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All Journal ARBITER: Jurnal Ilmiah Magister Hukum
Ramadhan, M. Citra
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Law, Crime, Criminology & Criminal Justice

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Analisis Hukum terhadap Benda Jaminan Fidusia yang Digadaikan oleh Debitur Kepada Pihak Lain Pasaribu, Enni Martalena; Minin, Darwinsyah; Marlina, Marlina; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.225 KB) | DOI: 10.31289/arbiter.v1i1.105

Abstract

The research aims to examine the transfer of ownership rights of an object on the basis of trust provided that the object whose ownership rights are transferred remains in the possession of the owner of the object. While the fiduciary guarantee is a fiduciary guarantee institution that can be used to bind the collateral object in the form of movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights. But sometimes the fiduciary collateral is not always the fiduciary giver (debtor) as is mortgaged. Based on this the authors are interested in conducting more in-depth research about collateral objects that are mortgaged by the debtor to other parties. The approach method used in this research is empirical juridical. The data obtained is guided by the empirical aspects that are used as a tool. The research results obtained that the provisions regarding fiduciary guarantees are regulated in the contractual agreement clause by the finance company (PT. SMS Finance and PT BAF Medan Branch) and if not clearly regulated then the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees apply.
Aspek Hukum Lembaga Paksa Badan Terkait Penahanan terhadap Debitur Pailit Siregar, Bismar Parlindungan; Ginting, Budiman; Sikumbang, Jusmadi; Ramadhan, M. Citra
ARBITER: Jurnal Ilmiah Magister Hukum Vol 1, No 1 (2019): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.607 KB) | DOI: 10.31289/arbiter.v1i1.111

Abstract

The purpose of this study is to look at how regulations regarding forced agency (gijzeling / hostage-taking) based on Articles 209 to 224 HIR and Articles 242 to 258 R.Bg, are things that are contrary to human rights and other related regulations. Normative Juridical Approach, namely research focused on studying the application or rules or norms in positive law. There are 2 (two) data collection methods, namely the library research method and the field research method. The results and discussion through the process of developing regulations that apply to forced agency (gijzeling), at this time, this has been revived with the enactment of the Supreme Court Regulation (PERMA) No. 1 of 2000 concerning Forced Institutions, and has been absorbed by the bankruptcy law itself. The issuance of this regulation created the birth of a situation regarding the regulation of the problem of detention of a debtor in Indonesia, which in general has been regulated in Law No. 8 of 1981 concerning Criminal Procedure Law, it is necessary to have restrictions such as what to implement these two regulations, so that it becomes a differentiator in its enforcement.
Co-Authors BUDIMAN GINTING Darwinsyah Minin Jusmadi Sikumbang Marlina Marlina Pasaribu, Enni Martalena Siregar, Bismar Parlindungan