Jurnal Hukum Adigama最新文献_第3页

PERTANGGUNGJAWABAN HUKUM TERHADAP KEDUDUKAN AKTA OTENTIK YANG DIBUAT SELAMA MASA CUTI (PUTUSAN NOMOR : 1/PTS/Mj.PWN.DKIJakarta/xi/2017) (裁决:1/PTS/Mj.PWN.DKIJakarta/xi/2017)

Jurnal Hukum Adigama Pub Date : 2019-07-27 DOI: 10.24912/adigama.v2i1.5277

Stefani Christanti Hamdani, Endang Pandamdari

{"title":"PERTANGGUNGJAWABAN HUKUM TERHADAP KEDUDUKAN AKTA OTENTIK YANG DIBUAT SELAMA MASA CUTI (PUTUSAN NOMOR : 1/PTS/Mj.PWN.DKIJakarta/xi/2017)","authors":"Stefani Christanti Hamdani, Endang Pandamdari","doi":"10.24912/adigama.v2i1.5277","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5277","url":null,"abstract":"Notary is a profession that is very required in the field of law. In these case, notary acts as a public official in providing a legal services to the society. Notary has a several function like establishment a company, making a deed, legalizing documents, waarmerking, and other services. But in a reality, there are many notaries still do not meet the applicable terms and conditions, “How Is The Notary’s Responsibility Towards Authentic Deed Position During The Leave” this is the main problem we will disscused in this report. The research method used is a descriptive normative research method, which is based on primary data and secondary data as other supporting data which are analyzed qualitatively. From the results of the study explained that that Drs. Andika, as the reporter, came to the reported office named Netty Maria Machdar with the intention to make a certificate of borrowing and guarantee with a certificate, but by Netty's mother a letter of authorization to sell was made which resulted in a loss. In the Letter Number 04 / Ket.Cuti-MPPN / II / 2015 said that it turned out that Notary Netty Maria Machdar was on leave after knowing the deeds and leave certificate. the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand. Which means the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115590687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Penyelesaian atas Sertipikat Tanah Ganda Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah (Studi Putusan: Putusan Mahkamah Agung Nomor 1537 K/PDT/2018) 根据1997年政府土地登记第24号法令(判决:最高法院判决1537 K/PDT/2018)

Jurnal Hukum Adigama Pub Date : 2019-07-27 DOI: 10.24912/adigama.v2i1.5280

Vanesia Hendrika Elvina, Hasni Hasni

{"title":"Penyelesaian atas Sertipikat Tanah Ganda Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah (Studi Putusan: Putusan Mahkamah Agung Nomor 1537 K/PDT/2018)","authors":"Vanesia Hendrika Elvina, Hasni Hasni","doi":"10.24912/adigama.v2i1.5280","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5280","url":null,"abstract":"The purpose of implementing land registration is to provide legal certainty and legal protection. The Agrarian Law that is used in Indonesia adheres to a negative system that is tied to a positive system. The land registration activity for the first time produced proof of rights, in the form of certificates as a means of proof of land rights. Certificate as a strong proof of rights means that physical data and juridical data in a certificate have the strength of evidence and must be accepted as true information, as long as it is not proven otherwise with other evidence in the form of certificates or other certificates. In Subari’s case, there was a double land certificate in the same plot of land. Subari has the ownership of land rights that is got from his parents and from purchasing with two buffaloes. But, there are other people who dominate the land that is belong to Subari and they also have the certificate to proof their ownership of the land rights. Settlement of multiple land certificates can be done through the Court, to obtain legal certainty that the certificate of ownership of land rights which has stronger evidence is based on evidence. The district court ruled that ownership of land rights belonged to Subari, and this decision was reinforced by high court and a Supreme Court.[F1] [F1]Paragarf single","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121161736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TINJAUAN TERHADAP KASUS PENCABULAN ANAK DIBAWAH UMUR (PEDOFILIA) SESAMA JENIS DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 JO UNDANG-UNDANG NOMOR 17 TAHUN 2016 (STUDI PUTUSAN 90/PID.SUS/2016/PN BMS) 2014年乔17年第35条2016款(判决90/PID研究)审查了同性猥亵儿童案件。鞋子PN / 2016 / BMS)

