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GUGURNYA PERJANJIAN JUAL BELI AKIBAT KELALAIAN SALAH SATU PIHAK Soekarno Soekarno
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTAgreement in general, the sale and purchase agreement is one source of the birth of an agreement between the parties that bind them as befits the binding capacity of the law (article 1338 paragraph 1 of the Civil Code). Therefore, all rights and obligations arising from the agreement must be fulfilled by both the seller and the buyer. It's just that sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the achievement that has been promised so that according to the law he is deemed to have deviated from the agreement which will result in a risk that results in doubts from the other party. That is why the law stipulates various sanctions that can be imposed on parties who have defaulted. However, sometimes problems arise or difficulties in determining when actually one of the parties can be seen as the default. This difficulty will be felt if the agreement is not explicitly stipulated when the parties must fulfill the promised performance. Based on the aforementioned background, the writer is interested in expressing the cancellation of the sale agreement due to the negligence of one of the parties, then the writer formulates the problem as follows: 1). What are the conditions for the termination of the sale agreement due to the negligence of one of the parties? 2) What is the legal risk from the termination of the sale and purchase agreement due to negligence of one of the parties according to the Civil Code? It can be concluded as follows: 1). That the sale and purchase agreement has been deemed to have taken place and is binding on the parties from the moment the agreement was reached and hence the rights and obligations arising from them for agreements in this form constitute a consensual and obligatory agreement. That an agreement can be seen as binding, if it fulfills the legal requirements of an agreement, namely subjective and objective conditions, then the sale and purchase agreement is null and void, meaning that it is considered to never exist. 2). What if one of the parties does not fulfill or deviate from the agreement or the sale and purchase agreement that is entered into, then legally it is deemed to have been negligent or he is treason (default) then it will be subject to these sanctions. Whereas sometimes in practice a sale and purchase agreement cannot be fulfilled by the debtor due to an event of the wrongdoing of one party, this condition is known as risk, according to the provisions of article 1460 of the Civil Code. If a risk arises, the risk is borne by the buyer even though the seller has not yet surrendered the goods. Keywords: Agreement, Buy and Sell, Negligence

PENYELESAIAN TERHADAP EKSEKUSI TANAH YANG DIJADIKAN JAMINAN KREDIT DI PERSEROAN TERBATAS PERMODALAN NASIONAL MADANI UNIT LAYANAN MODAL MIKRO (PT PNM ULaMM) SAMARINDA AKIBAT KREDIT MACET Wahyuni Puspita Sari
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The land is a guarantee that is often used in credit agreements. For the debtors, using the land as collateral will provide ease in getting credit at the Bank. As for creditors, land as collateral also benefits them, because if the debtor does not make his achievements, the creditor can execute the land. But it’s worth looking at how the procedures in the excution of the land are. Are those procedures consistent with the existing laws?In this study, the writer used a normative research method with a literature study. And to complete this study the author also had a few interviews. The approach to laws and regulations associated with it.The result of this study shows that there are some factors causing the crash of credit. One of the factors leading to the crash of credit is the absence of good faith from debtors. Completion of land execution at PT PNM ULaMM Segiri Samarinda Unit is carried out by selling collateral land under the hand and selling collateral land through auction. And the process of completing land execution at PT PNM UlaMM is in accordance with the applicable legislation.Keywords: Land Execution, Credit Guarantee, and Crash Credit.

