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PENA LAW: International Journal of Law
Published by Yayasan Pusat Cendekiawan Intelektual Nusantara
ISSN : -     EISSN : 29623405     DOI : https://doi.org/10.56107/penalaw
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
PENA LAW: International Journal of Law publishes original research papers at the forefront of law. Topics that are published and emphasized in this journal include: International law, constitutional and administrative law, criminal law, contract law, tort law, property law, civil law, general and equality law, religious law, political law, legal history , Information Law, Labor Law, Criminology, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2023): May" : 4 Documents clear
CESSIE'S JURIDICAL ANALYSIS IN SETTING HOME OWNERSHIP NON-PERFORMANCE LOANS AS A BANK GUARANTEE VIEWED FROM LEGAL POLITICAL ASPECT Yulfasni Yulfasni; Hamler Hamler
PENA LAW: International Journal of Law Vol. 2 No. 1 (2023): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.91

Abstract

Politics of banking law (banking law) as the activity of choosing and the method to be used to achieve a particular goal and law, or a legal policy to be applied or carried out includes the consistent implementation of existing legal provisions, the process of updating and making law, which leads to a critical attitude towards law with an ius constitutum dimension and creates a law with an ius constituendum dimension, and the importance of affirming the function of institutions and the development of law enforcers. The problems are 1. How is the cessie in resolving bad loans on housing ownership as bank guarantees from a political and legal perspective? 2. What is the legal power of the auction as a result of creditor guarantee cessie seen from the legal political aspect? and provide answers to these problems. The method used is a type of normative legal research (doctrinaire) with data used secondary data, in the form of primary, secondary and tertiary legal materials. With the conclusion that in the settlement of bad credit, one method can be used with cessie, namely the transfer of rights over intangible goods receivables on behalf of third parties, carried out by selling receivables on behalf of an authentic deed or private deed. And in providing legal protection to cessionaris, they can use retro cessie, which is a means for cessionists whose receivables are not paid by cessus to sue the cedent to ask for the money back.
TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr) Hamler; Yulia Mirwati; Yulfasni; Zefrizal Nurdin
PENA LAW: International Journal of Law Vol. 2 No. 1 (2023): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.100

Abstract

Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.
RESCUE OF COLLATERAL OBJECTS OWNED THIRD PARTIES DUE TO BREACH OF DEBTORS WITH SUBROGATION AS LEGAL REMEDIES IN SHIP CASES ABOVE 20 m3 Syahril Syahril; Hamler
PENA LAW: International Journal of Law Vol. 2 No. 1 (2023): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.114

Abstract

Payments can also have limited consequences in the sense that these payments only result in the role of the Creditor being replaced by another Creditor and the Debtor will be faced with a new Creditor who has the right to request payment from the Debtor or what is known as Subrogation and in this study occurs in the case of ships over 20 m2 as a Hipotek . Ships can meet the criteria or requirements to become collateral for credit settlement in the form of a Hipotek. Ships As Collateral for Repayment of Credit where the Hipotek is a material right to immovable objects. Ships can be divided into two, namely those weighing above 20 m 3 and below 20 m 3 . This paper aims to find out which ships can be charged with a Hipotek, so that they can be used as collateral for credit repayment. The method used is normative legal research, namely an approach by studying the applicable laws and regulations. The conclusion of this paper is that a Hipotek is a form of credit repayment guarantee, which is regulated in Burgelik Wetboek . Hipotek can be applied to objects in the form of ships. Ships As Guarantees for Repayment of Credit where the Hipotek is a material right to immovable objects which in this study uses subrogation as a legal remedy used.
The Existence of Complaint Offense Delict and Common Delict in Normative and Empirical Perspectives Ferry Asril
PENA LAW: International Journal of Law Vol. 2 No. 1 (2023): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.124

Abstract

Regulations regarding complaint offense delict and common delict in substantive criminal law in Indonesia are dependent on the type of delict. There are two types of delicts in relation to case processing, namely complaint offense delict and common delict. In common delict, the case can be processed without the consent of the victim. On the other hand, complaint offense delict is divided into absolute complaint offense delict and relative complaint offense delict. To determine whether a delict falls under complaint offense or common delict, it can be determined by reading the article or chapter in the Indonesian Criminal Code (KUHP) where the criminal act is stated. If the article or chapter does not state that it is a complaint offense, then it is considered a common delict, which must be prosecuted ex officio (without a complaint). Complaint offense delicts can result in undisclosed crimes, such as in Article 369 of the Criminal Code. Therefore, if the complaint offense delict in that article is treated as a common delict (not a complaint offense), the person who holds the secret may suffer further losses because their secret will be exposed. The victim must choose whether to file a complaint, risking the disclosure of their secret, or not. Therefore, this delict remains mostly hidden as a hidden crime. Another example is the potential disruption of someone's civil interests if a complaint offense, especially in cases of adultery, is treated as a common delict.

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