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PENGALIHAN KREDITUR MELALUI CEASIE （STUDI KASUS PADA KOPERASI SIMPAN PINJAM INDOSURYA ） Sri Eni Julianita Koto
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

The state of liquidation of each bank and non-bank financial institution is strongly affected by social and economic conditions, both on a national and international scale. In order for lending (loans) to continue to run, it is known that the accounts receivable transfer agency is known as cessie. Based on Article 613 of the Civil Code, it is stated that the delivery of receivables in the name and other bodily objects is carried out by making an authentic deed or deed under the hands of which the rights to property are delegated to others. The delivery of these receivables has no effect on the debtor before delivery is notified and approved in writing or acknowledged by the Debtor / Borrower. The existence of an authentic deed or underhand deed is needed as a way of transferring or transferring ownership rights over the receivables in question from the creditor to a third party. The role and authority of a Notary in the making of cessie documents, as regulated in the notary office law, namely "Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in the notary office law. Receivables transferred by cessie are a claims held by creditors against their debtors which are claims on behalf of. In principle, a bill in the name shows clearly and definitely about the creditor who is entitled to receive payment. This occurred in the transfer of accounts receivable between the Indosurya Savings and Loans Cooperative (Old Creditors) and Indosurya Inti Finance (As the new creditors). The transfer of accounts receivable that occurs between the Indosurya Savings and Loans Cooperative and Indosurya Inti Finance has a legal effect on the collateral binding that has been installed by the mortgage and has legal consequences for the borrower / debtor of the Indosurya savings and loan cooperative who switches from the Cooperative Borrower who is subject to the regulations of the Ministry of Cooperatives and Small Business and Medium to become Indosurya Inti finance debtors who are subject to the regulations of the Financial Services Authority.The problems in this research, among others: How is the transfer of accounts receivable by cessie and the consequences for guarantees of mortgage rights, How is the implementation of collection of accounts receivable (cessie) made with a notary deed, How is the implementation of cessie in indosurya savings and loan cooperatives. The problems in this study include: How is the transfer of accounts receivable by cessie and the consequences for guarantees of mortgage rights, How is the implementation of collection of accounts receivable (cessie) made with a notary deed, How is the implementation of cessie in indosurya savings and loan cooperatives. This research uses legal certainty theory and legal protection theory. This research uses normative legal research methods that are descriptive in nature, the data sources of this study can be divided into primary data and secondary data. Primary data was conducted in order to obtain field research through interviews with informants. Library research is carried out by reading books, journals, and laws and regulations. The results showed that. The transfer of accounts receivable (Cessie) between the old creditor and the new creditor which is guaranteed by the mortgage right causes the mortgage to also be transferred. The law states that if the receivables secured by mortgage rights are transferred due to cessie, subrogation of mortgage rights is also transferred due to the law. The role of a notary in the production of a cessie deed is the same as that of other deeds made by a notary. As a deed made before / made by a Notary Public has Construction, namely the Authority, requirements and procedures that must be carried out by the Notary Public. . The implementation of Accounts Receivable Transfer (Cessie) between the Indosurya Savings and Loan Cooperative and Indosurya Inti Finance has legal consequences for both the borrower and the new creditor (cessionaris). The implementation of the cessie has not been carried out as it should be regulated in the provisions of the law. Accounts receivable transfer is only carried out in an operational system, debtor loans are transferred to the operational system of Indosurya Inti Finance. Accont management (loans) is still maintained by the Indosurya Savings and Loans Cooperative. this causes losses incurred on the borrower (Debtor) and results in legal uncertainty. Article 16 of the mortgage rights law confirms that receivables are transferred due to cessie, and the mortgage rights are transferred due to law to new creditors. In the implementation of the cessie between Indosurya savings and loan cooperatives and the core indosurya finance, the mortgage rights have not been registered again. The deviation from the practice of implementing this cessie is not mentioned in the law, namely Article 16 of Law No. 4 of 1996. In juridical terms, the absence of the transfer of the security right causes the cessei agreement to be null and void or it is assumed that the transfer of accounts receivable has not yet occurred. In a sociological view, the non-registration of mortgage rights does not make the cessie cancel. The agreement has no material rights, because material rights have the principle of publicity. Publicity principle is a security right that must be registered. So that creditors change from preferred creditors to become concurrent creditors