UPAYA HUKUM DAN PENYELESAIAN WANPRESTASI SERTA OVERMACHT DALAM PERJANJIAN LEASING Rudi Prasetiya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT The contents of the operating lease agreement with regard to the announcement of the Directorate General of Monetary No. PENG-307 / DJM / III.1 / 7/1974 concerning Guidelines for the Implementation of Leasing Regulations are: Provisions regarding the object of the agreement; Duration of the agreement; Rental price; Method and place of payment; Rights and obligations of the parties; Delivery (delivery date and delivery limit); End of agreementConstraints faced in lease contracts include, among others, the regulations regarding leasing provisions in Indonesia are still underestimated, that Indonesia still has not specifically regulated the law concerning leasing, technical constraints are that the lessor requires experts who are in their respective fields and who have special control. issues related to the lease agreement. After the lessor experiences the above problems, the lessee itself usually faces obstacles in the form of pressure that large funds must be provided to supply capital goods to the lessor. So like it or not, the lessee has agreed to the agreement they made and the terms that have been included by the lessor even though the lessee is reluctant to agree to these terms because in this case, the lessor is fully responsible for all risks and constraints in the lease agreement.Legal remedies and settlement of defaults and overmatches include: In the event of default in the form of late payment of rent, the lessor has the right to pay a penalty for the late payment of the amount specified in the agreement However, in practice, the lessor will give a warning either verbally (by telephone) or by letter to the lessee. The lessor also still provides a grace period for the lessee to settle the arrears of rent to the lessor and in the event of a late payment made less than three days from the due date, the lessee is not subject to penalty; In the case of default in the form of pawning of capital goods and transfer of the right to lease capital goods to a third party, the lessor immediately takes the following actions: a day after it is discovered that the collateral is being pawned, the lessor immediately sends its informant team to withdraw the capital goods based on the power of attorney issued. made by the parties at the same time as the signing of the lease agreement between brands; In the case of the lessee who is accused of negligence and is asked to give him a sanction for his negligence, he can defend himself by submitting a reason to free himself from the sanction. The reason for the lessee to free itself from sanctions for negligence, one of which is by filing a demand for an overmatch. Keywords: Default, Leasing

PERJANJIAN PRA NIKAH DALAM PRESPEKTIF HUKUM ISLAM Elin Siswanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractMarriage is a spiritual bond between man and woman as husband and wife to form a happy and eternal family based on the Godhead of the Almighty. Premarital agreements as regulated in Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law Inpres Number 1 of 1991 can be used as a legal tool to protect the rights and obligations of husband and wife when married life takes place. This study examines the existence of a prenuptial agreement according to Islamic law, the terms and procedures of a prenuptial agreement according to Islamic law, and the legal consequences arising from a prenuptial agreement according to Islamic law. This type of research used in this paper is a type of normative legal research using the law approach (statute approach). The results of research and discussion determining the existence of pre-marital agreements in Islamic law are permissible. The existence of a prenuptial agreement is expected to assist husband and wife in increasing their understanding and awareness of their obligations and rights. The requirement to implement a prenuptial agreement in Islamic law is that the substance must not violate applicable legal and religious provisions. The procedure for implementing prenuptial agreements under Islamic Law is carried out in the Office of Religious Affairs in each region. The legal consequences arising from the prenuptial agreement according to Islamic law, namely the parties involved are bound and obliged to carry out the agreement.Keywords: Marriage agreement, Islamic law

PEMBELAAN DIRI DALAM PERKARA PIDANA DITINJAU BERDASARKAN PASAL 49 KUHP Fatma Fauzia
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractEvery person who commits a criminal offense and is threatened with a criminal offense by law because of a forced defense (noodwere) caused by an attack or a threat of a very close attack at that time that is against the law is not in the criminal offense. And every person who makes a forced defense that exceeds the limit (noodwere exces) which is directly caused by the shock of the soul because of an attack or threat of the attack, is not convicted. Regarding the defense carried out by someone in a situation which is very compelling so that it can become a reason for criminal offense as described above, it is regulated in Article 49 of the Criminal Code. As in Article 49 Paragraph (1) concerning forced defense, to find out whether an act is a defense or vice versa, it is not explained how to make a permissible defense. Likewise Article 49 Paragraph (2) concerning forced defenses that exceed the limits does not explain the exceeding allowed limits. The problem raised in this paper is how to apply the rules of self-defense in criminal cases in Article 49 paragraph (1) and paragraph (2) of the Criminal Code. This type of research used is normative legal research, namely library research with the problem approach used in writing this thesis is the statute approach. The results showed that the application of self-defense rules was appropriate, because it was in accordance with the elements of the conditions in making a forced defense or forced defense that exceeds the limit

