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<![CDATA[TUGAS, WEWENANG DAN TANGGUNG JAWAB BALAI HARTA PENINGGALAN DALAM PEMBERESAN HARTA PAILIT ]]>
<![CDATA[Inayati, Raisa]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol. 4 No. 2 (2018): October 2018 ]]>
Publisher : <![CDATA[JURNAL MEDIA HUKUM DAN PERADILAN ]]>
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<![CDATA[Bankruptcy will essentially change the competent status of the relevant legal subject of the debtor in the management of the bankruptcy property, then in the process must follow certain terms and procedures so declared bankrupt based on a judge's decision. Due to the verdict of bankruptcy statement against the debtor will become a foothold of the next problem that is about how the creditors get their rights from the debtor bankruptcy and who will take care of the division of bankrupt debtors. Against this statement, Article 70 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts stipulates that the entitled to do belongs to The Orphans Chamber or other Curators. Closing up bankruptcy belongs to the end of the bankruptcy process. In this writing can be known about the main role in the management and ordering of bankrupt property carried out by the Curators / The Orphans Chamber.]]>
<![CDATA[PENYALAHGUNAAN INSTRUMEN KEPAILITAN ATAU PKPU OLEH DEBITOR SETELAH MEMPEROLEH FASILITAS KREDIT DARI LEMBAGA KEUANGAN ]]>
<![CDATA[Prajogo, Timotius William]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol. 4 No. 2 (2018): October 2018 ]]>
Publisher : <![CDATA[JURNAL MEDIA HUKUM DAN PERADILAN ]]>
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<![CDATA[The 5C principles are important for creditors to give loan to debtors. However, nowadays especially collateral cannot be the guarantee for debtor’s debt if the debtor is breaching the contract, because many of the financial institutions are dare to take a risk by giving higher loan than its collateral’s worth. This condition can bring a risk if there were bankruptcy happened to debtor; therefore, it is not rare that there is clause in loan agreement to protect creditors, by not allowing debtor voluntary asked self-bankruptcy petition, although this kind of clause is contradicts with the nature of bankruptcy law. The concept in Law number 37 years 2004, categorize as simple to be granted by commercial court. Unfortunately, the bankruptcy’s instrument often misused by parties who have bad faith and also for the suspension of payment. Moreover, the creditors will get impact from the parties that have a bad faith. As the legal protection, it can do some legal efforts such: suspension of debt’s payment, lawsuit, cassation, judicial review and criminal indictment.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP KEJAHATAN INSIDER TRADING DALAM PASAR MODAL INDONESIA ]]>
<![CDATA[Hariono, Wisnu Satrio]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol. 4 No. 2 (2018): October 2018 ]]>
Publisher : <![CDATA[JURNAL MEDIA HUKUM DAN PERADILAN ]]>
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<![CDATA[Insider Trading or insider trading is a form of banned trading in securities transactions in the capital market. The practice of insider trading is one form of violation of the principle of openness which is the soul of the capital market industry. This research is motivated by the number of insider trading practices in securities transactions. The main problem to be answered through this research is to know the extent of Capital Market Law in handling insider trading practices in Indonesia capital market. This research uses normative juridical approach and comparison of laws. In this research can be found the existence of legal efforts that can be done by investors who are harmed by the crime of insider trading by filing a lawsuit Unlawful Act, as a form of legal protection for investors.]]>
<![CDATA[ANALISIS YURIDIS OPTIMALISASI PENDAPATAN DESA MELALUI PROGRAM PAMSIMAS ]]>
<![CDATA[Hariadi, Dadang Budi]]>;
<![CDATA[Zamroni, M]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 4 No 2 (2018): October 2018 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v4i2.68
<![CDATA[The purpose of this study was to determine the important role of the utilization of clean water in meeting the needs of the community through the PAMSIMAS program that is able to support life in carrying out development in the present and in the future. In the problems faced by the number of villages that received the PAMSIMAS program assistance currently showing unpreparedness in the management of the program, the expected PAMSIMAS program was far from the expected benefits of the community in using clean water. In this study to examine more on the problems that arise, researchers use normative research supported by an empirical approach. From the research, the researchers found indicators of problems that were the constraints of the ineffectiveness of a government program to meet the needs of the community, which among others, the absence of special assistance from the government regarding the mechanism in the program. The duration of responsive embodiment of regulatory instruments issued from 2008 to 2018..]]>
<![CDATA[HAK DAN KEWAJIBAN SUAMI ISTRI DAN HARTA BERSAMA DALAM PERKAWINAN MENURUT UU NO. 1 TAHUN 1974 ]]>
<![CDATA[Sumoked, Jeffrin Pratama]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.71
<![CDATA[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]]>
<![CDATA[PROBLEMATIKA PENARIKAN PAKSA KENDARAAN BERMOTOR OBYEK JAMINAN FIDUSIA ]]>
<![CDATA[Paramita, Btari Prajna]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.72
<![CDATA[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.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEMENANG LELANG OBYEK HAK TANGGUNGAN DARI GUGATAN PERDATA PIHAK KETIGA ]]>
<![CDATA[Angga, Firman]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.74
<![CDATA[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]]>
<![CDATA[AKTA BORGTOCHT DALAM PERJANJIAN KREDIT ]]>
<![CDATA[William, G Victor]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.75
<![CDATA[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.]]>
<![CDATA[PERAN NOTARIS DALAM PENYULUHAN HUKUM SEHUBUNGAN DENGAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) STATUS OBJEK TANAH NEGARA DAN MENGAKIBATKAN KERUGIAN MATERIIL BAGI PEMBELI ]]>
<![CDATA[Sholiha, Mar Atus]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.77
<![CDATA[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.]]>
<![CDATA[IMPLIKASI HUKUM PENDAFTARAN JAMINAN FIDUSIA ONLINE TERHADAP ASAS PUBLISITAS SEBAGAI SALAH SATU CIRI HAK JAMINAN KEBENDAAN ]]>
<![CDATA[Hermawan, Dofi Yos]]>
<![CDATA[ JURNAL MEDIA HUKUM DAN PERADILAN Vol 5 No 1 (2019): May 2019 ]]>
Publisher : <![CDATA[Program Pascasarjana Universitas Sunan Giri Surabaya ]]>
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DOI: 10.29062/jmhp.v5i1.78
<![CDATA[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]]>