ANALISIS YURIDIS KEDUDUKAN NOTARIS DALAM MENGUNGKAPKAN PEMILIK MANFAAT (BENEFICIAL OWNERSHIP) DALAM PEMBUATAN AKTA NOTARIS VELLICHIA LAWRENCE
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

A notary as a public official, in drawing up authentic deeds particularly related to corporation, is also obliged to implement Know Your Beneficial Owner Principle which is not stipulated in the Notarial Act. On one hand, a notary plays an importnant role to reveal the beneficial ownership of a corporation, on the other hand transparency in revealing beneficial ownership has to be based on honest and clear information from delegation of the corporation since the existence of beneficial ownership cannot be fully detected by the notary. The research problems are how the notary’s liability for the drawing up of notarial deeds, why it is necessary to reveal the beneficial ownership of a corporation, and how about the status of a notary in revealing the beneficial ownership in drawing up notarial deeds. This research employs normative juridical method. The data are collected through library research, which materials or data obtained are systematically organized and analyzed by scientific logical procedures that is qualitative. The results are expected to be able to answer the research problems and to solve them.

ANALISIS YURIDIS PENOLAKAN PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) HAK ATAS TANAH MELALUI PROSEDUR GUGATAN KE PENGADILAN (STUDI PUTUSAN MA NO. 3703.K/PDT/2016) Herlina Hasibuan
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

PPJB (Purchase Contract) is and agreement which comes from legal needs in society. A certified PPJB on land rights in an implementation of the principle of freedom in making a contract AJB (Sales Agreement) is made before PPAT (official Empowered to Draw up Land Deeds) so that both the buyer and the seller are bound together to make land rights AJB before a notary. The research used normative method which analyzed legal provisions such as Book III of the Civil Voce and UUJN No. 2/2014 on the Amandement of UUJN No. 30/2004. It also used descriptive analytic method which described, explained, and analyzed the research problems and found the right answer as the solution of the problems. Notarial deed can be done based on article 1338, The legal consideration of the Supreme Court Judge is correct and in accordance with contract law because the seller’s argumentation is that the complaint of the third party is not valid according to legal provisions. Unilateral revocation cannot be carrier out, and it is invalid and illegal since it does not get approval from the other party thow is involved in making the contract.

Analisis Yuridis Atas Peralihan Hak Atas Tanah yang Tidak Dilakukan Dihadapan Ppat (Pejabat Pembuat Akta Tanah) (Studi Pada Perumahan Bumi Berngam Baru Di Kota Binjai) Siti Melisa Harahap
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

Land title transfer is the transfer of land rights from the old owner to the new one. According to the adat law, land title transfer is a clear and cash transaction. What it means by ‘clear’ is that the transfer has to done before an Adat leader or a PPAT (official empowered to draw up land deeds), and what it means by ‘cash’ is that the title transfer and the payment have to be done simultaneously. In reality, however, many land title transfers are not done before PPATs. The research problems are how about the regulation on land title transfer according to laws, how about the process of transfer which is not done before a PPAT, ad how about the legal consequence of land title transfer which is not done before a PPAT. The research used juridical normative method with descriptive design. It also used juridical empirical method by conducting interviews as primary data and library research as secondary data. The gathered data were analyzed qualitatively in orderto answer the research problems. Land title transfer is specified in Articles 1457 and 1458 of the Civil Code, in the Adat law on clear and cash, and in the Land Act based on the adat law. The process of land title transfer which is not done before a PPAT violates Article 37 of PP No. 24/1997 on Land Registration as what has occurred at PerumahanBumiBerngam, Binjai, but the Purchase contract can be used as the process of transfer title, and when it is done underhandedly, let alone when it is identified with only a piece of receipt, it cannot give legal certainty and legal protection for the buyer. Legal consequence of land title transfer which is not done before a PPAT will not have anylegal certainty.

