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Perspektif Hukum Persaingan Usaha terhadap Diskriminasi Harga Penjualan Barang pada Pasar Kaget dan Pasar Tradisional Yetti Yetti; Yelia Natassa Winstar; Miftahul Haq
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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The problem in this research, how is the regulation, the selling price of goods in shock market in traditional markets, and the perspective of business competition law. and the legal consequences caused by these prices. The purpose of research on how the flight system, the sale price of goods in shock markets and traditional markets and the legal prices caused by these nationalities. The method to achieve the goal is to conduct sociological law research, which is to see the implementation of laws in society. The results of the national research that took place in Pasar Kaget with traditional markets on basic food items. Small entrepreneurs who are in traditional markets feel disadvantaged by market traders who are shocked because market traders are surprised to give cheaper prices to consumers for the same goods. Thus the traditional market has more consumers. This happens because the law of business competition gives privileges to small traders to exercise a monopoly, which in this case is an airline. The legal consequence of the existence of a shock market is that because its establishment is not in accordance with criteria such as traditional markets, it is difficult to carry out supervision by the relevant officials, even though between traders and the principles of symbiotic mutualism. It is recommended that the government amend this law because with the freedom of small entrepreneurs that are detrimental to other small rulers.

Peralihan Hak Atas Tanah Yang Menjadi Objek Sengketa Dalam Perspektif Penegakan Hukum: 1. Akibat Hukum Peralihan Hak Atas Tanah Yang Menjadi Objek Sengketa, 2. Prospektif Penegakan Hukum Terhadap Sengketa Peralihan Hak Atas Tanah Adeka Andari Pernia Deka
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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Dispute land cases in Indonesia in 2019 reached 30,817 cases, which was dominated by the typology of registration of conveyance of land rights. This shows that the reconstruction of the transfer of rights is not being perfectly understood by society, authority and others. The essence of this particular problem is in physical and juridical data on land rights which frequently shifts due to unqualified of deep land subject obligations in maintaining physical and juridical data its self. The purpose of this research is to figure out the legal consequences of rights conveyance to dispute lands and what are the prospects of law enforcement on future transfer of land rights disputes. The type of this research is juridical normative research which uses the statutory and conceptual approach method by using the theory of authority and law enforcement. The results show that the legal consequences of the transfer of rights over land that becomes the object of dispute, namely freehold and deed of transfer of land rights could be cancelled and declared null and void. This is because it is not fulfilled the subjective and objective requirements of the validity of an agreement and obligations land subject to safeguard physical data and juridical data which are an important part of a proof of ownership of land rights. Law enforcement perspective on the transfer of land rights disputes based on Government Regulation 24 of 1997 relies on the subject of land rights and deeds of stipulation of transfer of rights and other parties which are the basis for this transfer of rights to the land.

Keabsahan Jual Beli Atas Rumah Dengan Perjanjian Di Bawah Tangan yang Hendak Di Buatkan Akta Jual Beli Tanpa Adanya Pihak Penjual monica lidiyana; Mella Ismelina Farma Rahayu
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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The sale and purchase of house rights is based on the provisions of Article 37 Paragraph 1 of Government Regulation Number 24 of 1997, which in essence, the transfer of land rights must be proven by a deed made by Land Titles Registrar, but some people who are still lay people often think that the sale and purchase of land It is enough to do it by using receipts in full, so that when you want to reverse the name register, of course the effort is hampered, because there is no the sale and purchase of land deed made by Land Titles Registrar, the obstacles also increase, when one of the parties, especially the seller, is unknown, so that the sale and purchase of land deed cannot be made, because making the sale and purchase of land deed must involve the seller and the buyer. This research was conducted using the Normative Juridical Law Research method, this research was conducted using secondary data, which is divided into primary, secondary and tertiary legal materials. What will be examined in this research is related to the validity of the sale and purchase of land which is only proven by the receipt, the validity of the sale and purchase deed of land made by Land Titles Registrar without the seller, and the implementation of the sale and purchase deed by the Land Deed Making Official on land without a seller in Decision Number 256 / PDT. G / 2019 / PN Ckr.

