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Mutiara, Upik
Universitas Muhammadiyah Tangerang
Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : Indonesian Journal of Law and Policy Studies

 1 
LEGAL RIGHTS OF CONSUMER FINANCE AGREEMENT RELATED TO FIDUSIAN GUARANTEE SETTINGS IN THE CITY OF GORONTALO Nur Insani; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 1, No 2 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i2.2845

Abstract

This study aims to determine the implementation of fiduciary guarantees in financing agreements for motor vehicle purchases and the legal consequences if debtors default in financing the purchase of motor vehicles with fiduciary guarantees at PT. BFI Finance Gorontalo. The research method uses normative legal methods. Data sources consist of primary legal materials, secondary legal materials and non-legal materials. The results showed that the implementation of fiduciary guarantees in motor vehicle financing agreements at PT. BFI Finance Gorontalo is in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees. Default by the debtor can result in the execution of fiduciary guarantees without having to obtain a court decision because the fiduciary guarantee certificate has the same executorial power as a court decision that has obtained permanent legal force, without having to wait for a court decision, execution can continue to be carried out. If the debtor or fiduciary giver fails the promise, the execution of the object that becomes the object can be done by executing the executable title. If in the implementation of fiduciary collateral execution the transfer of collateral occurs by the debtor, then the PT. BFI Finance Gorontalo can take legal action on accusations of embezzlement of collateral.
PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI Upik Mutiara; Romi Maulana
Indonesian Journal of Law and Policy Studies Vol 1, No 1 (2020): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v1i1.2648

Abstract

Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
CHILDREN'S INHERITANCE RIGHTS TO MIXED MARRIAGE WHAT IS NOT RECORDED IN PERSPECTIVE INTERNATIONAL CIVIL LAW Fitra Deni; Upik Mutiara
Indonesian Journal of Law and Policy Studies Vol 2, No 2 (2021): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v2i2.5271

Abstract

This article aims to find out the protection of the inheritance rights of children of mixed marriages that are not recorded in the perspective of the Indonesian International Civil Law (HPI Indonesia). The research in this article is doctrinal legal research or dogmatic, or normative juridical method or also referred to as literature law research, with the method of deduction reasoning. This method of deduction reasoning is used to conclude things that are general to a special thing which is then drawn into a conclusion. The results of this article show that the law applicable to mixed marriages can be seen based on the principles of HPI Indonesia including the principle of lex loci celebrationis, joint nationality or joint residence, where the marriage takes place, where the husband and wife become citizens after marriage or the residence of the husband and wife. But for mixed marriages that are not recorded according to the applicable rules do not eliminate the inheritance of the child, especially from the father as long as there is recognition with an authentic deed. Not noting the marriage does not mean the marriage becomes void but only has not been recognized that there has been a mixed marriage so that the rights of the child are not obtained as they should be. It's just that children born from marriage are considered children outside of marriage. Constitutional Court Decision No. 46/PUU-VIII/2010 is a new legal breakthrough in which children born outside of marriage from unrecorded mixed marriages still have a civil relationship with both parents. So that with the unrecorded of mixed marriage does not eliminate the civil rights of children as legal heirs.
Co-Authors Ade Novensia Arahman Ali Rosyidin Amiludin, Amiludin Amiludin, Amiludin Asdar Arti Dedeh Latipah Fitra Deni Haritsa Haritsa Hasibuan, Rahmad Ramadhan Hayati Nufus Ika Khairunnisa Simanjuntak Lupita Risma Candanni Mohammad Dimas Atmadja Mutiara Nabila Rizqi Nizla Rohaya Nur Insani Rahmad Ramadhan Hasibuan Rahmad Ramadhan Hasibuan Romi Maulana Simanjuntak, Ika Khairunnisa Titi Yuliati