Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4742.188-192
Ni Made Seri Wahyuni Dewi, I. N. Budiartha, Ni Made Spasutari Ujianti
Deed of Imposition of Mortgage which is processed before a Notary/PPAT and attended by both parties, namely the debtor and creditor. If one of them is unable to attend, the party who is unable to attend will be issued an SKMHT which has a period of one month for land that has been registered and three months for land that is not registered in accordance with the provisions of Article 15 paragraphs (3) and (4) of the UUHT, apart from The validity period of the SKMHT is also affected by the existence of other processes such as: inheritance, roya and rights conventions. This study aims to disclose the Bank's credit agreement in the event that the power of attorney to impose mortgage rights is not followed by the fact of granting mortgage rights. This study uses research methods in the form of normative research with a normative juridical approach, namely analyzing the norms or rules that apply. Primary data and secondary data are used in this study. Data were analyzed using qualitative methods. The results of the study show that the position of the bank as a creditor if the SKMHT is not made APHT is a concurrent creditor which means the bank does not have special rights as contained in the Civil Code, if the debtor is in default while the creditor is a concurrent creditor, the handling of civil cases is generally.
{"title":"Perjanjian Kredit Bank dalam Hal Surat Kuasa Membebankan Hak Tanggungan Tidak Diikuti dengan Akta Pemberian Hak Tanggungan","authors":"Ni Made Seri Wahyuni Dewi, I. N. Budiartha, Ni Made Spasutari Ujianti","doi":"10.22225/juinhum.3.1.4742.188-192","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4742.188-192","url":null,"abstract":" \u0000Deed of Imposition of Mortgage which is processed before a Notary/PPAT and attended by both parties, namely the debtor and creditor. If one of them is unable to attend, the party who is unable to attend will be issued an SKMHT which has a period of one month for land that has been registered and three months for land that is not registered in accordance with the provisions of Article 15 paragraphs (3) and (4) of the UUHT, apart from The validity period of the SKMHT is also affected by the existence of other processes such as: inheritance, roya and rights conventions. This study aims to disclose the Bank's credit agreement in the event that the power of attorney to impose mortgage rights is not followed by the fact of granting mortgage rights. This study uses research methods in the form of normative research with a normative juridical approach, namely analyzing the norms or rules that apply. Primary data and secondary data are used in this study. Data were analyzed using qualitative methods. The results of the study show that the position of the bank as a creditor if the SKMHT is not made APHT is a concurrent creditor which means the bank does not have special rights as contained in the Civil Code, if the debtor is in default while the creditor is a concurrent creditor, the handling of civil cases is generally.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116005569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4638.55-59
I Made Yasa Wahyuda, Anak Agung Sagung Laksmi Dewi, Diah Gayatri Sudibya
Murder by mutilation is a fairly heinous act where this murder is carried out by starting with the disappearance of a person's life then followed by the cutting of the victim's body from the head to the whole body. This was done to erase traces of murder. Mutilation when viewed in Indonesian criminal law is not clearly regulated so that in giving sentences to perpetrators it is also sometimes less stable, this results in concern and discomfort among the community if the perpetrator is not punished severely. Therefore, this research examines the regulation of the crime of murder by mutilation in Indonesian criminal law and analyses the criminal sanctions against perpetrators of the crime of murder by mutilation in Indonesian criminal law. The research method used is normative legal research using a statutory approach and a conceptual approach. The primary legal material of this research is sourced from regulations related to cases, the secondary legal material of this research is sourced from law books, legal journals. Data collection techniques using the method of quoting, summarizing and providing reviews. The results obtained from the formulation of the problem, namely the legal arrangements and sanctions imposed on perpetrators of murder by mutilation can be linked to articles 338 and 340 of the Criminal Code as well as examples of cases contained in the decision Number: 44/ PID.B/2014 /PN Srp Semarapura Klungkung
{"title":"Sanksi Pidana terhadap Pelaku Tindak Pidana Pembunuhan dengan Mutilasi dalam Hukum Pidana Indonesia","authors":"I Made Yasa Wahyuda, Anak Agung Sagung Laksmi Dewi, Diah Gayatri Sudibya","doi":"10.22225/juinhum.3.1.4638.55-59","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4638.55-59","url":null,"abstract":"Murder by mutilation is a fairly heinous act where this murder is carried out by starting with the disappearance of a person's life then followed by the cutting of the victim's body from the head to the whole body. This was done to erase traces of murder. Mutilation when viewed in Indonesian criminal law is not clearly regulated so that in giving sentences to perpetrators it is also sometimes less stable, this results in concern and discomfort among the community if the perpetrator is not punished severely. Therefore, this research examines the regulation of the crime of murder by mutilation in Indonesian criminal law and analyses the criminal sanctions against perpetrators of the crime of murder by mutilation in Indonesian criminal law. The research method used is normative legal research using a statutory approach and a conceptual approach. The primary legal material of this research is sourced from regulations related to cases, the secondary legal material of this research is sourced from law books, legal journals. Data collection techniques using the method of quoting, summarizing and providing reviews. The results obtained from the formulation of the problem, namely the legal arrangements and sanctions imposed on perpetrators of murder by mutilation can be linked to articles 338 and 340 of the Criminal Code as well as examples of cases contained in the decision Number: 44/ PID.B/2014 /PN Srp Semarapura Klungkung","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132169059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4732.138-142
