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JURNAL MEDIA HUKUM DAN PERADILAN
Published by Universitas Sunan Giri Surabaya
ISSN : 24433551     EISSN : 26548178     DOI : -
Core Subject : Humanities,
Humanities
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2019): May 2019" : 5 Documents clear
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 : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

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 : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

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 : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

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 : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

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 : JURNAL MEDIA HUKUM DAN PERADILAN

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Abstract

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.

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