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Al-Adl : Jurnal Hukum
Published by Universitas Islam Kalimantan Muhammad Arsyad Al Banjari
ISSN : 19794940     EISSN : 24770124     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI with the code E-ISSN 2477-0124 and P-ISSN 1979-4940. Every script that goes into the editorial will be reviewed by reviewers in accordance with the field of knowledge. The review process is not more than 1 month and there is already a decision about whether or not the submission is accepted.This journal provides open access which in principle makes research available for free to the public and will support the largest exchange of global knowledge. Al Adl : Jurnal Hukum publihes twice a year (biannually) on January and July focuses on matters relating to: - Criminal law - Business law - Constitutional law - State Administration Law - Islamic law - The Basic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 14, No 2 (2022)" : 12 Documents clear
Penyelesaian Sengketa Jaminan Fidusia Dalam Praktik Gadai Arifatul Uyun; Abdul Mujib
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6149

Abstract

 One form of prudence from financial institutions is to ask for a fiduciary assurance from debtors to guarantee debt repayment or fulfillment of the contract in accordance with the agreement. In a fiduciary assurance, the goods that become the fiduciary object cannot be transferred to a third party either by being sold, pawned, and so on without the written permission of the debtor. Debtors who transfer the object of fiduciary security with pledges and defaults, then there are efforts made to resolve them. This research is qualitative research using the descriptive-analytical method. The approach used in this study is a normative juridical approach, by examining the settlement of disputes in fiduciary assurance which are transferred with a pledge by the debtor. The results of this study indicate that a fiduciary assurance is an additional agreement that previously contained a main agreement by the parties, while the object of a fiduciary assurance is movable and immovable goods, tangible or intangible, except for mortgages, ship mortgages, mortgages airplanes, and pawns. Efforts to resolve disputes that occur in fiduciary assurance can be carried out by direct approaches, subpoenas, mediation, and execution of the fiduciary object. Disputes that occur in fiduciary assurance, are resolved first in accordance with the material rights attached to the fiduciary object, namely Droit de Preferenc and Droit de Suite rights.
Analisis Yuridis Terhadap Penegakan Hukum Pelanggaran Lalu Lintas Dan Angkutan Jalan Berdasarkan Electronic Traffic Law Enforcement (ETLE) Dalam Kaitan Prinsip Sanksi Pidana Hanya Dapat Dijatuhkan Melalui Proses Peradilan Ahmad Gazali
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.5707

Abstract

This study aims to determine the application of Electronic Traffic Law Enforcement (ETLE) and to determine the implementation of the principle of criminal sanctions that can only be imposed through court decisions in the law enforcement proceeding of traffic violations based on Electronic Traffic Law Enforcement (ETLE). This research is Normative Legal Research in which researchers will collect and review primary data on the law enforcement proceeding of ETLE violation along with secondary data in the form of primary, secondary, and tertiary legal materials. The results indicate that the implementation of ETLE is regulated by various laws and regulations including Act No. 22/2009 on Traffic and Transportation; Government Regulation No. 80/2012 on Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations in conjunction with Chief of Police Regulation No. 5/2012 on Registration and Identification of Motorized Vehicles in conjunction with The Supreme Court Regulation No. 12/2016 on Procedures for Settlement of Traffic Violations Cases and there is no visible contradiction or disharmony. However, in the application of these regulations there are indications of disharmony between the law and their implementation and law enforcement, where violators entrust payment of fines that have been adjusted to the number of fines that will later be will be decided by a court judge, even though if referring to Article 267 Paragraph (4) of the Traffic Act, the amount of money deposited is equal to a maximum fine of the criminal penalty.

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