Jurnal Hukum Adigama Pub Date : 2019-07-27 DOI: 10.24912/ADIGAMA.V2I1.5278

Steven Artaxerxes, Mulati Mulati

{"title":"TINJAUAN TERHADAP KASUS PENCABULAN ANAK DIBAWAH UMUR (PEDOFILIA) SESAMA JENIS DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2014 JO UNDANG-UNDANG NOMOR 17 TAHUN 2016 (STUDI PUTUSAN 90/PID.SUS/2016/PN BMS)","authors":"Steven Artaxerxes, Mulati Mulati","doi":"10.24912/ADIGAMA.V2I1.5278","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5278","url":null,"abstract":"Children are humans who have physical and mental abilities that are considered weaker to overcome various risks and dangers they face and automatically still depend on other parties, especially family members, but until now mistreatment in sexual matters it still haunts children, especialy pedophiles. One of the cases that occurred was the case of same-sex child molestation carried out by men with the initials BM, against several underage boys, who because of his actions the Judge of the Banyumas District Court stipulated a criminal sentence of 17 (seventeen) years. But in this case, the verdict that was dropped was still far from the word maximum and did not have an impact on the perpetrator. So then, how is the implementation of criminal sanctions against same-sex pedophiles in the verdict 90 / Pid.Sus / 2016 / Pn. Bms according to regulations? The method used in this study is normative legal research. Based on research on several experts and research on related regulations, regarding the decision, it is actually quite good, but it is considered to be less than optimal considering that the pedophile has psychiatric disorders, so psychological rehabilitation is needed and punishment should be made worse so that there is no more other victims for similar cases. It is better, in the future, the judge in determining the decision can consider from all aspects, especially in terms of victims, and psychological aspects of the perpetrators, so that in the future cases of child molestation can be reduced in number.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114230715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PENERAPAN PASAL 281 KUHP TENTANG TINDAK PIDANA ASUSILA YANG DILAKUKAN OLEH MILITER. (STUDI KASUS PUTUSAN PENGADILAN MILITER NOMOR 127-K/PM.II-09/AD/VIII/2017) 应用第281条关于军队性侵犯罪的刑法。(军事法庭裁决编号127-K/PM / i -09/AD/VIII/2017)

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/adigama.v2i1.5268

Rifki Yuditya Saputra, Sugandi Ishak

{"title":"PENERAPAN PASAL 281 KUHP TENTANG TINDAK PIDANA ASUSILA YANG DILAKUKAN OLEH MILITER. (STUDI KASUS PUTUSAN PENGADILAN MILITER NOMOR 127-K/PM.II-09/AD/VIII/2017)","authors":"Rifki Yuditya Saputra, Sugandi Ishak","doi":"10.24912/adigama.v2i1.5268","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5268","url":null,"abstract":"Decency crimes are interpreted as an act that violates courtesy, politeness, order, customs which can result in the creator being convicted. A Military who commits a crime other than being enforced by the Criminal Procedure Code also applies the KUHP because the KUHPM is a specialist lex from the KUHP. The moin prblem in this research is How is the application of Article 281 of the KUHP with the principle of Lex Specialis Generali Deregate about decency crimes committed by the Military ?, Can criminal penalties be applied to members of the military who commit decency crimes ?. Type of normative juridical law research. Basically the Criminal Procedure Code is a legal provision that regulates a military about which actions constitute a violation or crime or is a prohibition or necessity and is given a threat in the form of criminal sanctions against violators. The imposition of punishment for the military that commits a crime is the existence of an additional criminal which is military in nature. And in that case whether criminal offenses can be applied to members of the military who commit decency acts. The reasons for the existence of the KUHPM are lex specialis of the KUHP even though in the KUHP as stipulated in Article 52 concerning the weighting of criminal threats, the criminal threat stipulated in the KUHP is still felt to not fulfill a sense of justice for TNI members. Therefore, it needs to be regulated in the KUHPM specifically to regulate specific matters.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129416179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016)

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/adigama.v2i1.5275

Sherry Renata, Hanafi Tanawijaya

{"title":"PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016)","authors":"Sherry Renata, Hanafi Tanawijaya","doi":"10.24912/adigama.v2i1.5275","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5275","url":null,"abstract":"The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125150007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ANALISIS DASAR PERTIMBANGAN HAKIM DALAM PENGAJUAN TUNTUTAN KEKURANGAN PEMBAYARAN UPAH MINIMUM PEKERJA (STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 195/Pdt.Sus-PHI/2016/PN.Bdg JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 885K/Pdt.Sus-PHI/2017) 工业部最低工资支付量表(工业级关系法庭判例195/Pdt - phi /2016/PN)。最高法院判决885K/Pdt.Sus-PHI/2017)