I Gede Gita Ananda Putra, I Nyoman Putu Budiartha, Ida Ayu Putu Widiati
The Minister's decision caused the assimilation of up to 167 people in the head of the family in Indonesia. The public considers that the steps that have been taken by the government are not sufficient to reduce the spread of Covid-19, the community is of the opinion that inmates can live better and more comfortably in prisons if they carry out social distancing programs (physical distancing) together with complete control mechanisms. Not only that, public concern and anxiety will increase if prisoners who receive the Assimilation Rights Program repeat their crimes. The aims of this research are to discuss the requirements and factors that are used as the basis for the release of prisoners in Kerobokan Prison and what obstacles arise in the Implementation of Assimilation in Rutan IIA Kerobokan. This research method is empirical research using a sociological juridical approach. There are 3 sources of research material, namely primary, secondary and tertiary sources. The techniques used to collect data are library study techniques and interview techniques. The results of this study explain that in the implementation of the assimilation permit at the Class IIA Kerobokan Prison, this has been stated in the Regulation of the Minister of Law and Human Rights based on the Minister of Law and Human Rights Number 10 of 2020 and amended in the Minister of Law and Human Rights Number 32 of 2020 concerning Terms and Conditions The method of granting has been refined to become digestion, probation, no early leave, and pre-compulsory leave for applications and children in avoiding and controlling the covid19 pandemic, as well as obstacles encountered, one of which was having passed half the penalty time.
{"title":"Pelaksanaan Kebijakan Pembebasan Narapidana di Masa Pandemi Covid-19 di Lapas Kerobokan Denpasar","authors":"I Gede Gita Ananda Putra, I Nyoman Putu Budiartha, Ida Ayu Putu Widiati","doi":"10.22225/juinhum.3.1.4732.138-142","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4732.138-142","url":null,"abstract":" The Minister's decision caused the assimilation of up to 167 people in the head of the family in Indonesia. The public considers that the steps that have been taken by the government are not sufficient to reduce the spread of Covid-19, the community is of the opinion that inmates can live better and more comfortably in prisons if they carry out social distancing programs (physical distancing) together with complete control mechanisms. Not only that, public concern and anxiety will increase if prisoners who receive the Assimilation Rights Program repeat their crimes. The aims of this research are to discuss the requirements and factors that are used as the basis for the release of prisoners in Kerobokan Prison and what obstacles arise in the Implementation of Assimilation in Rutan IIA Kerobokan. This research method is empirical research using a sociological juridical approach. There are 3 sources of research material, namely primary, secondary and tertiary sources. The techniques used to collect data are library study techniques and interview techniques. The results of this study explain that in the implementation of the assimilation permit at the Class IIA Kerobokan Prison, this has been stated in the Regulation of the Minister of Law and Human Rights based on the Minister of Law and Human Rights Number 10 of 2020 and amended in the Minister of Law and Human Rights Number 32 of 2020 concerning Terms and Conditions The method of granting has been refined to become digestion, probation, no early leave, and pre-compulsory leave for applications and children in avoiding and controlling the covid19 pandemic, as well as obstacles encountered, one of which was having passed half the penalty time.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128458571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4743.193-198
I Kadek Purwadi Putra, A. A. S. L. Dewi, L. Suryani
Indonesia is a country that is ranked 4 (four) in the world, so it cannot be denied that the problem of waste is a complex problem faced by the Government, waste is one of the biggest problems that are often encountered by people in other parts of the world, waste itself is a leftover from activities and activities. human consumption, which has been wasted and has no economic value anymore. Garbage is a problem faced in almost all parts of the world. Seeing the many waste problems that occurred, the Padangtegal Traditional Village built a Compost House as a form of the Village's concern for the waste problem. This study aims to examine environmental pollution by the traditional village of Padangtegal, Ubud District. The method used is empirical legal research. This research uses a statutory approach and is carried out by examining and studying laws or other regulations such as awig-awig and pararem in accordance with the issues in question, in which the norms are hierarchically arranged in the arrangement of legal norms. Sources of data in this study are primary data and secondary data. The results of the study indicate that the implementation of waste management in the Padangtegal Traditional Village has been running well according to applicable regulations and in its implementation the Padangtegal Traditional Village manages waste management independently through management.
