scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PERJANJIAN FIDUSIA

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 81-97
Author(s):  
Moya Nurmelinda
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Analysis Techniques ◽  
Movable Object ◽  
Scientific Papers ◽  
Secondary Data Sources ◽  
Using Data ◽  
Ownership Rights

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. While the Fiduciary guarantee in accordance with Article 1 paragraph 2 of Law no. 42 of 1999 is a security right on a movable object, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to fiduciary and mortgage rights. The results in this research can beexplained that as referred to in Act No. 4 of 1996 concerning Mortgage Rights which remains in the control of the fiduciary, as collateral for the repayment of certain debts and gives priority to other creditors. Fiduciary guarantees can be carried out and stipulated in afiduciary certificate which is authorized by a notary. With this certificate, it can also be used as a protection for both parties, both as a borrower and as a lender, no one is harmed.

scholarly journals Proses Pembuatan Akta Jaminan Fidusia Menggunakan Kendaraan Bermotor Yang Masih Dalam Proses Inden Sebagai Jaminannya

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 162
Author(s):  
Raymond Bagus Nurchandra ◽  
Retno Murni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Purchase Order ◽  
Analysis Techniques ◽  
Proof Of Ownership ◽  
Secondary Data Sources ◽  
The Law

The purpose of this research is to determine the validity of a fiduciary security deed using a motorized vehicle that is still in the indent process as a guarantee. This type of research is empirical legal research which is based on primary data sources and secondary data sources. Then the conclusions are drawn through descriptive analysis techniques. The results show that a motorized vehicle that is still in the pivoting process can be charged with a fiduciary guarantee, but the debtor must attach proof of the order given by the dealer The part that will pay the vehicle in full to the dealer is the bank and after the proof of payment is given in full, the proof must be presented in front of a notary. The debtor must also make his own statement if the BPKB has been issued, it must be immediately submitted to the bank. The validity of a fiduciary guarantee deed that uses a motorized vehicle that is still in the pivot process as evidence is legally recognized because in the provisions of the explanation of article 6 letter c of the Law on Fiduciary Security does not clearly emphasize the existence of BPKB ownership so that proof of purchase orders can already be obtained. used as proof of ownership of a motorized vehicle that is still in the process of being indented.   Tujuan dari penelitian ini adalah untuk mengetahui keabsahan suatu akta jaminan fidusia yang menggunakan kendaraan bermotor yang masih dalam proses inden sebagai jaminannya. Jenis penelitian yang digunakan adalah penelitian hukum empiris yang didasarkan pada sumber data primer serta sumber data sekunder kemudian ditarik kesimpulannya melalui teknik analisis deskriptif. Hasil penelitian menunjukan bahwa kendaraan bermotor yang masih didalam proses inden dapat dibebankan dengan jaminan fidusia namun pihak debitor harus melampirkan bukti pemesanan kendaraan bermotor tersebut yang diberikan oleh pihak dealer. Pihak yang akan membayarkan kendaraan tersebut secara lunas kepada dealer adalah pihak bank dan setelah diberikannya tanda bukti pembayaran secara lunas tersebut maka bukti tersebut harus dipaparkan dihadapan pihak Notaris. Pihak debitor juga harus membuat surat pernyataan sendiri jika BPKB sudah terbit maka harus segara diserahkan kepada pihak bank. Keabsahan suatu akta jaminan fidusia yang menggunakan kendaran bermotor yang masih dalam proses inden sebagai alat bukti diakui sah secara hukum karena didalam ketentuan penjelasan Pasal 6 huruf c Undang-Undang tentang Jaminan Fidusia tidak menekankan secara jelas harus adanya kepemilikan BPKB sehingga bukti purchase order saja sudah dapat digunakan sebagai suatu bukti kepemilikan kendaraan bermotor yang masih dalam proses inden.

scholarly journals ASPEK HUKUM WASIAT WAJIBAH UNTUK AHLI WARIS ANAK KANDUNG YANG BERBEDA AGAMA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 51 K/AG/1999

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 136-147
Author(s):  
Wahyu Darmawan
Keyword(s):  
Research Methods ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Inheritance Law ◽  
The Supreme Court ◽  
Scientific Papers ◽  
Using Data ◽  
Religious Other ◽  
To Receive ◽  
Religious Differences