PERLINDUNGAN HUKUM TERHADAP HAK WARIS ANAK PADA PERKAWINAN DIBAWAH TANGAN Sartika Rahman
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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AbstractThe Indonesian people recognize the term underhanded marriage as a legal marriage in Islamic law but are not stated in the KUA (Office of Religious Affairs), so the validity of the marriage is not recognized by the state. One of the negative effects caused by marriage under the hands is the absence of binding legal power over the marriage, the State considers that the marriage under the hand never existed, because there was no evidence in the form of a marriage certificate. Underage marriage can also cause problems regarding the inheritance of children.The type of research used in this paper is the type of normative juridical research with a Statute Approach and Conceptual Approach.The results of the study showed that children born of marriage under the hand were basically legitimate children. This is based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The inheritance rights of children born into marriages under the hand have been settled through the Decision of the Constitutional Court of the Republic of Indonesia Number 46 / PUUVIII / 2010. Before the decision of the Constitutional Court, a child born from marriage under the hand can get an inheritance if both parents carry out a marriage certificate or if their father gives a will to the childKeywords: Inheritance of children, marriage

PROBLEMATIKA TUMPANG TINDIH SERTIFIKAT KEPEMILIKAN TANAH DI KABUPATEN KUTAI KARTANEGARA BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA Faizal Faizal
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe legal certainty of land rights is sometimes not guaranteed as expected. Practice in the field is not uncommon for the circulation of fake certificates, genuine certificates but fake or overlapping certificates in the community so that land rights holders need to find information about the truth of physical and juridical data on certain parcels of land at the local Land Office. In general, new problems arise and it is known that the issuance of certificates of land overlaps, when the holder of the certificate concerned will carry out a legal action on the intended parcels of land.The type of research the author uses is Normative legal research. Normative Legal Research (normative juridical) is a legal research method carried out by examining mere library materials or secondary data.The results of the study stated that the factors causing the issuance of overlapping ownership certificates / overlapping in Kutai Kartanegara Regency based on Law Number 5 of 1960 Regarding Local Regulation on Agrarian Principles is the Error of the land owner himself who does not pay attention to his land and does not use it so well that it is taken over by another person. When measuring or researching in the field, the applicant intentionally or unintentionally shows the location of the land and the wrong land boundary, as well as the intentions of the land owner to re-register the certificate that actually already exists by utilizing the weaknesses of the institution National Land Agency. Efforts of the Land Office of Kutai Kartanegara Regency in resolving land disputes over the issuance of overlapping ownership certificates / overlapping in Kutai Kartanegara Regency based on Law Number 5 of 1960 Concerning Local Agrarian Regulations with deliberations or mediation conducted outside the court with or without mediators . If the settlement is also not reached, then you are welcome to file a lawsuit through the State Administrative Court.Keywords: Multiple, Dispute, Land

TANGGUNG JAWAB AHLI WARIS TERHADAP DEBITUR YANG MENINGGAL DAN DINYATAKAN PAILIT DITINJAU DARI UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Amanda Atika Yuliani Puteri
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 1 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT One of the criteria for implementing agreements made by creditors and debtors is guarantees because this guarantee can give confidence to creditors that the debtor will repay the loan. But in general, what happens in the business world, debts and receivables between creditors and debtors do not always run smoothly as promised. The debtor who should have fulfilled the obligation to pay his debt or performance, because of something unable to fulfill the obligations or achievements that should have been received by the creditor from the debtor, then the right step to solve it is through bankruptcy legal instrument, containing a rule that can regulate the relationship of the parties. and also regarding rights and obligations. This type of research is normative juridical research, library research with the problem approach used in the writing of this thesis is a statute approach.The results showed that the responsibility of the heirs to the debtor who died and was declared bankrupt, the heirs could choose one of 3 (three) attitudes, namely: accept as a whole, be inclusive of the heir's debt, accept on condition, the inheritance is received in detail, while the debt is the heir will be paid based on the property received by the heir, and refuse the heir does not want to know about the settlement of the inheritance. Protection of property belonging to an heir of a debtor who has died and is declared bankrupt, namely the bankrupt debtor who still has control and management rights over several items as stipulated in article 22 in conjunction with article 21 of the Bankruptcy and Suspension of Debt Payment Obligations, which excludes or separates the debtor's personal assets that are not related to the bankruptcy.Keywords: Bankruptcy, Inheritance and Legal Protection

