Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal Iuris Studia: Jurnal Kajian Hukum Jurnal Pencerah Bangsa
Sutiarnoto Sutiarnoto
Program Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Perlindungan Hukum Terhadap Kreditur Atas Upaya Penundaan Lelang Eksekusi Hak Tanggungan Akibat Kredit Macet (Studi Putusan Mahkamah Agung Nomor 15 K/ Pdt/ 2019) Ade Nona Halawa; Sunarmi Sunarmi; Hasim Purba; Sutiarnoto Sutiarnoto
Iuris Studia: Jurnal Kajian Hukum Vol 3, No 2 (2022): Juni - September
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v3i2.241

Abstract

The provisions for delaying the auction of mortgage executions in the context of settling bad loans have not been regulated in laws and regulations, but only contained in the Joint Statement (PB) and Forced Letter (SP) made by PUPN/KPKNL to postpone the auction of mortgage executions. Legal protection for creditors in the execution of mortgage execution auctions in the context of settlement of bad loans has been provided by Law Number 4 of 1996 concerning Mortgage Rights. Prior to binding the Mortgage Rights, the form of a credit agreement between the creditor and the debtor is prioritized. This Credit Agreement functions as evidence and provides limitations regarding the rights and obligations of each party, so that the credit agreement can guarantee the repayment of creditors' debts, a guarantee binding process must be carried out with a clause granting Mortgage Rights if the object guaranteed is in the form of fixed objects, namely land rights. . Judges' considerations on the Supreme Court Decision Number: 15K/Pdt/2019 in conjunction with the Medan High Court's decision Number 11/Pdt/2018/ PT Medan in conjunction with the Medan District Court's Decision Number 726/Pdt.G/2016/PN-Mdn, Eko Handoko Hasian in terms of This lawsuit filed a lawsuit containing the cancellation of the auction for the execution of the mortgage object, however, the lawsuit filed was not acceptable (Niet Ontvankelijk verklaard) because it considered several things, first the Plaintiff's Lawsuit Contains Premature Disability, and second, the Plaintiff's Claim with Less Parties (Exceptio Pluria Litis Consortium). In addition, Eko Handoko Hasian also incorrectly postulated that the execution of the mortgage right requires fiat execution from the court because Law Number 4 of 1996 concerning Mortgage has given the creditor the right of execution which is obtained by the existence of an executorial title contained in the mortgage certificate
Kajian Yuridis Tentang Kelalaian Petugas Bank Terhadap Surat Peringatan Lelang Tanpa Tanda Tangan Nasabah (Studi Kasus Perkara No. 40/Pdt.G/2020/PN.Mdn) Ferawati Br.Tarigan; Sunarmi Sunarmi; Sutiarnoto Sutiarnoto; Mahmul Siregar
Jurnal Pencerah Bangsa Vol 2, No 2 (2023): Januari - Juni
Publisher : Jurnal Pencerah Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law Number 8 of 1999 concerning Consumer Protection which is explained in Article 18 concerning Standard Clauses, it explains the provisions in making an agreement that includes standard clauses. Customers as consumers are required to receive legal protection for the use of service products offered by the bank. Guarantees with Mortgage are given through the Deed of Granting Mortgage (APHT), if the debtor as the provider of Mortgage is in default (default). Execution of the Mortgage Guarantee is the last step taken by the creditor as the recipient of the Mortgage if the creditor or bank in collecting non-performing financing is not effective enough, then based on Article 20 paragraph (1) letter b of Law Number 4 of 1996 concerning Mortgage, it can be conducted by way of public auction.This study uses a normative juridical approach. The normative juridical approach is an approach that is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research.
Co-Authors Ade Nona Halawa Ferawati Br.Tarigan Hasim Purba MAHMUL SIREGAR Sunarmi, Sunarmi