The barrier to inheritance or mawani 'al-irth is a barrier to the implementation of inheritance between the heir and his heirs. One of the barriers to the implementation of war is religious differences. Religious differences are one of the barriers that can cause a person to not be able to receive inheritance from someone who has died. The existence of these religious differences becomes a barrier to inheritance which has been explained based on a hadith of the Prophet Muhammad SAW: "It is not right for a Muslim to respect an infidel, nor do an infidel respect a Muslim" (HR Bukhari & Muslim). Research Methods in this scientific papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. From the results of the research that has been done, it can be concluded that the position of non-Muslim children on the inheritance of heirs who are Muslim is not as heirs because Islamic Inheritance Law does not recognize the existence of heirs to people of different religions (nonMuslims).However, according to the Panel of Judges and, according to Islamic inheritance law, heirs who are not Muslim, cannot be heirs, but because Islamic inheritance law in Indonesia contains an egalitarian principle, relatives who are religious other than Islam who have blood relations with the heirs can get the share of inheritance by using a mandatory will without exceeding the share of heirs who are equal to it, this is in accordance with the Decision of the Supreme Court.

scholarly journals Persepsi Masyarakat Hindu Terhadap Keberadaan Pasraman Formal Di Bali

2020 ◽  
Vol 10 (1) ◽  
pp. 235
Author(s):  
Ni Komang Sutriyanti
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Sampling Techniques ◽  
Learning Method ◽  
Descriptive Data ◽  
Analysis Techniques ◽  
Secondary Data Sources ◽  
Using Data

This paper aims to analyze the perception of Hindu society on the existence of formal pasraman (Hindu style of education) in Bali. The research method used is namely the type of qualitative research. This research of descriptive data with primary and secondary data sources and the technique of determining informants using purposive sampling techniques. Methods of data collection using observation techniques, interviews, literature studies, and documentation, as well as using data analysis techniques and presentation techniques of data analysis results. The results showed that first, the background of the establishment of a formal pasraman include juridical background, religious, and needs. Second, the learning method uses is catur pramana learning method. Third, the perception of Hindu society on the existence of formal pasraman is still low due to a lack of understanding as a whole, therefore it is necessary to socialize the existence of formal pasraman.Keywords: perception, learning methods, catur pramana, formal Hindu pasraman

scholarly journals PERTIMBANGAN HAKIM TERHADAP PERKARA CERAI GUGAT SUAMI GHAIB DAN AKIBAT HUKUMNYA DI PENGADILAN AGAMA KARAWANG

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 224-235
Author(s):  
Singgih Hasanul Baluqia ◽  
Puti Priyana
Keyword(s):  
Research Methods ◽  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Scientific Papers ◽  
The Status ◽  
Long Time ◽  
Using Data ◽  
Husband And Wife

Marriage is a sacred bond between a man and a woman as husband and wife. With the aim of creating a sakinah household, mawaddah wa rahmah. However, in reality there are many incompatibilities that happened between husband and wife in a journey of household, which in the end leads to not achieving the purpose of marriage which ends in divorce. There are many factors that trigger the occurrence of divorce, one of which is the disappearance of one party by leaving the other party without giving news for a long time and resulting in uncertainty about the status of the abandoned marriage. The purpose of this study is to find out and examine how judges consider divorce cases against unseen (ghaib) husbands and their legal consequences at the Karawang Religious Court. Research Methods in this scientific papers using normative juridical research methods. As well as using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases against unseen husbands, as well as secondary legal materials such as books. , journals, articles, and other legal doctrines. The results of the research that have been carried out basically in the judge's decision on the divorce case with the unseen husband which is the basis for the judge's consideration is the absence of the defendant whose his existence are unknown, namely the waiting period or iddah for the Plaintiff is set for at least 90 (ninety) days from the verdict has permanent legal force as intended by Article 11 paragraph (1) and paragraph (3) of Act Number 1 of 1974 jo. Article 39 Government Regulation Number 9 of 1975 paragraph (1) letter (b) jo. Article 153 paragraph (2) letter (b) and Article 153 paragraph (4) Compilation of Islamic Law (KHI), and the issuance of a certificate of occultation from the local village.

