LEGAL BRIEF
The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This publication contains scientific writings within the scope of business law from experts, academics, and practitioners. The writings are published after going through a review of bestari partners and editing by the editorial board without changing the substance of the subject matter. The writing in this publication is entirely the opinion and personal responsibility of the author and cannot be interpreted as reflecting the opinion of the Publisher. LEGAL BRIEF, an open-access journal, is blind peer-reviewed and published May and November every year. The journal accepts contributions in English/Indonesia (Preferably in English). LEGAL BRIEF is providing scholars with the best, in theory, research, and methodology as well as providing a platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to law. LEGAL BRIEF publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
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<![CDATA[Juridical Analysis of the Binding of Inherited Land that has not been Divided as the Object of Debt Collateral (Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 2189 K / PDT / 2017) ]]>
<![CDATA[Rika Devi Yanti Nasution]]>;
<![CDATA[Yamin Lubis]]>;
<![CDATA[Mustamam Mustamam]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[DOI: https://doi.org/10.35335/Legal.Vol9i2 The parties in the loan or credit agreement, bind the inherited land that has not been divided as a debt collateral object, namely by guaranteeing inherited land that has not been distributed to the heirs. The formulation of the problem in this thesis is how the position of inherited land which is used as collateral originating from the sale and purchase of land from an heir, how the legal consequences of the sale and purchase of inheritance land are used as collateral in the loan receivables agreement, how is the judge's judgment in deciding the Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the position of inherited land that is used as collateral originating from the sale and purchase of land from an heir is that there must be an agreement of the heirs to avoid the seizure of inheritance between heirs, who appear with the desire to own most or all of the inherited assets that are inherited. Abandoned, registration of transfer of mortgage rights is carried out by recording it in the land book and certificate of related mortgage rights and in the land book and certificate of rights encumbered based on a letter of evidence of the transfer of receivables guaranteed due to inheritance. The transfer of land rights due to inheritance is not one of the causes of the abolition of the Underwriting Right, therefore the Underwriting Right will not be abolished by the transfer of land rights that it encumbered. Judge's consideration in deciding the Republic of Indonesia's Supreme Court Decision Number 2189 K / Pdt / 2017 if seen from the guarantee law is land that has been the object of collateral for a credit loan legally. The guarantee cannot be transferred or sold or carried out a legal action on the object of the guarantee without the permission of other heirs as well as creditors namely the North Sumatra Bank as the party entitled to the guarantee.]]>
<![CDATA[Legal Protection of Ownership Certificate Holders of Land which is used as Collateral for Debt (Decision Study Number 293/Pdt /2018/PT.Mdn) ]]>
<![CDATA[Abrari Bahar Manik]]>;
<![CDATA[Yamin Lubis]]>;
<![CDATA[Mustamam Mustamam]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Legal protection for Underwriters who depend on promises contained in the Deed of Granting Mortgage. The formulation of the problem in this thesis is how the legal protection of certificate holders on land bound with mortgage rights, how to conduct roya for dependents who are bound with mortgage rights, how is the legal considerations of judges on Decision Number 293 / Pdt / 2018 / PT.Mdn against holders certificate. The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the procedure for conducting roya on dependents bound to the mortgage is based on the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency No. 3 of 1997 as the implementation of PP No. 24 of 1997 concerning Land Registration, where roya can be carried out without prior agreement (APHT) and is not required to have the same size area between the lands that have been divided into several parts, even though the land has been bound by guarantee of Mortgage Rights and has been registered at the Land Office. Implementation of roya can be carried out on the repayment of debts guaranteed by the portion of land that has been broken up that is bound by guarantees of Mortgage. Judge's legal considerations regarding Decision Number 293 / Pdt / 2018 / PT.Mdn to the certificate holder is a certificate of power of attorney Number 29 dated June 13, 2015 made by Defendant-IV which is used as the basis for obtaining and or hanging rights from him which is used as long as The land along with the plaintiff's permanent home building are not enforceable with all its legal consequences so that all legal actions and documents that are born from acts against the Defendant-I to Defendant-V as well as other parties on the object of the land along with building the case house are conducted without the plaintiff's permission, is illegal.]]>
<![CDATA[Obstacles In The Process Behind The Legal Certificate Of Land Through The Binding Agreement Of Buying ]]>
<![CDATA[Danita Adriani]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Assignment requirements sets in Article 37 paragraph 1 of Government Regulation No. 24 of 1997 on concerning land registration. From the practice oh the transfer of land rights, people don’t always make the payment in cash but also usually done in installments. To protects the buyer has paid the installments due under the name can't be done then the parties often bridged with make an accessoir agreement like purchase agreement , deed District Land Office of Tulungagung. At the District Land Office of Tulungagung found many local people are experiencing a lot of obstacles in process to change of name in the certificate of land rights with an accessoir agreement like purchase agreement neither made before a notary or under hanf.]]>
