Collateral Object Research Articles

KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN)

Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.

Prosedur Pengambilalihan Obyek Jaminan Hak Tanggungan dalam Masalah Kredit Macet

This research aims to find out that the objects of collateral that have experienced credit or credit can be taken over by PT. Bank Mandiri (Persero) Tbk Branch of Jambi, and knowing the movement of Land Officials (PPAT) in the making of guarantees taken over by PT. Bank Mandiri (Persero) Tbk Jambi Branch. The research method used was disciplinary. The results of the research were done after the execution of the insurance coverage through auction and not to sell the news to PT. Bank Mandiri (Persero) Tbk Jambi branch can carry out the takeover of insurance coverage or as an ODA through auction by signing the takeover agreement between the bank and the facility or making news about the settlement of the February 2016 debt. The role of the PPAT is to create a Sales Act (AJB) which is the legal basis for the right to transfer land rights in the takeover of insurance benefits.

THE MOVEABLE GOODS AS A COLLATERAL OBJECT IN WAREHOUSE RECEIPT SYSTEM

<p>The Law of Warehouse Receipt (Act No. 9/2006 about Warehouse Receipt System) has defined a new collateral object called Warehouse Receipt. Warehouse Receipt is a proof of ownership of a commodity that can be negotiable, exchanged and pledged. This article used Normative Juridical Assessment by assessing and analyzing the primary, secondary and tertiary legal material. It is related to the Law of Banking, generally in collateral, and particularly in Act No. 9/2006 about Warehouse Receipt System. Warehouse Receipt as a negotiable instrument can be classified into moveable goods. Such classification is based on an argument that Warehouse Receipt has an economical value. Thus, it can be used as a collateral object. Warehouse receipt as a pledged moveable good may comply with the terms of execution in pledge.</p>

Granting of Loans Cooperative to Members who Affected by Flood (Study in KSP Forma Branch of Cirebon)

In this research using normative juridical approach reviewing and view and analyze problems based on the principles and the principles of law. Once we examine Cooperative Forma, found the research to solve the problem, namely (1) Cooperative Forma will provide loans conditional on the existence of collateral both objects move or do not move the location of the object collateral is never experienced flooding or close to the river, (2) Cooperative Forma will provide relief penalties and interest for the members of the flooded rice fields or fields that can to repay the loan.Keywords: Cooperatives; Loans; Jams; Natural Factors.

Criminal Law Protection Of Giving Rights Of Liability Is Not The Debtor

In the practice of the loan agreement with collateral Mortgage made by banks as creditors, so if the debtor defaults in performing its debt to the creditor, the creditor has the right to make the execution of security object Encumbrance with its own power after first obtaining fiat yustitsia of the chairman of the court country where the land is located. In case of dispute the auction execution of mortgage security object between the Bank as the creditor with Zn as the debtor, as creditors of the bank's declared to have violated provisions of the law in the execution of security object security rights belonging to the debtor Zn. But in fact the execution and the execution of the auction object of mortgage collateral is in accordance with the provisions of Article 6 and Article 20 UUHT No. 4 of 1996 and also in accordance with the provisions and procedures of the auction procedure execution security object security rights under the laws of the auction. The problems addressed in this study is how to legality and legal power auction object execution Mortgage guarantees made at the request of creditors certificate holder.Keywords: Legal Protection, Criminal, and Encumbrance .

Batasan Rumah Susun Yang Dijadikan Agunan Pada Bank

Abstract: This article discusses existence and the authority of certificate executorial of guarantee right to ownership right of apartment as loan collateral in credit agreement in bank. The law of Apartment has become object of collateral which can be burdened with the law of Guarantee Right and can only be subject of ownership right on apartment because it is an independent property. The legal consideration of execution for guarantee right on apartment is stipulated in article 20 of the law, in which object of guarantee right is sold through public auction and certificate holder of guarantee right is entitled to take all or part of the revenue to pay debts with the right before other creditors. The article suggests that when applying the principle of prudence, banks would not be able to channel loan or credit without collateral. Ownership right on apartment may be used as object of credit collateral and bound with guarantee right.
 Key words: Apartment, collateral, credit

Legal Protection For Debtors In Selling Of Immovable Guaranteed Objects Below The Market Price In Indonesian Positive Law