{"title":"Pengelolaan Sampah dalam Upaya Pengendalian Pencemaran Lingkungan oleh Desa Adat Padangtegal, Kecamatan Ubud, Kabupaten Gianyar","authors":"I Kadek Purwadi Putra, A. A. S. L. Dewi, L. Suryani","doi":"10.22225/juinhum.3.1.4743.193-198","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4743.193-198","url":null,"abstract":" \u0000Indonesia is a country that is ranked 4 (four) in the world, so it cannot be denied that the problem of waste is a complex problem faced by the Government, waste is one of the biggest problems that are often encountered by people in other parts of the world, waste itself is a leftover from activities and activities. human consumption, which has been wasted and has no economic value anymore. Garbage is a problem faced in almost all parts of the world. Seeing the many waste problems that occurred, the Padangtegal Traditional Village built a Compost House as a form of the Village's concern for the waste problem. This study aims to examine environmental pollution by the traditional village of Padangtegal, Ubud District. The method used is empirical legal research. This research uses a statutory approach and is carried out by examining and studying laws or other regulations such as awig-awig and pararem in accordance with the issues in question, in which the norms are hierarchically arranged in the arrangement of legal norms. Sources of data in this study are primary data and secondary data. The results of the study indicate that the implementation of waste management in the Padangtegal Traditional Village has been running well according to applicable regulations and in its implementation the Padangtegal Traditional Village manages waste management independently through management.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114749371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4722.113-117
Mey Anjani, I Nyoman Putu Budiartha, Desak Gde Dwi Arini
The implementation of cargo transportation by ship which is the main component in business activities allows the emergence of problems on the part of consumers or users of transportation services for the losses incurred, such as the problem of delays in the transportation of cargo. The purpose of this study was to determine the implementation of cargo transportation agreements and dispute resolution at transportation service providers for delays in transporting cargo by ship. This study uses empirical legal research methods, with a statutory approach and a fact approach. Primary data is the source of data in this study. Data were analyzed using quantitative methods. The results of this study indicate that the settlement of disputes over delays in the transportation of cargo by ship at PT. Bali Intercont Cargo by using alternative dispute resolution in the form of negotiations with consumers or users of transportation services regarding rescheduling of cargo transportation.
船舶货物运输是商业活动的主要组成部分，它的实施会给消费者或运输服务用户带来损失方面的问题，例如货物运输的延误问题。本研究的目的是确定货物运输协议的执行情况和运输服务提供商对船舶运输货物延误的争端解决办法。本研究采用实证法学研究方法，采用成文法研究方法和事实研究方法。Primary data是本研究的数据来源。采用定量方法对数据进行分析。本研究结果显示，峇里岛国际货运公司(PT. Bali Intercont cargo)可透过与消费者或运输服务使用者就货物运输改期进行谈判，以替代争议解决的方式解决货物运输延误纠纷。
{"title":"Penyelesaian Sengketa Cargo atas Keterlambatan terhadap Pengangkutan Muatan Melalui Kapal Laut (Studi Kasus Di Pt. Bali Intercont Cargo)","authors":"Mey Anjani, I Nyoman Putu Budiartha, Desak Gde Dwi Arini","doi":"10.22225/juinhum.3.1.4722.113-117","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4722.113-117","url":null,"abstract":"The implementation of cargo transportation by ship which is the main component in business activities allows the emergence of problems on the part of consumers or users of transportation services for the losses incurred, such as the problem of delays in the transportation of cargo. The purpose of this study was to determine the implementation of cargo transportation agreements and dispute resolution at transportation service providers for delays in transporting cargo by ship. This study uses empirical legal research methods, with a statutory approach and a fact approach. Primary data is the source of data in this study. Data were analyzed using quantitative methods. The results of this study indicate that the settlement of disputes over delays in the transportation of cargo by ship at PT. Bali Intercont Cargo by using alternative dispute resolution in the form of negotiations with consumers or users of transportation services regarding rescheduling of cargo transportation.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124804203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4636.43-48
Putu Inten Kanaya, I Nyoman Putu Budiartha, Desak Gde Dwi Arini