TANGGUNG JAWAB PEMERINTAH KOTA SAMARINDA AKIBAT KERUSAKAN JALAN YANG MENYEBABKAN KECELAKAAN KENDARAAN BERMOTOR DITINJAU BERDASARKAN UNDANG – UNDANG NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Nadia Ditasya
Journal of Law ( Jurnal Ilmu Hukum ) Vol 7, No 2 (2021)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTTraffic accidents that occur on the road in general are always associated with errors and negligence by road riders. When in fact there are still many traffic accidents that occur due to damaged roads. The responsibility of road operators by the Government especially for road facilities is not only as if for public services but is a responsibility that was born from the Act and if not implemented can have serious legal consequences. The Government and the Regional Government in question are for the government in the administration of public roads and National roads carried out by the Minister while for the regional governments in the administration of provincial roads carried out by the Governor. So that we all know our rights and obligations are on the highway and know who is responsible for the highways that we often pass and we have financed the funds according to the taxes we pay. The road operator must immediately and properly repair damaged roads that can result in traffic accidents. The responsibility of the government as the operator of the road has a legal basis that is under the umbrella of Law Number 22 Year 2009 concerning Road Traffic and Transportation. The method used in this study uses a normative juridical approach that refers to the applicable laws and regulations. In this case, the government is obliged to provide and improve the regulation of traffic facilities and infrastructure, provide the allocation of funds for the prevention and handling of traffic accidents as well as the obligation to carry out routine and or routine maintenance activities on roads and make efforts in preventing motor vehicle accidents due to damage roads by marking or signs and lighting to indicate the location of damaged / perforated roads.Keywords: Government Responsibility, Road Damage, Motor Vehicle Accidents

TINDAK PIDANA INTIMIDASI DI INTERNET (CYBERBULLYING) SEBAGAI KEJAHATAN MAYANTARA (CYBERCRIME) Rachma Rizkyani
Journal of Law ( Jurnal Ilmu Hukum ) Vol 6, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT Based on freedom of opinion, Indonesian people often misinterpret this freedom. One of irregularity in freedom of opinion is to commit insult through electronic means called cyberbullying. Phenomenon of cyberbullying in other countries has been taken seriously, and there are legal arrangements. From this background there are two main problems, how to regulate positive criminal law regarding cyberbullying as a form of cybercrime in Indonesia and how to implement cyberbullying crimes under the ITE law. This study uses a qualitative-descriptive method through a normative juridical approach. Data collection techniques is a literature study. Data sources used are a secondary data and primary data. The focus of this research is limited to the legal regulation of cyberbullying in Indonesia and implementation under the ITE law. The results of this study and discussion are that Indonesia has a legal regulation for cyberbullying, With using Law Number 11 of 2008 concerning Information and Electronic Transactions. It can be concluded that legal arrangements can be enshrined cyberbullying with using Article 27 paragraph (3) and (4), Article 28 and Article 29 of Law Number 11 of 2008 about Information and Electronic Transactions. Implementation in Law No. 11 of 2008 concerning ITE has been implemented but there are still many obstacles.ITE Law also regulates procedural law related to investigations carried out by law enforcement officers (police and prosecutors) that provide a new paradigm for law enforcement efforts in order to minimize the potential law for enforcement officers so that it is very useful in providing legal assurance and certainty. Even though the law that regulates cyber crime has been born, in general it has not been able to limit every society's behavior in using the benefits of cyberspace. Cybercrime law inevitably must keep abreast of cybercrime steps one step behind. Keywords: threats / intimidation on the internet is a crime Mayantara.

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