The difference price that occurs, in the implementation of execution of the debtor’s collateral object, the creditor should pay attention on the debtor’s right, ie the debtor should get a normal price on the guaranteed good which is being executed. It is related to the debtor's obligation, in case that the object’s price is under the value of the debt. The issues raised in this study are how the process of selling immovable goods under the positive law in Indonesia, How the actions that can be done by the debtor if the guaranty is sold by the creditor below the market price, How legal protection for the debtor in selling the immovable goods under the provisions of Indonesia's positive law. The research method used was normative juridical research with approach of law, concept, and case study. The results of this study found that, first, the initial procedure in selling the immovable goods is through an auction request. The auction request is made by the seller, in this case the creditor. Second, if the sale is conducted through auction, it can be requested for loss of a lawsuit against the law only found any mistake in the implementation of auction procedures. And third, these aspects include: Debtor position related to the determination of the limit value, the position of the debtor in the event of auction cancellation; The position of the debtor in the case of the sale of a guaranteed underhand object; and the position of the debtor when the item has been sold and is in a third party.Keywords: Protection; Sale; Positive Law; Immovable Objects

The Moveable Goods as a Collateral Object in Warehouse Receipt System

The Law of Warehouse Receipt (Act No. 9/2006 about Warehouse Receipt System) has defined a new collateral object called Warehouse Receipt. Warehouse Receipt is a proof of ownership of a commodity that can be negotiable, exchanged and pledged. This article used Normative Juridical Assessment by assessing and analyzing the primary, secondary and tertiary legal material. It is related to the Law of Banking, generally in collateral, and particularly in Act No. 9/2006 about Warehouse Receipt System. Warehouse Receipt as a negotiable instrument can be classified into moveable goods. Such classification is based on an argument that Warehouse Receipt has an economical value. Thus, it can be used as a collateral object. Warehouse receipt as a pledged moveable good may comply with the terms of execution in pledge.

Indonesian Law Development on Housing Collateral

Abstract The collateral law is a provision and rule of law governing the legal relationship between the receiver and the receivable of credit by charging a guarantee. Then in about the loading of Flats with Rescue Rights. Therefore, based on the provisions of Article 27 on mortgage law, the Flats are no longer possible guaranteed by Mortgage and Fiduciary, since the object of collateral with Mortgage and Fiduciary in flats act has become the object of collateral which is burdened with mortgage right by mortgage law. The Right to Land in the Flats can not be burdened with the mortgage right, because it is a collective land, it is only possible to be guaranteed with the Mortgage right only by the Developer at the time of building the flats, but when it was established the flats, it is no longer possible Burdened with a mortgage, which may be just the Property of the Housing Unit because it is the possession of a person who is the things that stand on the ground together.

LEGAL STATUS OF BANK GUARANTEE ON BEHALF OF THIRD PARTIES IN BANKRUPTCY PERSPECTIVE

<p align="center"><strong>Abstract</strong></p><p>This study aimed to observe the legal status of the immovable that became a bank guarantee on behalf of third parties in the bankruptcy and whether the curator has the authority to insert objects that have been done Collateral guarantees which Foreclosed (hereinafter referred AYDA) prior to the bankruptcy decision boedel into bankruptcy.The method used is a normative research using three approaches: statute approach, conceptual approach, case approach, and analyzed "conten analysis". Based on the discussion of the results of research obtained the following conclusions: 1). The collateral property of a third party cannot be entered as boedel bankrupt debtor, as a third party guarantee is not a property of the Borrower; It is used as the basis of legal considerations (ratio decidendi) for the judges to decide the case of bankruptcy among Curator Albert Riyadi Suwono (applicant bankruptcy) with PT. Anglomas International Bank (AMIN BANK). 2). Curators do not have the authority to push objects of collateral that has been done AYDA prior to the bankruptcy decision into boedel bankrupt (pursuant to Article 56 Paragraph (1) the Bankruptcy Law that provides a period of suspension of execution rights guarantees security rights 90 (Ninety) days. In order not occur: legal norms are vague (vegen norm) and the conflict of norms and have an impact on the lack of legal certainty. Hence the need to revise the unprotected substrate of law No. 37 of 2004 on Bankruptcy and PKPU. Particularly with respect to Article 55 paragraph (1) and Article 56 paragraph (1).</p><p><strong>Key words: </strong>legal status, bank guarantee, foreclosed properties, third party</p>

Debt and Its Attachments: Collateral as an Object of Knowledge in Nineteenth-Century Liberalism

AbstractThis essay partakes in the dialogue between history, anthropology, and social theory on the topic of debt as a social relation. Drawing on sources from nineteenth-century Switzerland, it examines everyday routines of debt collection in liberalism by taking the seized collateral object to the center of historical analysis. It is shown how the attached goods in a debtor's household became an object of knowledge for nineteenth-century framers of law as well as for ordinary debtors. I make use of anthropological theory in order to describe the legal techniques of delineating and extracting collateral, and show how these legal techniques implied specific knowledge practices. I then look at two borderline cases of collateralization: the pawning of mobile goods and the imprisonment of insolvent debtors. Further, I discuss how, by the 1880s, the limits of debt collection were debated, when certain goods were exempt for seizure in a projected federal law. Overall, on an epistemological level, debt collection appears as a double movement: it provided basic tools to untangle property relationships, yet all the while it created new, unpredictable complications. Thus debt collection was a distinctive arena in which the uneasy conceptual relationship between people and things in nineteenth-century liberalism unfolded. From this conceptual node I propose a historical epistemology of the collateral object.