Kedudukan Hak Atas Tanah yang Dimiliki Peserta Plasma yang Mengundurkan Diri (Studi Pada Pt. Anugerah Langkat Makmur) Fahrizzal Nasty
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

In General, the most common partnership pattern in Indonesia in plasma nucleus such as PIR Pattern, KKPA Pattern, and PRP Pattern. PT. AnugerahLangkatMakmur (PT. ALAM) operates in oil palm plantations and factories; it has some KUDs (Village Unit Cooperatives) in Langkat Regency and Mandailing Natal Regency. The problem arises when some of their members withdraw and sell their srocks so that there is no certainty about their rights on the plantations which legal standing is the HGU (leasehold) that has not yet regulated or covered by laws and PP (Government Regulation); therefore, it is necessary to have legal breakthrough to settle the problems of cooperative pattern in the plasma plantations at PT. ALAM. Partnership Pattern is a must and the legal consequence of the position of land rights owned by plasma plantation whose members withdraw from the plasma membership (A Case Study at PT. ALAM). The partnership contract is a written form as specified in the Decree of The Minister of Agriculture No. 98/Permentan/OT.140/9/2013 on the Guidelines for Plantation Business License in Article 29, paragraph 2. In principle, the relationship between nucleus and plasma is specified in the Plasma Nucleus contract which explains specially the right and obligation and is made before a Notary. According to Law No. 39/2014, plasma is required to implement plantation business partnership and to facilitate smallholding plantations (in the term of 3 years since the HGU is in effect, it has to be implemented by the plantation company). The legal grounds which stipulates that HGU can be bequeathed is specified implicitly in Article 28, paragraph 2 of UUPA (The Land Act) which states that HGU can be transferred to other party. “Explicitly, the inheritance of HGU is specified in Article 16, paragraph 2, point e PP No. 40/1996 which indicates HGU occurs by inheritance. The land rights of the plasma members who have withdrawn will be transferred to KUD.

Analisis Yuridis Atas Praktek Pinjam Meminjam Uang Tanpa Jaminan di Kalangan Masyarakat Pasar Tradisional Horas Kota Pematang Siantar trinitaty saragih
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

The people at the Horas traditional market, Siantar Barat Sub-district, Pematang Sianar, re allowed to pay their loan by installment, and the loan is without collateral such as land certificate or other valuable devices. Some debtors usually do not pay off their installment to creditors. Loan agreement such as this will have a potential risk for money lenders, but it seems that they have never learned their lesson so that it is necessary for either the debtors or the creditors (money lenders) to get legal protection. The research used juridical empirical method through which the gathered data were analyzed descriptively and qualitatively. The loan agreement without any collateral in the people at Pematang Siantar is the same as used-up loan as it is specified in Article 1754 and Article 1765 of the Civil Code which is not contrary to Article 46, paragraph 1 of Law on Banking. If a debtor does not want or is not able to pay his debt after he has been warned, the creditor can file his complaint about a default to the court, based on Article 1243 of the Civil Code for compensation, interest, or cost. Request for debt relief or the length of term should have creditor’s approval. If the request for interest relief is rejected, a debtor can file it to the Court based on the request of “Wocker-ordinantie 1938”. A debtor who is charged with offensive criminal case can sue the creditor based on Article 335, paragraph 1 and Article 368 of the Penal Code if there is blackmailing in dunning. Special law which regulates the implementation of loan agreement between individuals should always pay attention to the balance in legal and economic position between a creditor and a debtor and not contrary to laws. A creditor should keep the balance in a loan agreement, and a debtor should consider the amount of money he will borrow by comparing it with the profit he will get from it.