One of the public transportation sectors affected by the COVID-19 pandemic is air transportation. Many cities or countries have imposed a system of lockdown or social distancing in their territory, resulting in almost all flights being cancelled. The purpose of this study is to analyze the form of legal protection for consumers who experience cancellations due to the COVID-19 pandemic? And discussed the form of responsibility of the air transportation company towards the obligation to refund air transportation departure tickets that were canceled due to the covid-19 pandemic. This study uses normative law as its method with conceptual and legislation as its approach. There are three sources used in this research, namely primary, secondary, and tertiary legal materials. The legal materials contain the 1945 Constitution, the Criminal Code, the Consumer Protection Act, the Aviation Law and the Disaster Management Law, the Minister of Transportation, Government Regulations, legal journals, and other legal-related literacy. These materials are collected by means of recording techniques, file systems, and document studies which will later be analyzed systematically. The forms of legal protection listed in the results of this study show a form of legal protection for consumers who experience cancellation of departures due to the COVID-19 pandemic in the form of rights and consumer obligations described in Law no. 1 of 2009 regarding Aviation and Law no. 8 of 1999 regarding Consumer Protection. The responsibility of the air transportation company for the obligation to refund flight departure tickets that were canceled due to the covid-19 pandemic is to apply a refund mechanism in the form of vouchers
{"title":"Perlindungan Hukum terhadap Konsumen atas Pembatalan Tiket Keberangkatan Pengangkutan Udara Akibat Pandemi Covid-19","authors":"Putu Inten Kanaya, I Nyoman Putu Budiartha, Desak Gde Dwi Arini","doi":"10.22225/juinhum.3.1.4636.43-48","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4636.43-48","url":null,"abstract":"One of the public transportation sectors affected by the COVID-19 pandemic is air transportation. Many cities or countries have imposed a system of lockdown or social distancing in their territory, resulting in almost all flights being cancelled. The purpose of this study is to analyze the form of legal protection for consumers who experience cancellations due to the COVID-19 pandemic? And discussed the form of responsibility of the air transportation company towards the obligation to refund air transportation departure tickets that were canceled due to the covid-19 pandemic. This study uses normative law as its method with conceptual and legislation as its approach. There are three sources used in this research, namely primary, secondary, and tertiary legal materials. The legal materials contain the 1945 Constitution, the Criminal Code, the Consumer Protection Act, the Aviation Law and the Disaster Management Law, the Minister of Transportation, Government Regulations, legal journals, and other legal-related literacy. These materials are collected by means of recording techniques, file systems, and document studies which will later be analyzed systematically. The forms of legal protection listed in the results of this study show a form of legal protection for consumers who experience cancellation of departures due to the COVID-19 pandemic in the form of rights and consumer obligations described in Law no. 1 of 2009 regarding Aviation and Law no. 8 of 1999 regarding Consumer Protection. The responsibility of the air transportation company for the obligation to refund flight departure tickets that were canceled due to the covid-19 pandemic is to apply a refund mechanism in the form of vouchers","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127750914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4746.204-209
Dendy Martono Prabowo, I. N. Sugiartha, Ida Ayu Putu Widiati
he outbreak of the 2019 Coronavirus Disease that entered Indonesia which can be overcome by giving vaccines to the Indonesian people who meet the criteria according to the applicable law. However, the government requires the vaccination to be applied to all Indonesian citizens, even those with a history of disease, the government should guarantee the rights of everyone with the consent and without the slightest coercion in the voluntary vaccination process. This study aims to reveal criminal sanctions against medical personnel who force the implementation of the COVID-19 vaccine for people who have a history of illness. This study uses a normative juridical method by using a statutory problem approach. The sources of legal materials used are primary legal sources and secondary legal sources. The collected legal materials were analyzed systematically with descriptive presentation. Based on the results of the existing analysis, this study reveals that medical personnel who provide vaccines to people who have a history of illness can be said to have committed serious negligence which resulted in the recipient of the Health Service being seriously injured, the punishment for the maximum 3 (three) years in prison, even if it causes death, will be sentenced to 5 years. (five) years in accordance with the provisions of the Law of the Republic of Indonesia Number 36 of 2014 concerning Health Worker.