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/adigama.v2i1.5270

Sandra Angélica, Andari Yurikosari

{"title":"ANALISIS DASAR PERTIMBANGAN HAKIM DALAM PENGAJUAN TUNTUTAN KEKURANGAN PEMBAYARAN UPAH MINIMUM PEKERJA (STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 195/Pdt.Sus-PHI/2016/PN.Bdg JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 885K/Pdt.Sus-PHI/2017)","authors":"Sandra Angélica, Andari Yurikosari","doi":"10.24912/adigama.v2i1.5270","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5270","url":null,"abstract":"The demand for the minimum payment of the minimum wage has an expiration date, which is 2 years. The expiration date has been revoked with the Decision of the Constitutional Court Number 100/PUU-X/2012. In the Decision of the Industrial Relations Court Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017, the judge refused to grant the claim the minimum wage payment. Based on the verdict, what will be discussed in this paper are how the judges basis for filing a claim lacks payment of workers' minimum wages and how the legal consequences from the judge's consideration in filing a claim lack the minimum wage payment in the Industrial Relations Court Decision Number 195/Pdt.Sus-PHI/2016/PN.Bdg juncto Decision of the Supreme Court Number 885K/Pdt.Sus-PHI/2017. The research method used is normative legal research. Based on the research that has been done, the judge mistakenly interpreted the enactment of the Constitutional Court Decision Number 100/PUU-X/2012 so the judge refused to grant the claim for the lack of minimum wage payments submitted by the plaintiffs. The judge's judgment stated that the Constitutional Court Decision Number 100/PUU-X/2012 did not apply retroactively so that the normative rights expiration provisions last took effect on September 18, 2013. Even though the claim should have been partially granted by the judge because the employer proved to pay workers' wages under the minimum wage provisions applicable, namely for payment of wages in 2013. In addition, the plaintiffs also submitted the claim after the issuance of the Constitutional Court Decision Number 100/PUU-X/2012.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123081977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018) 权威馆长PKPU失败后让和平协议的有效性和债务人宣布破产(测试用例:2018 PK哈特利牧师/ 486号判决。)

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/adigama.v2i1.5273

Serlin Vanessa, F. X. S. Margono

{"title":"KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018)","authors":"Serlin Vanessa, F. X. S. Margono","doi":"10.24912/adigama.v2i1.5273","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5273","url":null,"abstract":"Debt is something that is common in the business world. This loan must be approved in accordance with the period agreed upon by the parties. Loans given by Creditors to Debtors are carried out with approval.If within a predetermined time limit, the Debtor has not been able to repay the loan, the Debtor may request approval for Delaying Obligations of Debt Payment or PKPU. However, in this study, PKPU failed to do PT. Dewata Royal International was immediately bankrupt. After the bankruptcy was read out by the Court, Curator was appointed, Swandy Halim. Swandy Halim in carrying out his duties as a Curator has made a Peace Agreement with Rustandi Jusuf as the Managing Director of PT. Dewata Royal International. In UUK, PKPU approved the Curator's task was to bankrupt and not make a Peace Agreement, especially with the Bankrupt Debtor, because it was the Debtor with his Kreditors who made the Peace Agreement.The research method used by the author is normative legal research that focuses on the use of secondary data using descriptive analytical specifications. Then, the analysis of the data used by the author is qualitative research.In this study, conclusions were obtained about the Curator being able to make a Peace Agreement with a bankrupt Debtor as long as the above mentioned Peace Agreement is from bankrupt assets so as not to cause a loss to the bankrupt property. then, the Peace Agreement made by Curator Swandy Halim was then approved legally.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127386882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TANGGUNG JAWAB AGEN DISTRIBUTOR ATAS PEREDARAN OBAT KUAT IMPORT TANPA IZIN EDAR DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN 分销商在没有消费者保护法明确许可的情况下，对进口强药物的分销负有责任

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/ADIGAMA.V2I1.5272

Septyani Roby Hartanty, Susanti Adi Nugroho

{"title":"TANGGUNG JAWAB AGEN DISTRIBUTOR ATAS PEREDARAN OBAT KUAT IMPORT TANPA IZIN EDAR DITINJAU DARI UNDANG-UNDANG PERLINDUNGAN KONSUMEN","authors":"Septyani Roby Hartanty, Susanti Adi Nugroho","doi":"10.24912/ADIGAMA.V2I1.5272","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5272","url":null,"abstract":"Law Number 8 of 1999 about Consumer Protection on this matter covers consumer rights and business responsibilities. This study discusses the responsibility for efforts made to fulfill customer rights for information and benefits of imported drugs without marketing permits and also related to licensing regarding permits for consumers who need funds for imported drugs. Legal protection for consumers of illegal drugs carried out by the government through the Food and Drug Supervisory Agency (BPOM). With the presence of BPOM, the government has supervised. Employers are responsible for the makers of goods because they carry out imported goods or official importers. Therefore, businesses that represent individuals must be responsible for losses that arise only as importers not as producers of these goods. Therefore, the legal basis that can be requested by consumers as a form of accountability proposed for drug business assistance is court punishment as regulated by article 62 paragraph 1 of the UUPK. This study gives an appeal to the public to be more careful in taking medicines should be on the advice of a doctor or pharmacist and should not be tempted easily by the promotions offered because drugs containing BKO can be used.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124003311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