Analisis Yuridis Akta Pernyataan Nafkah Terhadap Istri dan Anak Yang Dibuat di Hadapan Notaris (Studi Putusan MA RI No.3002/K/Pdt/2015) rita sh,mkn
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

A divorce is not a goal in a marriage; however a marriage sometimes ends with it, as experienced by AH and YR. YR filed a lawsuit against her husband AH to Muara Enim District Court after a divorce. YR felt financially injured by the action of AH for having violated the content of Statement Deed No.72 dated November 23, 2012 concerning Ah’s obligations to provide support for her and their children after their divorce took place. At District Court level, the judge in Ruling No.14/PDT.G/2014/PN.ME dated August 19, 214 granted parts of YR’s lawsuit. The judge stated that the Statement Deed is valid before the law, and is more valid by the issuance of the Higher Court Ruling No.114/PDT/2014/PT.PLG; which strengthens the District Court Ruling. However, the judge at cassation level granted the cassation application filed by AH. I the concern of the Supreme Court Judge, the Statement Deed is legally defective because it contradicts Article 45 paragraph (2) of the Marriage Act. The research problems are how about the legal force of the Deed of Statement to provide support for wife and child that was drawn up before a Notary, how about the legal consideration of the judge in the Supreme Court Verdict No.3002K/PDT/2015 and how about the legal liability of the Notary for the revocation of the Deed of Statement pursuant to the Supreme Court Verdict No.3002K/PDT/2015. Thic is a normative juridical research which analyzes the law, It employs descriptive analysis approach. The data are analyzed qualitatively. The Deed of Statement No.72 dated November 23, 2012, that was drawn up before Notray AD contains a statement of promise or a clause that does not fulfill the ojective requirements for an agreement. It bocomes null and void and has no legal force. It has been degraded in to an underhanded deed. The Supreme Court Verdict lacks of consideration because the judge was not sufficiently conscientious and has no evident legal ground. The degraded Statement Deed may become the ground to the injured party to file a lawsuit for indemnity such as compensation for all costs, fine and interests incurred to the Notray AD. It is suggested that a deed be carefully and conscientiously drawn up by noticing all prevailing legal aspects. It is recommended that judges have extensive knowledge, be update with the development of prevailing positive laws, so that they will produce responsible ruling with evident and obvious legal consideration. It is also suggested that notaries excercise their role well to provide legal certainty and legal protection for the person appeaering before them.

Analisis Hukum Terhadap Pertanggungjawaban Anak Perusahaan Kepada Induk Perusahaan dalam Hal Pembagian Keuntungan (Laba Ditahan) Menurut Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas Triana Maulia Sari
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

The profit obtained by the holding company by investing in shares in a subsidiary company, that is, the holding company gets the profits derived by the subsidiary as much as the shares it owns. The holding company is also entitled to receive dividends from its subsidiaries, provided that it must pay attention to the net income of the subsidiary. As a result of the holding company’s rights to the profits obtained by the subsidiary, the subsidiary has the responsibility to make profits distribution to the holding company. Research uses normative legal research. This study using the statutory approach (statute approach). Data sources used are secondary data, which consists of primary, secondary and tertiary legal materials. Data collection was carried out by means of library study (library research), then processed and analyzed using qualitative analysis method techniques. According to Article 70 of constitution Number 40 Year 2007 Regarding Limited Liability Companies, the company is obliged to prioritize the allowance for reserve funds so that it can cause retained earnings, which is the profit obtained by the company that is not distributed by the company to shareholders in the form of dividends. Subsidiaries are responsible for giving priority to the interests of the company, especially in terms of storing reserve funds that are useful for the interests of the company such as the payment of long-term debts. In addition, retained earnings are used to support the operational activities of subsidiaries

Analisis Yuridis Kekuatan Pembuktian Sertipikat Hak Milik sebagai Bukti Terkuat Dibandingkan dengan Bukti Hak Lainnya dalam Undang-Undang Pokok Agraria (Studi Putusan Mahkamah Agung Nomor 2064 K/Pdt/2014) Muhammad Satria Harry Dhan
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