scholarly journals Akuntabilitas Penatausahaan, Pelaporan Dan Pertanggungjawaban Dana Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 523-542
Author(s):  
Sri Ayu Saputri ◽  
Nurzi Sebrina ◽  
Vita Fitria Sari
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
The Public ◽  
Analysis Techniques ◽  
West Sumatra ◽  
Qualitative Descriptive ◽  
Village Government ◽  
The Village

This study aims to determine how Administration, Reporting and Accountability of Dana Nagari in Batang Anai District, Padang Pariaman Regency, West Sumatra Province. There are three (3) aspects in village funds, administration, reporting and accountability. To achieve these objectives, descriptive qualitative research methods are used. Data sources are primary data and secondary data. Data collection techniques are carried out by observation, interviews, and documentation using qualitative descriptive analysis techniques. The results of the study show: (1) Administration carried out by the treasurer in the form of receipts and expenditures which are recorded in the general cash book, bank book, income details book, and financing details book which is equipped with receipts. (2) Reporting that the delay in disbursing village funds was due to the late regulation of the Regulations of the Regent of Padang Pariaman which caused the disbursement of stage I and phase II village funds to be delayed too late. (3) Accountability Submission of accountability reports to the public through various media, such as websites and billboards. Submission through this media can make it easier for the public to obtain information about the performance of the village government.

scholarly journals Pembelajaran Seni Kaligrafi Berbasis Eksperimen Kimia di Sekolah Dasar Negeri 8 Kawunglarang Rancah Kabupaten Ciamis

2021 ◽  
Vol 15 (1) ◽  
pp. 69
Author(s):  
Siti Sopiah
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Data Presentation ◽  
Analysis Techniques ◽  
Three Stages ◽  
Secondary Data Sources

Learning the art of calligraphy based on chemical experiments is an activity of learning the art of calligraphy in developing the potential of students to foster creativity, instill value, and develop productive abilities by using harmless materials, namely using colored plants. The purpose of this research was to determine the process and to obtain calligraphy work in learning the art of calligraphy based on chemical experiments. The type of method used in this research is field qualitative research. The data sources in this study were divided into two: first, primary data sources consisting of the principal, educators, and students of SDN 8 Kawunglarang Rancah; second, secondary data sources obtained through tracing of various references. Furthermore, the data collection instruments used were observation, interviews, and documentation, as well as the data analysis techniques used, namely through three stages including data reduction, data presentation, and drawing conclusions. The results of this study indicate that the process of learning the art of calligraphy based on chemical experiments includes the planning, implementation, and evaluation stages. The work of SDN 8 Kawunglarang students is still in the basic stages so there are several mistakes in its making.

scholarly journals Analisis Konsikwensi Terhadap Kelemahan Konsep Akad Dalam Kompilasi Hukum Ekonomi Syariah

2020 ◽  
Vol 8 (02) ◽  
pp. 216
Author(s):  
Abdur Rahman Adi Saputera ◽  
Mohamad Ramdan Suyitno ◽  
Muhammad Syakir Alkautsar
Keyword(s):  
Qualitative Research ◽  
Analytical Approach ◽  
Secondary Data ◽  
Research Literature ◽  
Data Sources ◽  
Analysis Techniques ◽  
Art Form ◽  
Library Research ◽  
Secondary Data Sources ◽  
Massive Information

This study aims to analyze how the consequences of the weaknesses of the contract concept as stated in the KHES, and how the solutions to the weaknesses of the contract concept are. This research is a qualitative research library research (literature review) with a descriptive-analytical approach which is strengthened by primary and secondary data sources, while the data analysis techniques used are inductive, deductive, and comparative. The results showed that the consequences of the weaknesses of the contract concept in KHES were; Different interpretations, Sharia economic disputes are not resolved, the parties are harmed and do not provide massive information. While the solution to the weakness of the concept of the contract in article 25 paragraph (2) is that the solution to the clarity of the meaning of sighat al aqd is to provide a comparison with the sighat al-aqd that is in muamalah fiqih as KHES absorption adheres to these rules. More precisely, the contract must be carried out clearly, in oral, written and/or art form, and for the harmony of the mudharabah agreement Article 232 it is customary to add the object of the contract, and the main purpose of the contract as one of the pillars in the contract, as well as adding the provisions of the qardul hasan contract to book II. in chapter XXVII, also provides limitations in article 607, while article 347 must provide clarity in detail.