{"title":"Sanksi Pidana Terhadap Tenaga Medis yang Memaksa Memberlakukannya Vaksin Covid-19 bagi Masyarakat yang Memiliki Riwayat Penyakit","authors":"Dendy Martono Prabowo, I. N. Sugiartha, Ida Ayu Putu Widiati","doi":"10.22225/juinhum.3.1.4746.204-209","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4746.204-209","url":null,"abstract":" \u0000he outbreak of the 2019 Coronavirus Disease that entered Indonesia which can be overcome by giving vaccines to the Indonesian people who meet the criteria according to the applicable law. However, the government requires the vaccination to be applied to all Indonesian citizens, even those with a history of disease, the government should guarantee the rights of everyone with the consent and without the slightest coercion in the voluntary vaccination process. This study aims to reveal criminal sanctions against medical personnel who force the implementation of the COVID-19 vaccine for people who have a history of illness. This study uses a normative juridical method by using a statutory problem approach. The sources of legal materials used are primary legal sources and secondary legal sources. The collected legal materials were analyzed systematically with descriptive presentation. Based on the results of the existing analysis, this study reveals that medical personnel who provide vaccines to people who have a history of illness can be said to have committed serious negligence which resulted in the recipient of the Health Service being seriously injured, the punishment for the maximum 3 (three) years in prison, even if it causes death, will be sentenced to 5 years. (five) years in accordance with the provisions of the Law of the Republic of Indonesia Number 36 of 2014 concerning Health Worker.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128360139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4629.1-7
I Ketut Gede Suardana, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti
The existence of cooperative organizations is very beneficial for the economic interests of community members. The purpose of this study was to analyze the causes of non-performing loans in Merta Sari Savings and Loans cooperatives in North Denpasar and to discuss problem solving through restructuring methods at Merta Sari Savings and Loans cooperatives in North Denpasar. The type of research used is empirical law. This study uses a conceptual and sociological case approach. Sources of data are both primary data which is field data (field research), as well as secondary data from the library (library research). The data collection technique used interview techniques at the research location, namely the Merta Sari Savings and Loans Cooperative in North Denpasar. The results of the study explained that the factors that caused the occurrence of non-performing loans in the Merta Sari Savings and Loans Cooperative were several things that became a problem in completing the loan, there were several debtors who experienced a disaster which hit the debtor's business so that the debtor suffered losses and lacked good faith from the debtor so that it was not direct impact on the smooth running of ongoing credit payments and the lack of a management in financial management. In handling non-performing loans, the Merta Sari Savings and Loans Cooperative takes steps to resolve non-performing loans using the credit restructuring method to reduce the level of non-performing loans that occur in the Merta Sari Savings and Loans Cooperative. Credit restructuring is an improvement effort made to meet its obligations
{"title":"Penyelesaian Kredit Bermasalah dengan Metode Restrukturisasi Pada Koperasi Simpan Pinjam Merta Sari di Denpasar Utara","authors":"I Ketut Gede Suardana, I Nyoman Putu Budiartha, Ni Made Puspasutari Ujianti","doi":"10.22225/juinhum.3.1.4629.1-7","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4629.1-7","url":null,"abstract":"The existence of cooperative organizations is very beneficial for the economic interests of community members. The purpose of this study was to analyze the causes of non-performing loans in Merta Sari Savings and Loans cooperatives in North Denpasar and to discuss problem solving through restructuring methods at Merta Sari Savings and Loans cooperatives in North Denpasar. The type of research used is empirical law. This study uses a conceptual and sociological case approach. Sources of data are both primary data which is field data (field research), as well as secondary data from the library (library research). The data collection technique used interview techniques at the research location, namely the Merta Sari Savings and Loans Cooperative in North Denpasar. The results of the study explained that the factors that caused the occurrence of non-performing loans in the Merta Sari Savings and Loans Cooperative were several things that became a problem in completing the loan, there were several debtors who experienced a disaster which hit the debtor's business so that the debtor suffered losses and lacked good faith from the debtor so that it was not direct impact on the smooth running of ongoing credit payments and the lack of a management in financial management. In handling non-performing loans, the Merta Sari Savings and Loans Cooperative takes steps to resolve non-performing loans using the credit restructuring method to reduce the level of non-performing loans that occur in the Merta Sari Savings and Loans Cooperative. Credit restructuring is an improvement effort made to meet its obligations","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125845013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4740.176-181
Ni Made Mirah Dwi Lestari, I. Budiartha, Ni Gusti Ketut Sri
Default can occur either due to intentional factors or factors beyond human capabilities, such as what happened to the Amerta Sedana Wisata cooperative, a debtor does not fulfill his agreement by being in arrears for debt payments of up to 10 months. This study aims to reveal legal protection efforts against creditors for defaulting debtors in credit agreements during the Covid-19 pandemic. The research method carried out in this writing is using empirical legal research with a statutory approach (The Statute Approach). The results obtained in this study are forms of legal protection that can be carried out in resolving defaults committed by debtors, namely by using preventive legal protection and repressive legal protection. Legal protection for creditors has been regulated based on the Civil Code Articles 1131 and 1132. In the credit agreement the Amerta Sedana Wisata Savings and Loans Cooperative more often uses non-litigation channels to resolve existing default or non-performing credit problems. Based on the discussion that has been described, the conclusion in this study is that preventive action is an action or effort taken before the occurrence of a dispute and violation of norms. Preventive legal protection is applied by following regulations. Researchers hope that in borrowing money or credit, they should understand correctly how the risks will arise in the future if there is a dispute that arises due to default.
