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Journal : Honeste Vivere

PERTANGGUNGJAWABAN PIDANA TERHADAP PENGENDARA YANG MENGAKIBATKAN KEMATIAN PADA KECELAKAAN LALU LINTAS Angelina Cinthia Diana Sinaga; Hulman Panjaitan; Lonna Yohanes Lengkong
Honeste Vivere Vol 33 No 1 (2023): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i1.168

Abstract

The development of Indonesia's transportation system is a community need. Given the rather dominant role played by land transport, it is imperative that land transport ensure that traffic is safe, orderly and smooth in order to ensure a smooth flow of various activities in the realization of the public interest. And how to be efficient. Traffic accident frequency. Many of the causes of traffic accidents are caused by negligence and human error, and these traffic accidents have resulted in many losses, such as damage to public facilities and casualties. The research methods used by the authors are prescriptive laws that research library materials or secondary data. The approaches used by the authors are the legal approach and the case approach. A legal approach is taken by directly examining the laws and regulations relevant to the legal issue under investigation. Approaching the case, the author analyzes Court Decision No.665/Pid.B/PN.JKT.PST. Article 311 of the Road Traffic Transport Law No.22 of 2009 precluded the application of Articles 338 and 359 of the Penal Code by the existence of regulations on traffic accident norms and criminal penalties as a special case for traffic accidents. General Criminal Provisions. It is known as a special law that deviates from the general law.
PERLINDUNGAN HUKUM ATAS PELEPASAN HAK ISTIMEWA BAGI PEMEGANG CORPORATE GUARANTEE AKIBAT WANPRESTASI DEBITOR BANK Setyo Sardjono; Hulman Panjaitan; Hendri Jayadi; Tomson Situmeang
Honeste Vivere Vol 33 No 1 (2023): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i1.178

Abstract

The bank's activity as an intermediary is to collect and distribute funds in the form of credit. Creditors in providing credit to debtors adhere to the principle of prudence, because creditors are faced with credit risk. For this reason, banks in providing credit to debtors have several conditions that must be met, including the existence of guarantees, both material (material) and immaterial (individual) guarantees. One form of individual guarantee is a guarantor (borghtoct), which is found in the case of the Supreme Court's Decision on Bankruptcy and PKPU. The research method used is normative research with a statutory approach. The results of the study found that the petitioned bankruptcy case was rejected or at least declared unacceptable because the PKPU applicant did not have legal standing because the facility agreement underlying the debt was legally invalid and therefore null and void, as well as the company guarantee deed as well as the legal limit.