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INDONESIA
i-Latinnotary Journal: Internasional Journal of Latin Notary
Published by Universitas Pasundan
ISSN : -     EISSN : 27466159     DOI : https://doi.org/10.55904/journal.v2i1
Core Subject : Humanities, Science, Education, Social,
Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
Articles and research reports are written by academicians, researchers, or students who are experts on its field like Social Work, Sociology, Law, Education, Public Administration, Business Administration, Communication, International relations, Management, Culture and Art, Anthropology, History, Women Studies, Hospitality, and Tourism. etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022" : 4 Documents clear
JURIDICAL REVIEW OF BANKRUPTCY IN SIGNING AGREEMENT ON BUYING SELLING OF FLAT IN MEDAN Heriyanti Heriyanti; Azharuddin Azharuddin; Giovanni Thomasia
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.38

Abstract

Flats as a place to live with the hope of meeting the needs of the community, especially those who live in cities, there is no reduction in excessive land use and creating infiltration areas for water. With the increase in the number of people in 2010-2020 with an annual average of around 1.25%, it indirectly results in greater decent housing due to the dense population and limited land in the city, thus creating flats. The purpose of the study is to analyze the signing of the Sale and Purchase Binding Agreement (PPJB) for flats, the legal consequences if the developer of the flat goes bankrupt and dispute resolution if the settlement period by the developer defaults on the PPJB flats. The normative juridical method used in this study. With the results, the process of making PPJB flats must meet Article 1320 of the Civil Code as a condition for the validity of the agreement and be made before a Notary. Consequence with a declaration of bankruptcy against the developer resulting in general confiscation of the assets of all assets owned by the developer. Settlement of disputes caused by the inappropriateness of the apartment unit building or the lapse of the settlement period carried out by the developer, is carried out through a non-litigation process (out of court) and if there is no reconciliation, it can be continued with the litigation process (through the court process).
FREEDOM OF CONTRACT IN MORTGAGE LOAN AGREEMENT AT PT. BANK CIMB NIAGA, TBK. IN MEDAN Tommy Leonard; Elvira Fitriyani Pakpahan; Kevin Alexander
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.42

Abstract

In a credit agreement, the position of the bank as a creditor and the customer as a debtor is never balanced. The position of the bank is stronger than that of potential customers. Whereas freedom of contract can only achieve justice if the parties have a balanced bargaining power. Unbalanced bargaining power occurs when a strong party can impose his will on a weak party, until the weak party only follows the terms of the contract proposed to him. Given that in the credit agreement there has been a contractual relationship and the clauses tend to favor the bank as the creditor, in a credit agreement, mostly for debtors its only a take it of leave it option, so that the opportunity to negotiate as an initial process of obtaining an agreement is small and even neglected. The research is used a empiric juridical legal research method. Data sources from the research were derived from secondary data consisting of legal materials and legal documents that became the basic foundation for answering problems in this study. The results of this study revealed that the completion of defaults in the mortgage loan agreement can be made before it is executable. Settlement of the default can be done by reschedulling, re-requirements and rearrangegement.
EFFECTIVENESS OF REGISTRATION OF MICRO AND SMALL BUSINESS LIMITED LIABILITY COMPANIES AFTER THE ENTRY INTO FORCE OF GOVERNMENT REGULATION NUMBER 8 OF 2021 Heriyanti Heriyanti; Elvira Fitriyani Pakpahan; Lenny Maria Aritonang
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.43

Abstract

The government established a Draft Law cipta Kerja has the aim of making it easier for businesses in Indonesia to set up their businesses.This draft law is one of the urgency that is expected to be a barometer increase in the business world where Indonesia is still fifth in ASEAN.This is what makes the government always make regulations so that the community is easier in setting up its business, especially for Micro and Small Businesses.The Work Copyright Bill contains many additional rules, especially those related to the founder of a business entity.One of the things that is considered by the government to facilitate the community in setting up a business is by forming a new type of business entity, namely Individual Limited Liability Company (Micro and Small Business) that can be established only by 1 (one) person.With the hope that it can make it easier for businesses, especially micro and small businesses in setting up their businesses by facilitating the terms and minimizing capital.
THE EFFICACY OF WAQF LAND DISPUTE SETTLEMENT THROUGH NON-LITIGATION MEDIATION Islamiyati Islamiyati; Rofah Setyowati; Dewi Hendrawati; Aisyah Ayu Musyawah; Ahmad Rofiq
International Journal of Latin Notary Vol 2 No 02 (2022): Internasional Journal of Latin Notary, March 2022
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v2i02.44

Abstract

In Indonesia, rapid expansion of waqf land had great impact on the waqf dispute that had to be resolved. Waqf dispute might be settled through consensus and mediation. In fact, it showed that waqf dispute settlement through mediation was ineffective because it was not based on appropriate mediation principle. This study would find out and analyze the problems in waqf dispute settlement through mediation based on the perspective of the efficacy of law theory in Central Java. Sociolegal research with empirical juridical approach was used as the research method, primary and secondary data were the data needed, while the analysis was done qualitatively. The result of the study showed that, based on efficacy of law theory, waqf dispute settlement through mediation outside the court had been ineffective, because it had some problems in; legislation formal juridical, law enforcement institutional, media or facility on law enforcement human resources, society compliance on the law, and legal culture customary law in society. The efficacy of waqf dispute settlement through mediation outside the court was settled through an innovation on the field of regulation, institution, human reources, and legal culture, in order to get fair and thorough settlement on the waqf dispute in society.

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