{"title":"Upaya Perlindungan Hukum terhadap Kreditur atas Debitur Wanprestasi dalam Perjanjian Kredit pada Masa Pandemi Covid-19","authors":"Ni Made Mirah Dwi Lestari, I. Budiartha, Ni Gusti Ketut Sri","doi":"10.22225/juinhum.3.1.4740.176-181","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4740.176-181","url":null,"abstract":" \u0000Default can occur either due to intentional factors or factors beyond human capabilities, such as what happened to the Amerta Sedana Wisata cooperative, a debtor does not fulfill his agreement by being in arrears for debt payments of up to 10 months. This study aims to reveal legal protection efforts against creditors for defaulting debtors in credit agreements during the Covid-19 pandemic. The research method carried out in this writing is using empirical legal research with a statutory approach (The Statute Approach). The results obtained in this study are forms of legal protection that can be carried out in resolving defaults committed by debtors, namely by using preventive legal protection and repressive legal protection. Legal protection for creditors has been regulated based on the Civil Code Articles 1131 and 1132. In the credit agreement the Amerta Sedana Wisata Savings and Loans Cooperative more often uses non-litigation channels to resolve existing default or non-performing credit problems. Based on the discussion that has been described, the conclusion in this study is that preventive action is an action or effort taken before the occurrence of a dispute and violation of norms. Preventive legal protection is applied by following regulations. Researchers hope that in borrowing money or credit, they should understand correctly how the risks will arise in the future if there is a dispute that arises due to default.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114184714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-02DOI: 10.22225/juinhum.3.1.4642.78-82
Kevin Umbu Hiwa Ninggeding, I Nyoman Gede Sugiartha, Ni Made Sukaryati Karma
The amendment of Law Number 31 of 1999 to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is currently not in accordance with the development of lawsuits in the eyes of the public. Therefore, this research aims to analyse the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this research uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing information and explanations collected from both legislation and literature. The results of the research reveal that in the legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of cases of corruption in social assistance funds, but perpetrators of violations of social assistance corruption can be sentenced to death on the grounds that the suspect of corruption in social assistance funds made a mistake by taking funds for social assistance for personal or group interests so as to fulfil the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption.
{"title":"Sanksi Pidana terhadap Pelaku Tindak Pidana Korupsi Dana Bantuan Sosial","authors":"Kevin Umbu Hiwa Ninggeding, I Nyoman Gede Sugiartha, Ni Made Sukaryati Karma","doi":"10.22225/juinhum.3.1.4642.78-82","DOIUrl":"https://doi.org/10.22225/juinhum.3.1.4642.78-82","url":null,"abstract":"The amendment of Law Number 31 of 1999 to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption is currently not in accordance with the development of lawsuits in the eyes of the public. Therefore, this research aims to analyse the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this research uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing information and explanations collected from both legislation and literature. The results of the research reveal that in the legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of cases of corruption in social assistance funds, but perpetrators of violations of social assistance corruption can be sentenced to death on the grounds that the suspect of corruption in social assistance funds made a mistake by taking funds for social assistance for personal or group interests so as to fulfil the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Criminal Acts of Corruption.","PeriodicalId":197649,"journal":{"name":"Jurnal Interpretasi Hukum","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132208834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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