ANALISIS PUTUSAN KEPAILITAN MAHKAMAH AGUNG NOMOR 769 K/PDT.SUS-PAILIT/2016 MENGENAI PEMBERESAN HARTA PAILIT (BOEDEL PAILIT)

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/adigama.v2i1.5271

Selly Virginia, F. X. S. Margono

{"title":"ANALISIS PUTUSAN KEPAILITAN MAHKAMAH AGUNG NOMOR 769 K/PDT.SUS-PAILIT/2016 MENGENAI PEMBERESAN HARTA PAILIT (BOEDEL PAILIT)","authors":"Selly Virginia, F. X. S. Margono","doi":"10.24912/adigama.v2i1.5271","DOIUrl":"https://doi.org/10.24912/adigama.v2i1.5271","url":null,"abstract":"The progress of the economy in Indonesia is currently experiencing very rapid development, giving rise to very tight competition between business actors. In the business world the need for funds is a basic necessity that must be met by businesses to maintain and support the continuity of their business activities, so that to overcome the problem of capital needs, loan capital in the form of accounts payable is a solution that is often taken by businesses. Of course business people need funds or capital to strengthen their position in the economic sphere and intense competition in this era of globalization. Funds or capital needed by business people to run their businesses are obtained from debt facilities (loans or loans) obtained through individuals or financial institutions, which are used to increase their business capital both in the form of short-term, medium-term and long-term debt. This paper identifies one problem, namely whether someone / person is not declared bankrupt can be made bankrupt? (Case Study of Decision of the Supreme Court Number 769 K / Pdt.Sus-Pailit / 2016). The method used in this study is a type of analytical descriptive legal research and uses primary and secondary legal materials. The results of the study show that the property of a person or person referred to herein is the property of the Director (along with 2 partners) who at the beginning had made an agreement in order to make the asset in the name of The Hwie Gwan a guarantee by both parties.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128662430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PERLINDUNGAN HUKUM BAGI PEMBELI RUMAH UMUM DARI PERBUATAN WANPRESTASI OLEH DEVELOPER/PENGEMBANG SESUAI DENGAN UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN 根据1999年第8条关于消费者保护的规定，开发人员/开发者对公共住房的购买者行为的法律保护

Jurnal Hukum Adigama Pub Date : 2019-07-26 DOI: 10.24912/ADIGAMA.V2I1.5267

Rani Shafira, J. N. Saly

{"title":"PERLINDUNGAN HUKUM BAGI PEMBELI RUMAH UMUM DARI PERBUATAN WANPRESTASI OLEH DEVELOPER/PENGEMBANG SESUAI DENGAN UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN","authors":"Rani Shafira, J. N. Saly","doi":"10.24912/ADIGAMA.V2I1.5267","DOIUrl":"https://doi.org/10.24912/ADIGAMA.V2I1.5267","url":null,"abstract":"Housing or complex is a collection of houses as part of settlements, both urban and rural, equipped with infrastructure, facilities and public utilities as a result of efforts to fulfill livable houses. Nowadays housing development often happens and developers have begun to promote the building before the building was completed. Then after consumers do PPJB with the developer. But the problem that often arises is that developers have bad intentions with various things to the detriment of consumers. In this case the developer had a bad intention by guaranteeing violet garden consumer ownership certificates to Maybank to obtain a loan of funds which resulted in a loss for consumers. The problem that the author raises how is the responsibility of the developer who defaults on general home buyers according to UUPK? What is the legal protection for general home buyers from defaults carried out by developers according to UUPK? What are the obstacles and efforts of the government in implementing the UUPK against the default problems that the developer has made? The author examines this case with normative research methods. The results of the analysis obtained by the author state that the developer has defaulted on the consumer, the developer cannot be held responsible for his mistakes, the developer has violated his obligations as a business actor and the developer does not fulfill the consumer rights set out in the UUPK. Based on this case, the UUPK should be revised and consumers must be more careful in making home purchases.","PeriodicalId":206816,"journal":{"name":"Jurnal Hukum Adigama","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134051049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3