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Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali I Wayan Bandem; I Nyoman Suandika
Jurnal Ilmiah Raad Kertha Vol 2, No 2 (2019)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (244.234 KB) | DOI: 10.47532/jirk.v2i2.162

Abstract

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.
Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang I Wayan Bandem; Wayan Wisadnya; Timoteus Mordan
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (814.595 KB) | DOI: 10.47532/jirk.v3i1.168

Abstract

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.
ANALISIS YURIDIS TERHADAP PENERBITAN AKTA JUAL BELI TANAH DI KABUPATEN JEMBRANA PADA KANTOR NOTARIS/PPAT I KOMANG DIVO MAHAYAKTI HERIADI,S.H.,M.KN I Komang Luki Nanda; Anak Agung Putra Arjawa; I Wayan Bandem
Nusantara Hasana Journal Vol. 3 No. 6 (2023): Nusantara Hasana Journal, November 2023
Publisher : Yayasan Nusantara Hasana Berdikari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59003/nhj.v3i6.1009

Abstract

Preparatory Stages for Making a Deed: Transfer of land rights as specified in article 1320 of the Civil Code. Preparation and Signing of the Deed by presenting the parties, two or more witnesses, the Approval Witness, and the PPAT reading the Sale and Purchase Deed in front of the parties. Registration of Transfer of Rights is regulated in Article 98 PMNA/Head of BPN No. 3 of 1997 concerning implementing provisions of Government Regulation Number 24 of 1997 concerning Land Registration. Apart from the provisions of Article 98 PMNA/Head of BPN No. 3 of 1997, buying and selling regarding use rights must also follow the provisions of Article 43 of the Basic Agrarian Law (UUPA). Issuance of Land Sale and Purchase Deed: has a legal basis in Article 5 UUPA which states that the applicable agrarian law is customary law. Government Regulation no. 24 of 1997 that the Deed of Sale and Purchase is an important document, Government Regulation Article 37 paragraph (1) states that land ownership will only be recognized by the state if a Deed of Sale and Purchase is issued by PPAT. PPAT fees in Article 32 paragraph (1) PP 24/2016, do not require either party to pay, everything is according to the agreement of both parties. Issuance of a Deed of Sale and Purchase, 2 original copies must be made, one kept by the PPAT and the other at the Land Office for registration of transfer of name. The seller and buyer receive a copy of the deed from PPAT. Obstacles faced by PPAT in issuing the Deed of Sale and Purchase: Internal factors, namely the technical aspect (implementation) and the bookkeeping aspect. External factors, namely many transfers of land rights are carried out privately, the public lacks knowledge about the importance of registering transfers of land rights, and the process costs up to the end are relatively expensive. The obstacle is that many people in rural areas register the transfer of their land rights through the Village Head.