Perlindungan Hukum Terhadap Para Pihak Dalam Perjanjian Kredit Sindikasi Nicko Priady
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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This study aims to identify and criticize the arrangements, procedures and positions of all parties involved in syndicated financing. The formulation of the problem that will be discussed in this article is about the legal relationship between the parties in a syndicated loan to resolve bad loans when they default, and the legal protection of the parties in a syndicated loan agreement. The type of research is normative law, which is a research method that emphasizes legislation, conceptual law, and case law, and describes theories related to research problems. The results show that the implementation of Syndicated Loans is related to the rights and obligations of the parties. As long as the parties fulfill this and carry out the agreed agreements and carry out supervision simultaneously, the risk of default will be smaller. The regulation regarding the authority and rights and obligations between the Debtor and the Bank in the Syndicated Credit Agreement must be clearly stated in the Syndicated Credit Agreement so that there is no gap in the norm of ambiguity that can cause problems in the future.

Kepastian Hukum Pengambilalihan Saham (Akuisisi) Perseroan Terbatas Tertutup Dengan Akta Jual Beli Saham Lifia Feby Wulandari
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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The practice in the world of notary that uses the Deed of Sale and Purchase of Shares in the event of a stock acquisition is a legal issue that underlies the occurrence of this research. The sale and purchase of shares and the acquisition of shares in notarial practice which are often equated cause problems in practice, in line with the duties of the notary office in making deeds, this will lead to multiple interpretations in making the Notary deed. There is no specific regulation that underlies this, so there needs to be a discussion about what the position of the legal issue is. The research method uses a normative juridical research type, with a statutory approach, a case approach, a historical approach, and a conceptual approach. The results of this research are: regarding the use of the Deed of Sale and Purchase of Shares, it can be done as long as there is no change in control, but if in practice the sale and purchase of shares results in a transfer of control, it should be carried out through procedures, terms and procedures for takeover of shares (acquisition). The legal position is closely related to the role of the notary in making deeds, which must always minimize the existence of the deed from any problems in the future. Legal certainty of share takeover (acquisition) of a Limited Liability Company with a Share Sale and Purchase Deed, where the sale and purchase of shares does not result in a change in controlling of shares, the use of the sale and purchase deed provides certainty for the parties therein, but if the sale and purchase of shares results in the occurrence of changes in share controllers, then the sale and purchase deed does not provide legal certainty for the parties in it, it should be done in accordance with the procedures and mechanisms governing share acquisition.

Relaksasi Kredit Pada Kepemilikan Rumah Subsidi Di Bank Mandiri Kota Medan Di Masa Pendemi Covid-19 Berdasarkan Peraturan Otoritas Jasa Keuangan Gema Medianson Saragih
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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Covid-19 pandemic that occurs in Iitdonesia not only creates contagious disease resulting deaths, but also causes stagnancy in economic cycle of a country and its people. The policy of large-scale social restriction (PSBB) makes the company, factory, stores, supermarket and shopping centers temporarily stop their economic activities and terminate their employees. The results demonstrate that Bank Mandiri, as the lender, does not implement the policy of credit relaxation in the covid-19 pandemic to the debtors of subsidized mortgage in accordance with the law. Bank Mandiri makes special policy in the form of debtor classification, namely employees who have been terminated as the customers. External constraint comes from the debtors who state their inability to pay the installment of subsidized mortgage. Another constraint comes from the management of Bank Mandiri Medan City that has the technical implementation guidelines of credit relaxation distribution, based only on subjective assessment of the surveyor and the management of Bank Mandiri Medan City, guided by the justice limited by prudence principles.

Perjanjian Penyerahan Jaminan Sebagai Penyelesaian Hutang Di Hadapan Notaris Agustina Maryana Siregar
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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The notary makes an agreement regarding AYDA (repossessed assets) which aims to authorize the bank represented by one of its directors.The existence of an agreement on the delivery of collateral as a debt settlement before a notary that is emerging in banking practice is certainly expected to provide legal certainty for both the debtor, the owner of the collateral and the bank as the creditor. However, in the laws and regulations in Indonesia there is no regulation that specifically regulates the agreement on the delivery of collateral as debt settlement.This thesis is a descriptive research and the type of research used is a normative juridical study. Study on Verdict Number: 24/Pdt.G/2019/PN.Pti regarding the deed of guarantee delivery agreement between the creditor and the debtor indicates that the agreement does not meet the legal requirements as an agreement. This became evident in March 2016 when the debtor experienced financial difficulties so that the payment of debt installments was delayed.Then there are six deeds issued by a notary in which the six deeds are defects of will or defects of agreement due to abuse of circumstances.This stems from the existence of procedures that are not carried out by creditors, namely the absence of a warning letter regarding delays.Thus, the debtor as the aggrieved party files a lawsuit as a form of legal certainty against the object of the dispute that is his. Keywords: AYDA, deed of sale & purchase, mortgage right