PERLINDUNGAN HAK-HAK KREDITUR DALAM HAL ADANYA PENGALIHAN BENDA JAMINAN OLEH PIHAK DEBITUR

The development of era requires people to move forward. One of them is the progress in the field of business that requires additional funding from the Bank. Extension of credit by the Bank generally will be accompanied by additional collateral in the form of movable or immovable objects. Collateral with moving objects is referred to as fiduciary collateral. Article 23 paragraph (2) of the Fiduciary Law No. 42 of 1999 states that the Giver of Fiduciary may not assign, pledge, or lease to another party objects into objects that do not constitute Fiduciary inventory objects, except with the prior written consent of the Beneficiary of Fiduciary . In fact, there are debtors who transfer their objects of collateral that resulted in losses to the Bank. Based on the gap between the das Sein and the das Solen, then it can be formulated problems of how the protection of the rights of creditors in the case of the transfer of collateral objects by the debtors to a third party and what legal actions can be taken by the creditors in the event of the objects of fiduciary collateral are transferred to any third parties by the debtors at the time of execution of the fiduciary security object.

Penjaminan Hak Cipta Melalui Skema Gadai dan Fidusia

This study focuses on the issues of firstly whether the Intellectual Property Rights (IPR) particularly copyrights can be used as collateral debt/credit? Second, whether the copyright can be used as collateral debt/credit through a scheme of pawn guarantee? and third, whether copyright can be used as collateral debt/credit through a scheme of fiduciary guarantee? This is a normative research with legislation and conceptual approach. The result of the study concluded that first; Intellectual Property Rights (IPR) in particular copyright has been legalized as the collateral object through fiduciary scheme under Article 16 of Law No. 28, 2014. IPR in the form of tangible material can be bound with the pawn and/or fiduciary guarantee. While the Intellectual Property Rights in the intangible or non-material form can only be bound by fiduciary guarantee. Second, the Copyright in the form of material or tangible objects in the perspective of the Guarantees Law can be used as collateral guarantee through the pawn scheme. However, Law No. 28 of 2014 regulates completely about this matter. Third, the Copyright in the form of intangible or immaterial objects in the perspective of the Guarantee Law can be used as the collateral guarantee through fiduciary scheme as stipulated in Article 16 of Law No. 28, 2014. However, the implementation of these rules in the banking sector is still constrained as there has been no revision of the Bank Indonesia Regulation (PBI) No. 9/6 / PBI / 2007 in terms of the bank credit collateral.

MENGUJI ASAS DROIT DE SUITE DALAM JAMINAN FIDUSIA

The principle of droit de suite is one of the most important principles in the law of guarantee,especially in fiduciary security. The principle implies that the rights of the creditor as therecipient of the fiduciary objects continue to follow the object of guarantee, wherever theobject is, to guarantee the repayment of the debts of the debitor. The rights which are ownedby the creditor as the recipient of fiduciary security in the principle seem to be absolute, butin fact if it is related to de practice, the principle of droit de suite has certain limitations.The limitations of this principle is whon it is faced with higher interest, the individual rightsowned by the recipient of fiduciary must succumb, as in the case of illegal logging, whichonce was decided to test the Forestry Law by the Constitutional Court (Case DecisionNumber 012/PUU-III/2005). Although the State can perform fiduciary deprivation of theobject which is used for committing illegal logging, but from the aspect of material criminallaw, it cannot be done immediately to destroy the object of guarantee, since object of thefiduciary collateral, is not considered a dangerous thing. Whereas, from the legal aspects ofcriminal procedure, if the case has been decided, then there is a duty of the State to returnthe object of fiduciary to those who own it.From the aspect of civil law, the creditor as recipient of fiduciary who feel harmed as aresult of illegal logging practices may have standing to sue for damages under Article 1365of Burgerljik Wetboek. The provision is used, because the act of illegal logging is an actagainst the law and there are losses caused to the recipient of fiduciary.

Comment on “Populism, Paranoia, and the Politics of Free Silver”

Let me begin with the bottom line: Samuel DeCanio has addressed a very important topic, skillfully crafted an argument, and marshaled an impressive body of evidence behind his thesis. The result is a significant addition to the literature on American political development on several different levels. And that is so despite the fact that I believe his interpretation extends beyond the evidence in some respects. This comment addresses both these extensions and, as a collateral objective, suggests that the way in which we reconstruct political situations and causal relationships is inevitably an art, not a science.

