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All Journal DE JURE Hasanuddin Law Review JURNAL PENDIDIKAN TAMBUSAI Jurnal Ilmiah Wahana Pendidikan COURT REVIEW: Jurnal Penelitian Hukum Equalegum International Law Journal
Ernu Widodo, Ernu
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Journal : Equalegum International Law Journal

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LEGAL PROTECTION OF FIDUCIARY HOLDERS BASED ON CONSTITUTIONAL COURT RULING NUMBER. 18/PUU-XVII/2019 Putra, Januanwar Reza Yudhitya; Subekti, Subekti; Prawesthi, Wahyu; Widodo, Ernu
EQUALEGUM International Law Journal Volume 2, Issue 1, 2024
Publisher : SYNTIFIC

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Background. Legal certainty is significantly enhanced by fiduciary guarantees as a result, the research aimed (a) to develop knowledge of business law, especially banking law, especially regarding credit with Fiduciary Guarantees, (b) to contribute parties related to activities that often use contracts with fiduciary guarantees such as banking and society Research Method. The type of research used is a normative juridical approach to answer existing research problems, using legal principles, statutory regulatory materials, and theoretical frameworks. The analysis of library materials and secondary data to gain a comprehensive understanding of the subject matter. Findings. The results showed (a) the procedure of carrying out an object of fiduciary guarantee requires submitting an execution request to the District Court. This court functions as an intermediary, granting permission for execution to aggrieved creditors. If the agreement itself has the power of execution, then the fiduciary guarantee can be executed immediately (b) The recent Constitutional Court decision Number 18/PUU-XVII/2019, states that every person has the right to recognition, guarantees, protection, fair legal certainty and equal treatment before the law. This law functions to enforce human rights contained in the 1945 Constitution, guaranteeing justice and protection all society. Conclusion. Constitutional Court decision No. 18/PUU-XVII/2019 raises various problems that are not in line with the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantee. Following this decision, banks as creditors no longer carry out executions unilaterally. If the debtor is in default and has created injustice and ambiguity for creditors by eliminating the authority.
LAW NO. 11 OF 2020 ALLOWS LAND ACQUISITION FOR PUBLIC INTEREST IN SUBSIDIZED HOUSING BUSINESSES FOR LOW-INCOME COMMUNITIES Munir, Saiful; Subekti, Subekti; Suyono, Yoyok Ucuk; Widodo, Ernu
EQUALEGUM International Law Journal Volume 2, Issue 2, 2024
Publisher : SYNTIFIC

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Background. The development of land acquisition in Indonesia is influenced by various factors including the government system, leadership system, development performance plan, development orientation direction, and legislation enacted. As an important element in the life of living things, land is the surface of the earth that is organized and managed nationally. This research purpose was to analyze the land acquisition for public interests for low-income communities in the subsidized housing business based on law No. 11 of 2020. Research Method. This research uses a type of legal research that is normative in nature (normative legal research), this research leans towards the Law Approach and Conceptual Approach. As well as Legal Materials that researchers use are Sources of legal materials that are primary, tertiary, and secondary commonly used in research with a normative nature. Findings. The state is responsible for protecting the entire Indonesian nation through the organization of housing and settlement areas so that people can live and inhabit decent and affordable homes in a healthy, safe, harmonious, and sustainable environment throughout Indonesia. As one of the basic human needs, ideally, a house should be owned by every family, especially for people with low income and for people who live in densely populated areas in urban areas. Conclusion. To provide adequate, cheap housing for everyone, especially low-income families and those living in highly packed urban areas, the state is responsible for organizing housing and settlement areas and safeguarding Indonesia.
Co-Authors Bachrul Amiq Borman, M. Syahrul Fitria Fitria Hartoyo Hartoyo Jundiani Jundiani Jurdi, Fajlurrahman Ling, Fang Munir, Saiful Putra, Januanwar Reza Yudhitya Ramba, Yunan Yunus Renol Gansalangi, Jefri Sidarta, Dudik Djaja SRI ASTUTIK Subekti Subekti Subekti Subiantoro, Dodik Suyono, Yoyok Ucuk Tasane, Stefani Ivonne Ucuk, Yoyok Wahyu Prawesthi, Wahyu Wangka, Adolf Wirawan, I Putu Edi Yuliarti, Ely Zulkifli Aspan, Zulkifli