scholarly journals Kitab Shahih Bukhari (Kajian Tentang Identitas dan Relevansinya Dengan Fase Kodifikasi Hadis)

2021 ◽  
Vol 14 (2) ◽  
pp. 92-99
Author(s):  
Nurcahaya Nurcahaya
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Journal Articles ◽  
Screening Process ◽  
Analysis Techniques ◽  
Library Research ◽  
Data Source ◽  
Secondary Data Sources

This study aims to describe the book of Sahih Bukhari and the background of the codification phase of Hadith. This research uses qualitative research methods based on library research (Library Research). Sources of data in this study consisted of primary data sources and secondary data sources. The primary data source in this study is the Sahih Bukhari book written by Imam al-Bukhari, while the secondary data sources are books and journal articles related to the codification phase of hadith. Data analysis used content analysis techniques, namely by deepening the meaning in the literature quotations used. The results showed that the Sahih Bukhari book was the first book compiled containing the Hadiths of the Prophet Muhammad. This book was written in a period of approximately 16 years through a very strict screening process from 600,000 Hadith which resulted in 7,397 Hadiths contained in the book. With regard to the book, the birth of the Hadith codification movement during the era of Imam Bukhari was the dynamics of Islamic law, particularly the influence of Imam Syafi'i. In the period before Imam Syafi'i formulated a system of law making as contained in the ar-Risalah.

scholarly journals Non-Academic Achievement Improvement Through Extracurricular

2021 ◽  
Vol 7 (2) ◽  
pp. 283
Author(s):  
Aulia Diana Devi ◽  
Na’imah Na’imah ◽  
Aqimi Dinana
Keyword(s):  
Academic Achievement ◽  
Extracurricular Activities ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Data Sources ◽  
Primary Data ◽  
Online Media ◽  
Internet Media ◽  
Secondary Data Sources

<p>Extracurricular activities are one of the containers in coaching and developing students' potential. This study aims to find out the management of extracurricular activities in improving the non-academic achievement of students in Madrasah Aliah Negeri 1 Tulang Bawang Barat. The method used is descriptive analysis using qualitative approach. This research conducts data collection techniques by observation, interviews, literature studies, and internet media. This study used primary data sources obtained through interviews and secondary data sources obtained through online media. The results showed that several steps in the management of extracurricular activities, such as planning, organizing, direction / implementation and evaluation as well as evaluation. Planning is carried out by investigating the number of extracurricular activities. Organizing is carried out by coordinating all components involved in the management of extracurricular activities. The implementation is carried out by arranging and arranging in writing so that the activities carried out can be directed and run smoothly in accordance with the guidelines. And the evaluation is done through member meetings and final assessments.</p>

scholarly journals ANALISIS PENGAMBILAN KEPUTUSAN NASABAH PEMBIAYAAN MURABAHAH PADA BMT DAARUT TAUHIID BANDUNG

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Asep Suryanto ◽  
Adah Sa’adah
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Data Display ◽  
Analysis Techniques ◽  
Customer Perceptions ◽  
Descriptive Research ◽  
Secondary Data Sources ◽  
Research Show

The objective of this research was to find out what factors underlie Daarut Tauhiid BMTcustomers in applying of murabaha financing. The research method used is descriptive research method with a qualitative approach. The data sources in this study involve primary data sources and secondary data sources. Primary data sources, namely the unit head, account officer, and members of Daarut Tauhiid BMT as murabaha financing customers at the BMT. Secondary data sources involve modules, documents at Daarut Tauhiid BMT relating to the topic of research. The data analysis techniques are through the stages of data reduction, data display and data verification. The results of the research show that the factors that could underlie customer decisions in applying The results showed that the factors underlying the customer's decision in applying of murabaha financing at Daarut Tauhiid Baitul mal wa Tamwil (BMT) were images of the Daarut Tauhiid environment, reference groups, customer needs in certain situations, supporting personal work, customer perceptions of syariah compliance

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