future. One of notary services conducted in his position as PPAT is Payment service for land and building Rights (BPHTB) in terms of buying and selling of land rights. BPHTB payment is one of the conditions for the registration of land rights transitional in the provisions of Article 103 of the regulation of the Minister of Agrarian state/head of National Land Agency number 3 year 1997.  Due to the existence of the BPHTB payment obligation resulted in the time period between the purchase and sale agreement carried out in front of the notary, with the implementation of the sale/turnover of land rights carried out in front of the authorized PPAT has a distance For a relatively long period of time, and usually buyers who conduct buy and sell rights to the land have handed over a certain amount of money for the cost of BPHTB by giving it to the notary public that makes the transitional deed. On the one hand, due to the relatively long period between the trade and Sale Alliance carried out before the notary with the sale and purchase carried out in the presence of the authorized PPAT, while the cost of BPHTB is deposited by the client to the notary public as the official The makers of Land deed (PPAT), allowing the opportunity of misappropriation by means of unpaying or embezzlement of BPHTB funds deposited

KEDUDUKAN SAKSI INSTRUMENTAIR ATAS AKTA NOTARIS YANG MENIMBULKAN PERMASALAHAN DALAM PERKARA PERDATA Dhaniaty, Marina
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

The subject of the research is entitled Position of Witness Instrumentair on Notariy Deeds that Dispute and Inflict Problems, with the formulation of the problem How is the position of the instrumentair sanctioned in the notary deed and How is the scope of the instrumentair witness's responsibility in making a notary deed. Conclusions are obtained as follows: Sanctioned instrumentair in notary deed, to fulfill requirements as authentic deed, however the presence of witnesses of instrumentair is very necessary and is a requirement to be referred to as an authentic deed that has perfect proof power. In making the deed, since the notary read and signed the deed (verleijden), the instrumentair witness testified that it was true that the formalities determined by the law had been fulfilled, namely that before the parties signed, the deed had been read by the Notary to the party, then signed by the parties, everything is done before the witnesses of the instrumentair. The scope of the instrumentair witness's responsibility in making a notary deed can be explained that the instrumentair witness in making authentic deeds is limited to ratifying the deed as an authentic deed as desired by the nature and form of authentic deed, which is signed by the witness notary and instrumentair witness responsible for fulfilling the formalities determined by law, that the true viewer is present before a Notary and the identity of the viewer is in accordance with the description read by the Notary, that the deed before being signed by the parties is first read by the Notary to the viewers, and then signed by the parties concerned. it was carried out by a Notary and the parties before witnesses

PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA. Welerubun, Cornelia Junita
JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

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Achmad Syafii

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Location
Kab. sidoarjo,

Jawa timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Achmad Syafii

Contact Email karimahmadsyafii@gmail.com

Phone -

Journal Mail Official karimahmadsyafii@gmail.com

Editorial Address -

Location Kab. sidoarjo, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Achmad Syafii

Contact Email
karimahmadsyafii@gmail.com

Phone
-

Journal Mail Official
karimahmadsyafii@gmail.com

Editorial Address
-

Location
Kab. sidoarjo,

Jawa timur

INDONESIA