<![CDATA[Juridical Review of the Balance of Position of the Parties in the Micro Business Credit Agreement ]]>
<![CDATA[Dhenandra Mahardika Sukmana]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Loans granted by banks need to be secured, without the presence of bank safeguards it is difficult to evade from arising as a result of debtor underachievement. Therefore banks bind debtors in micro business credit agreements based on the legal relationship between banks and credit. This research is to find out how micro business credit agreements have a balanced position for the parties. The method uses normative juridical research and the method used uses licensing (statute-approach) and analytical (analytic approach). The results obtained from this study are expected to provide a clear description and detailed, systematic and thorough legal review of the equilibrium position of the parties to the micro credit agreement.]]>
<![CDATA[Legal Remedy Against Regress Rights for Endosans Who Make Non-Payment / Non-Acceptance Judging from the Use of Securities in KUHD ]]>
<![CDATA[Syananda AL Rizky]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Basically the provisions regarding the right of regressions are regulated in the Commerial law code. Regres right means the right to collect. Within the legal framework of money orders, Regres rights is right to collect from the debtor must regres because debtor interested in not being willing to accept or not pay the money order requested on the day of payment. This regression right is given to the notes holder because the money order has been rejected by the interested ( non-acceptability) or interested recipient of the money order payment on the day of payment(non payment). If a non-acceptance occurs,the holder has a regress right to the debtor must regres. As for the debtor meant in the right of regres are all people who have the obligation to guarantee payment of the relevant notes. The debtor must regress cn be a publisher or endosan or avalist. The regresion itself can be exercised if there is no acceptance (non-acceptability) and no payment (non payment). In the case of non-payment after acceptance, regress can be directly addressed to acceptor itself. The acceptor is bound to pay the note because he has put his signature on the note when accepting the note. As such it is a mandatory regres that must meet payment.]]>
<![CDATA[The Substance of Dumping in HDI's Point of View, its Existence Towards Islamic Law ]]>
<![CDATA[Muhammad Ali Adnan]]>;
<![CDATA[Atika Sunarto]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
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<![CDATA[This paper discusses the views of international trade law and Islamic law on dumping practices. Dumping is the activity of buying and selling products at below normal prices in countries aimed at exporters for the sole purpose of controlling international market share. Dumping is carried out with the aim of seizing international share by a country, so that this is a high case in international trade. It is a fact that Indonesia is in the top fifth place on dumping charges. Dumping is a trade practice that is dishonest, however dumping is in fact not prohibited in the provisions of the WTO. However, importing countries can apply anti-dumping duties that apply to the WTO for dumping products to prevent or reduce the effects of serious losses on domestic products which are considered substantial. Islam recognizes the term dumping by the term "siyasah al-ighraq" or islam the price. Islamic law is different from international trade law. Which is in the hadith of the Prophet that the practice of dumping is prohibited because it can cause losses that lead to bankruptcy for producers.]]>
<![CDATA[Islamic Law View Corruption as A Structured Crime (Case Study Corruption of PKH Social Assistance in Tangerang District) ]]>
<![CDATA[Tolkah]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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<![CDATA[Islamic law has a point of view in looking at corruption. Corruption is defined as a form of fraudulent practice by humans to get something, Islam has its definition, namely (risywah) something that is given to someone who has the power or position to help everything. Corruption of social assistance The family hope program is carried out by all levels so that it becomes a unity, recipients of bribes, givers of bribes and bribes. The purpose of this research is to see how Islamic law views corruption. This research approach uses qualitative with quantitative methods and primary and secondary data collection and uses literature related to Islamic law and corruption.]]>
<![CDATA[Agrarian Reform In The Perspective of Pancasila ]]>
<![CDATA[Mas Subagyo Eko Prasetyo]]>
<![CDATA[ LEGAL BRIEF Vol. 9 No. 2 (2020): Law Science and Field ]]>
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DOI: 10.35335/legal.v9i2.369
<![CDATA[In the construction of the thought of the Preamble to the 1945 Constitution, Pancasila is the basis of the state which is the subject of the fundamental rules of the state and is the highest norm in the hierarchy of the system of legal norms of the Republic of Indonesia. Pancasila is the basic norm that creates all lower norms in the legal system. Pancasila should also determine whether or not the legal norms under it apply. In the thought construction of the Preamble to the 1945 Constitution, Pancasila will be realized through the making and implementation of state policies (the constitution, laws, government regulations and so on to the lowest implementing regulations) and is revealed in the practices and habits of acting of the administrators of state power, executive, legislative and judicial. Law number 5 of 1960 concerning the Basic Agrarian Regulations, better known as the Basic Agrarian Law (UUPA) can be put forward as an example of Indonesia's positive law which flows directly from Pancasila (especially the principles of Social Justice) and Law No. The 1945 Constitution (especially Article 33 paragraph 3), although in practice the law seems to have been deliberately not implemented because of the complexity of the interests that played out after the open door policy was implemented in 1967.]]>
