PENA LAW: International Journal of Law最新文献

{"title":"RESCUE OF COLLATERAL OBJECTS OWNED THIRD PARTIES DUE TO BREACH OF DEBTORS WITH SUBROGATION AS LEGAL REMEDIES IN SHIP CASES ABOVE 20 m3","authors":"S. Syahril, Hamler","doi":"10.56107/penalaw.v2i1.114","DOIUrl":"https://doi.org/10.56107/penalaw.v2i1.114","url":null,"abstract":"Payments can also have limited consequences in the sense that these payments only result in the role of the Creditor being replaced by another Creditor and the Debtor will be faced with a new Creditor who has the right to request payment from the Debtor or what is known as Subrogation and in this study occurs in the case of ships over 20 m2 as  a Hipotek . Ships can meet the criteria or requirements to become collateral for credit settlement in the form of a Hipotek. Ships As Collateral for Repayment of Credit where the Hipotek is a material right to immovable objects. Ships can be divided into two, namely those weighing above 20 m 3 and below 20 m 3 . This paper aims to find out which ships can be charged with a Hipotek, so that they can be used as collateral for credit repayment. The method used is normative legal research, namely an approach by studying the applicable laws and regulations. The conclusion of this paper is that a Hipotek is a form of credit repayment guarantee, which is regulated in Burgelik Wetboek . Hipotek can be applied to objects in the form of ships. Ships As Guarantees for Repayment of Credit where the Hipotek is a material right to immovable objects which in this study uses subrogation as a legal remedy used.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125689533","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}

{"title":"The Existence of Complaint Offense Delict and Common Delict in Normative and Empirical Perspectives","authors":"Ferry Asril","doi":"10.56107/penalaw.v2i1.124","DOIUrl":"https://doi.org/10.56107/penalaw.v2i1.124","url":null,"abstract":"Regulations regarding complaint offense delict and common delict in substantive criminal law in Indonesia are dependent on the type of delict. There are two types of delicts in relation to case processing, namely complaint offense delict and common delict. In common delict, the case can be processed without the consent of the victim. On the other hand, complaint offense delict is divided into absolute complaint offense delict and relative complaint offense delict. To determine whether a delict falls under complaint offense or common delict, it can be determined by reading the article or chapter in the Indonesian Criminal Code (KUHP) where the criminal act is stated. If the article or chapter does not state that it is a complaint offense, then it is considered a common delict, which must be prosecuted ex officio (without a complaint). Complaint offense delicts can result in undisclosed crimes, such as in Article 369 of the Criminal Code. Therefore, if the complaint offense delict in that article is treated as a common delict (not a complaint offense), the person who holds the secret may suffer further losses because their secret will be exposed. The victim must choose whether to file a complaint, risking the disclosure of their secret, or not. Therefore, this delict remains mostly hidden as a hidden crime. Another example is the potential disruption of someone's civil interests if a complaint offense, especially in cases of adultery, is treated as a common delict.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115674073","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}

{"title":"CESSIE'S JURIDICAL ANALYSIS IN SETTING HOME OWNERSHIP NON-PERFORMANCE LOANS AS A BANK GUARANTEE VIEWED FROM LEGAL POLITICAL ASPECT","authors":"Yulfasni Yulfasni, Hamler Hamler","doi":"10.56107/penalaw.v2i1.91","DOIUrl":"https://doi.org/10.56107/penalaw.v2i1.91","url":null,"abstract":"Politics of banking law (banking law) as the activity of choosing and the method to be used to achieve a particular goal and law, or a legal policy to be applied or carried out includes the consistent implementation of existing legal provisions, the process of updating and making law, which leads to a critical attitude towards law with an ius constitutum dimension and creates a law with an ius constituendum dimension, and the importance of affirming the function of institutions and the development of law enforcers. The problems are 1. How is the cessie in resolving bad loans on housing ownership as bank guarantees from a political and legal perspective? 2. What is the legal power of the auction as a result of creditor guarantee cessie seen from the legal political aspect? and provide answers to these problems. The method used is a type of normative legal research (doctrinaire) with data used secondary data, in the form of primary, secondary and tertiary legal materials. With the conclusion that in the settlement of bad credit, one method can be used with cessie, namely the transfer of rights over intangible goods receivables on behalf of third parties, carried out by selling receivables on behalf of an authentic deed or private deed. And in providing legal protection to cessionaris, they can use retro cessie, which is a means for cessionists whose receivables are not paid by cessus to sue the cedent to ask for the money back.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124543363","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}

{"title":"TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr)","authors":"Hamler Hamler, Yulia Mirwati Yulia Mirwati, Yulfasni Yulfasni, Zefrizal Nurdin Zefrizal Nurdin","doi":"10.56107/penalaw.v2i1.93","DOIUrl":"https://doi.org/10.56107/penalaw.v2i1.93","url":null,"abstract":"Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128721478","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}

{"title":"THE URGENCY OF JURISPRUDENCE IN ACTUALIZATION ISLAMIC LAW","authors":"Juswandi","doi":"10.56107/penalaw.v1i3.86","DOIUrl":"https://doi.org/10.56107/penalaw.v1i3.86","url":null,"abstract":"Human life that continues to develop in accordance with its human nature, makes many new cases appear without any legal provisions in both the Quran and hadith. The evolving dynamics of society are not in line with the static legal text. Based on these conditions, it is necessary to re-actualize Islamic law. Another problem that comes to the fore is that to re-actualize there must still be a mechanism or formula in finding the new law. The rules of jurisprudence apparently provide concrete solutions to the need for a method or method of finding the law (istinbath al-ahkam). With the rules of jurisprudence, it is hoped that contemporary problems can be found as an application to the reactualization of Islamic law.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114394018","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}