Massachusetts quilts: our common wealth

Massachusetts Quilts: Our Common Wealth. Edited by Lynne Zacek Bassett. Hanover: University Press of New England, 2009. 336 pages $60.00 (hardcover). LynneBassett, with ten other contributors, offers a fascinating study of Massachusetts quilts in the context of history, genealogy, local industry, and textile production in the handsomely presented Massachusetts Quilts: Our Common Wealth. Including only a small percentage of the nearly 6,000 Massachusetts quilts they (and the many members of the Massachusetts Quilt Documentation Project) have studied since 1994, a wide range of techniques, fabrics and designs are represented in a thorough and carefully documented historical context. The research findings are divided into three major thematic sections: History, Community, and Memory. Approached much like an exhibition catalogue, introductory essays provide an overview of each of the three divisions and are followed by illustrated examples discussed in detail. Geographical distinctions create the divisions under History and include some of the first extant quilted objects known in Massachusetts: pieced cloth-covered hand screens and petticoats, as well as whole cloth quilts and a quilted palampore dating 1825 to 1850. Quilting gatherings, agricultural fairs, and immigrant and ethnic communities are a few of the themes that organize the section under Community; and Friendship and Signature Quilts provide two of the themes designated Memory. Bassett and her major contributors (each a textile curator, quilt historian, or independent historian) emphasize the historical context for each quilted object (documenting genealogy, researching family stories, referencing dying and textile history, citing relevant economic and industrial circumstances) with their visual description of the textiles, the patchwork or applique pattern and the quilting design of the works. The attentive descriptions of the quilts encourage careful looking on the part of the reader and the contextual history keep these works firmly planted in the history of Massachusetts. The volume's coffee table book format provides room for photographs of the entire quilted object that beautifully illustrate the textural surface of many of the works. Portrait photographs, contemporary images of relevant historic sites, details of some quilts, and line drawings articulating the quilted designs also provide welcome information. However, any non-scholarly connotations associated with the term 'coffee table book' do not apply to Massachusetts Quilts. Family oral histories are challenged and documented as factual or dispelled, references to current quilt history research appears throughout, provenance is carefully documented, collateral objects (e.g. merchants' sample swatch books and family memorabilia) shed greater light on the context of the quilt's creation, and diary entries documenting contemporary quilting activities reveal how quilts and quilting fit into the daily life of eighteenth and nineteenth century women. …

Flow distribution on the shellside of a cylindrical shell and tube heat exchanger

Shellside cross-flow velocity distributions and pressure drops within the tube bundle of an E-type segmented baffle model cylindrical shell and tube heat exchanger have been measured using a neutral-density particle-tracking technique and pressure tapped instrument tubes respectively. Shellside flow Reynolds numbers were varied in the range 301–2177. The measurements were confined to one interbaffle space (the fifth downstream of an eight baffle tube bundle). Only one baffle cut was employed (25 percent). In the context of multistream modeling of the shellside flow, the experiments were designed to shed light on the magnitude of and variation in the cross-flow component of the shellside flow within the tube bundle. Comparison of the measured pressure-drop distributions, interpreted as corresponding cross-flow velocity distributions, with direct cross-flow velocity measurements lends credibility to the application of pressure-drop correlations for flow across tube bundles and further clarifies the nature of shellside flow. A collateral objective was to investigate the relationship between the characteristics of cross-flow within the bundle and the more readily observable cross-flow behavior in the bypass region. In addition, the results were used to test an empirical method of predicting overall cross-flow fractions in tube bundles. The results show a marked heterogeneity of the cross-flow in the plane of velocity measurements (a central, horizontal pass partition lane) and provide pointers for the refinement of computer models of shellside flow behavior.

Compulsory Purchase—Collateral objects and Irrelevant Considerations

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IX. A Chemical Account of an Aluminous Chalybeate Spring in the Isle of Wight.

The accurate analysis of a mineral water, although attended with considerable difficulty and labour, muft be allowed, in a general point of view, to be an object of so little importance, that unless there be some interesting medical question to investigate, or some new analytical methods to point out in the course of the inquiry, it may be questioned whether researches of this kind are worth the time and attention which they require, or deserve to be placed amongst the records of natural science. Having thought it necessary, in the present essay, to confine myself to the natural and chemical history of the spring in question, without any digression upon its medicinal qualities, and being well aware that chemical details are considered by geologists merely as collateral objects, some apology may be required for the length of this communication. But if the relation which the history of mineral waters bears to geological and mineralogical inquiries, and the peculiarities of composition for which this spring is remarkable, entitle the subject to the attention of this Society, I hope that the general views and investigations which I have occasionally introduced respecting the analysis of mineral waters, and the composition of several salts connected with this inquiry, will be deemed a sufficient excuse for having thus expanded an account from which they were almost inseparable. It is about two years since my attention was directed to this chaly­beate spring by Dr. Saunders, to whom in consequence of his valuable treatise on mineral waters,