Sertifikasi Atas Tanah Pusaka Tinggi (Studi Nagari Ulakan, Kecamatan Ulakan Tapakis, Kabupaten Padang Pariaman, Provinsi Sumatera Barat) Hariz Novirja Panyalai
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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A plot of land has an important meaning and role in human life. Indonesian government has legal authority in land as it is specified in Law No. 5/1960 on Basic Regulation of Agrarian Affairs. Land Certification is used to create legal certainty in land by organizing land registration and providing certificate as evidence. There many plots of land which have not been registered such as tanah ulayat (village land), especially in Sumatera Barat Province where the majority of its people is Minangkabaunese. The reserch problems are how about the process registering tanah pusako tinggi (ancestral land) by the adat (traditional) community, how about its legal consequences, and how about its obstacles. The research used juridical normative method. Primarv data were gathered by conducting interview and secondary data were obtained from library research such as from books, journals, and electronic media. Certification of tanah pusako tinggi has the same procedure as the other land certification which is referred to the Directive of the Head of the National Land Agency No. 1/2010 on the Standard of Land Service and Regulation. However, there are some things which distinguish them from land registration in general. One of them is the right which is attached to the land is communal right. The certification causes the recognition of land rights and anything related to the control, handing out, expiration, and land acquisition as well as legal certainty on the ancestral land. Some obstacles found in the process of certification are varied, viewed from the government's few point, the internal and external factors and the people. The government has also attempted to handle the obstacles in registering tanah pusako tinggi.

Analisis Yuridis Pembubaran Perseroan Terbatas (PT) Yang Tidak Beroperasi Priscila Patricia Yosephin
Recital Review Vol. 3 No. 2 (2021): Volume 3 Nomor 2 2021
Publisher : Magister Kenotariatan, Universitas Jambi

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Dissolution of a limited liability company consists of some methods pursuant to Article 142 of Law No. 40/2007 On Limited Liability Companies, one of which is by a court ruling. According to explanation of Article 146 of the Law on Limited Liability Companies, dissolution of a limited liability company with an excuse that it no longer operates has to be proved with a letter submitted to tax agency. However, the law does not mention who is authorized to submit the letter to tax agency. This research analyses the position of directors and stockholders in the process of dissolution of a limited liability company that no longer operates, the consideration and ruling handed down by the judge in the Verdict of the Supreme Court Number 1618 K/PDT/2016 and the Verdict of the Constitutional Court No. 63/PUU-XVI/2018 concerning legal certainty of position of director and stockholders related to the process of dissolution of a limited liability company that no longer operates, and the legal protection for stockholders in case the director fail to perform their duties and report to related institutions in the process of dissolution of a limited liability company. This research employs normative juridical method and is juridical analytical. The data are collected through library research conducted by document study. The data analysed qualitatively and the conclusion is drawn deductively. The juridical analysis demonstrate that concerning the dissolution of a limited liability company that no longer operates in the Verdict Number 1618 K/PDT/2016, the Panel of Judges state that the director is rightful to submit a letter related tax agency regarding that the limited liability company no longer operates. In relation with the explanation of article 146 paragraph 1 letter C o the Law on Limited Liability Companies in the Verdict No. 63/PUU-XVI/2018, the Panel of Judges state that the explanation is not unconstitutional an has provuded adequate explanation that although director is not mentioned as the organ of a limited liability company that shall submit the letter to tax agency concerning its non-operating company, it has to be clearly understood that the Law on Limited Liability Companies delegate the responsibility of organization of the company only to the director. With this anlysis, it is suggested that more assertive and clear regulations be made in order to prevent various interpretations patricularly in understanding the explanation of the Law No. 40/2007 on Limited Liability Companies.

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Location Kota jambi, Jambi INDONESIA

Abstract

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Contact Name
-

Contact Email
-

Phone
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Journal Mail Official
elitarahmi72@gmail.com

Editorial Address
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Location
Kota jambi,

Jambi

INDONESIA