{"title":"IMPLEMENTATION OF ARTICLE 201 PARAGRAPH (11) OF THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2020 (STUDY OF PENJABAT MAYOR OF PEKANBARU)","authors":"Afrinaldy Rustam, Sabarno Dwirianto","doi":"10.56107/penalaw.v1i3.76","DOIUrl":"https://doi.org/10.56107/penalaw.v1i3.76","url":null,"abstract":"This research wasbased on the occurrence of a public pegantian penjabat event in Kota Pekanbaru Riau Province. The change was made for a period of two years to fill the vacancy in the position of Mayor of Pekanbaru. This type of research is normative legal research. The data collection method used in this study is by conducting a literature study related to the object of this study. Data analysis in this study was carried out systematically based on research problems that were described qualitatively.  The results in this study show that the change of Mayor of Pekanbaru must be in accordance with the established legal umbrella. Whoever the person is, the acting Mayor of Pekanbaru must put the interests of the general public first. Then, the public official fulfills the rank and position and must be proposed by the governor as a higher official. The results obtained turned out that the acting Mayor of Pekanbaru was the choice of the Ministry of Home Affairs based on the results of the proposal of the confidant of the Minister of Home Affairs who came from a social organization. It is unfortunate because it will be questioned about the credibility, professionalism, and accessibility of the sworn officials. Therefore, the acting Mayor of Pekanbaru is inseparable from political interests where these political interests are inseparable from the fight between the elite in the capital of Riau Province and the elite in the National Capital, Jakarta.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114854937","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}

{"title":"RIGHTS OF BANKRUPT DEBTORS IN THE MANAGEMENT AND SETTLEMENT PROCESS IN ACCORDANCE WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND PKPU","authors":"Muhammad Nurrohim, Zetria Erma","doi":"10.56107/penalaw.v1i3.78","DOIUrl":"https://doi.org/10.56107/penalaw.v1i3.78","url":null,"abstract":"The debtor's rights in the process of settling bankruptcy assets are very weak, where the debtor will lose his rights to control and manage his assets which are included in bankruptcy assets as stipulated in Article 24 Paragraph (1) of the Bankruptcy Law. However, in the event that the debtor is declared bankrupt, the law gives the debtor the right to submit a reconciliation plan, submit a postponement of debt payment obligations and submit an appeal and review, all of which are efforts to protect the rights of the debtor. In the process of settling bankruptcy assets, the legal protection for debtors' rights is quite weak. Because since the pronouncement of the bankruptcy declaration decision by the court, the debtor will lose the right to manage his assets which are included as bankruptcy assets. As a result, the debtor is no longer able to legally act on his assets that are included in the bankruptcy estate, in this case the management of bankruptcy assets becomes the authority of the curator and/or BHP.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125572521","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}

{"title":"POLITICAL STUDIES OF REGIONAL AUTONOMY LAW IN TERMS OF THE IMPLEMENTATION OF THE POLITICAL PROMISES OF THE LEADER ELECTED IN RIAU PROVINCE","authors":"Afrinaldy Rustam, Sabarno Dwirianto","doi":"10.56107/penalaw.v1i3.74","DOIUrl":"https://doi.org/10.56107/penalaw.v1i3.74","url":null,"abstract":"The promise of polithic became a very important indicator for influencing voters. This study seeks to describe and analyze the political policies of the implementation and performance of the Governor of  Riau, Syamsuar, after becoming the regional head of Riau Province. The purpose of this study was to analyze the political relevance of Syamsuar to political  promises  in Riau Province during his reign. This type of research is normative legal research. The data collection method used in this study is by conducting a literature study related to the object of this study. Data analysis in this study was carried out systematically based on research problems that were described qualitatively.  The main theories used in this study are Public Policy and Power. The results of this study show that the political promises  of Syamsuar have been implemented as a whole.  However, there are some political promises that have not been realized according to people's expectations, especially in the field of infrastructure because  they are developing slowly. This is due to the lack of development budgets and the problem of inefficiency in bureaucratic performance. \u0000 ","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129509510","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}

{"title":"UNDERLYING INTERESTS OF ENACTMENT REGIONAL AUTONOMY","authors":"Wismar Harianto","doi":"10.56107/penalaw.v1i2.42","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.42","url":null,"abstract":"The process of implementing regional autonomy involves various institutions such as the Regional Government, the Central Government, the House of Representatives of the Republic of Indonesia, the Regional Representative Council of the Republic of Indonesia, and the Regional Autonomy Advisory Council. If in the process of implementing regional autonomy, it is known that the Region or several Regions are unable to organize Regional Autonomy, then a Regional Merger is carried out based on the agreement of the region concerned or the results of an evaluation from the Central Government.","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123069845","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}

{"title":"THE INFLUENCE OF GLOBALIZATION ON LAND OWNERSHIP IN INDONESIA IN TERMS OF PERSPECTIVE SOCIOLOGY OF LAW","authors":"Hamler Hamler","doi":"10.56107/penalaw.v1i2.41","DOIUrl":"https://doi.org/10.56107/penalaw.v1i2.41","url":null,"abstract":"The influence of globalization on land ownership in Indonesia, viewed from the perspective of legal sociology, is the difficulty for people to obtain land ownership in urban areas. This is not due to bureaucracy but rather the influence of urban and preeconomic progress in the city center so that the land for residential houses is getting narrower (exhausted) and left out. The challenge ahead for the Indonesian nation in terms of legal sociology in responding to the influence of globalization, especially economic globalization on land ownership is not to make land a business commodity because it is supported by easy land ownership registration services so that land with clear legal status becomes easy to trade and get economic benefits even though these benefits are only temporary. \u0000 ","PeriodicalId":281598,"journal":{"name":"PENA LAW: International Journal of Law","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123597067","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}