In agrarian, land is a part of the earth called earth surface. Regulations on land in this case do not necessarily refer to the regulations concerning all of its aspects, but only refers the regulatios on one of it aspects i.e. land in juridical definition named rights that produce two principles. The principles create 2 land registration system; namelt positive and negative publication system. A dispute over overlapping land ownership is found at Kelurahan Sukaraja, Medan Maimun Sub-district, Medan, North Sumatera Province. This case begins with lawsuit filed by the plaintiff. The object of this case is a piece of land with area of 1.080 m2 that is partly owned by Datuk Syahrial, but it has been seized and occupied by Lido Hamonangan Hutabarat without any permission from Datuk Syahrial. The land was acquired by the plaintiff from his parents grounded on a letter of notification, then Datuk Muhammad Tamin bin Datuk Rashtam acquired the land from his parents named Datuk Rashtam. However, the land and building on it are registered with the name of Lido Hamonangan Hutabarat who acquired it from plaintiff I grounded on a sale and purhace deed drawn up before a Notary, Roesli, in Medan. This case was submitted the favor of the plaintiff. This research employs Normative Juridical method and applies the theories of legal certainly and rights. The legal consequences for the verification strength of the land ownership certificate in this case is that the grant process seems ti be vague, whether it truly happened and whether it was actually handed by Datuk Mhd.Tamin or not. There is not any authentic evidence showing that there was actually a real grant (Grant Letter) from Datuk Mhd. Tamin to Datu Kamal. The analysis of the Supreme Court Verdict Number 2064K/Pdt/2014 is that the Land Act (the Laws on Basic Regulations on Agrarian Principles) regulates that it is necessary to look into the process of receiving the grant, whether or not the transfer of the land ownership right or the grand has been in line with Chapter IV Article 210 of the Islamic Law Compilation.

Analisis Yuridis Wanprestasi Oleh Penjual Dalam Jual Beli Melalui Media Internet DHEA CYNARA TORONG
Jurnal Perspektif Hukum Vol 2 No 1 (2021): Juni 2021
Publisher : Universitas Harapan Medan

Agreement has become daily activity in trade. Online sale and purchase agreement is made on trust from one with another, so the agreement is made electronically using either email or other method; thus, there is not any document like in conventional sale and purchase transactions. The trading transactions in e-commerce system enables a seller to make transactions without having to directly meet (face to face) buyers/ consumers. Concerning the regulations on e-commerce, it uses the provisions in the third code and the provisions on e-commerce in the Civil Code with modification that e-commerce has special properties because it dominantly uses media and electronic devices. The research problems are whether the regulations on online sale and purchase transactions in the contract law in Indonesia have provided legal certainty to the contractual relationships between all parties involved in the transactions using internet media, how about the legal protection for any injured party due to default by sellers in the sale and purchase transaction using internet media, and how about the settlement to the consequences of default for all parties in the implementation of sale and purchase using internet media. This is an empirical juridical research. It is analytically descriptive which describes, explains and analyzes the problems, and find answers to the problems. This research employs library research and qualitative data analysis. It conducts interviews to collect data to the staff at Information Technology Department, in the Search & Business Analytic Division on blibli.com that have capacity as informants and information sources. The results demonstrate that e-commerce is principally done in the same way with conventional sale and purchase as regulated in Article 1320 of the Civil Code containing validating requirements of agreements based on the agreements between buyers and sellers or marketplace. The rights of buyers are guaranteed by sellers’ responsibility who defaults by indemnifying the costs such as: refund, return, or replacement. It is in line with the provisions stipulated in Article 1243 of the Civil Code; in which, when a seller defaults, the debtor shall pay for compensation. Any consequences due to default by seller in marketplace blibli.com is settled in accordance with the provisions stipulated in the trading contract of blibli.com as listed on the homepage of blibli.com. such as compensation in form of money or goods; the buyer, in demanding rights over default, has to comply with the provisions of blibli and provides evidence to blibli.com.

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Contact Name
Sugih Ayu Pratitis

Contact Email
fh.unhar@gmail.com

Phone
+6282164069846

Journal Mail Official
fh.unhar@gmail.com

Editorial Address
Jl. Imam Bonjol No 35 Medan

Location
Kota medan,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sugih Ayu Pratitis

Contact Email fh.unhar@gmail.com

Phone +6282164069846

Journal Mail Official fh.unhar@gmail.com

Editorial Address Jl. Imam Bonjol No 35 Medan

Location Kota medan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sugih Ayu Pratitis

Contact Email
fh.unhar@gmail.com

Phone
+6282164069846

Journal Mail Official
fh.unhar@gmail.com

Editorial Address
Jl. Imam Bonjol No 35 Medan

Location
Kota medan,

Sumatera utara

INDONESIA