Collateral Rights Research Articles

Legal Protection for Creditors Due to Problem Credit with Collateral Rights Guarantee

Legal consequences of the implementation of the Power of Attorney to Charge Mortgage Rights in the implementation of the Sale and Purchase Agreement by a Notary based on the main agreement, namely the Credit Agreement in Banking which is not followed by the making of a Deed of Granting Mortgage Rights and analyzing legal protection for creditors in credit agreements with the execution of mortgage guarantees if the debtor is in default for settlement due to problematic credit. Based on Article 8 of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 concerning Banking in providing credit, banks apply the principle of "5C" which is mainly to see the customer's ability to accept the credit applied for. If the debtor defaults so that problematic credit occurs, then they can file for the execution of the Mortgage Guarantee if the collateral is in the form of land or buildings for the implementation of the SKMHT along with the APHT by a Notary. The purpose of this study was to determine the regulations for debtors who are in default in credit agreements with the imposition of Mortgage Rights and legal protection for creditors in the event that the debtor is in default. By using normative-empirical research methods, data collection techniques in the form of primary data by interviewing informants as informants and secondary data in the form of documents related to the problems studied to obtain conclusions if the debtor defaults in a credit agreement with the imposition of Mortgage Rights, based on the regulations of Law No. 4 of 1996 concerning Mortgage Rights, it states that the imposition is carried out by making a credit agreement first, then the imposition of mortgage rights and registration of the Deed of Granting Mortgage Rights with a predetermined time limit. So that there is legal protection for creditors so that the debtor's debt repayment can be carried out in accordance with the provisions of the Mortgage Law concerning the creditor's right to sell the object of the mortgage right

Penyelesaian Kredit Macet dengan Jaminan Hak Tanggungan pada PT Bank Perekonomian Rakyat Pulau Punjung

Providing credit does not always run smoothly, there are some loans that are bad because debtors do not carry out their obligations properly. If bad credit is not handled properly, it will have a bad impact on PT BPR Pulau Punjung because it will disrupt cash flow in and out. This research aims to find out: (1) What is the process of resolving bad credit with mortgage guarantees carried out by BPR Pulau Punjung? (2) What are the obstacles and constraints faced by BPR Pulau Punjung in resolving bad credit with collateral? (3) What efforts have been made by BPR Pulau Punjung to resolve the problems or obstacles that occur in bad credit with mortgage guarantees? This research method is empirical and includes descriptive research. The data source was obtained from interviews. The data collection techniques were literature study and field study. The results of this research are (1) The resolution of bad credit at PT BPR Pulau Punjung was carried out very well by making various efforts to save credit and in accordance with banking procedures. (2) constraints and obstacles faced by PT. Punjung Island BPR in resolving bad credit with mortgage guarantees is difficult to meet customers, bad customer character, economic factors, the credit given is not fully used for business, the debtor is not open to creditors, the debtor is negligent in the agreement, the condition of the debtor's family is not conducive. . (3) Efforts made by PT. Punjung Island BPR in resolving the problems and obstacles that occur in bad credit with collateral rights is applying the 5C 7P and 3R principles, and BPR proposes various efforts for bad credit which can still be saved by finding out the factors causing the bad credit by re-surveying and considering returned a request to save the bad credit. In conclusion, before executing the PT guarantee. BPR has made various efforts to save bad credit so that the debtor's credibility does not decline.

Settlement of Bad Loans with Guarantee of Dependent Rights at Banks and Auction Houses Based on the Law on Dependent Rights No.4 of 1996 (Case Study: Decision No.550/Pdt/2019/PT MDN)

The interaction between economic development and the banking sector, particularly in the provision of credit, is crucial, with the resolution of non-performing loans (NPLs) being a significant issue. This study, titled "Resolution of Non-Performing Loans with Collateral Rights in Banks and Auction Houses," aims to investigate the mechanisms for resolving NPLs through the execution of collateral rights as stipulated by Law No. 4 of 1996. Utilizing Verdict No. 550/Pdt/2019/PT MDN as a case study, the research employs normative and legal analysis methods to explore the implementation of collateral rights in the auctioning of collateral assets when debtors default on their loans. The findings reveal the legal procedures and effectiveness of collateral execution in mitigating NPLs. The study concludes that the proper application of collateral rights laws can significantly aid in resolving NPLs, with implications for improving banking sector stability and credit recovery processes.

Responsibilities of a Notary in Making a Deed of Power of Attorney to Sell in a Debt and Receivable Agreement

In the debt and receivable agreement, a Power of Sale is usually also created, which sometimes gives rise to legal problems. This research aims to analyze the validity of the notarial power of attorney deed used as collateral for debts and receivables, as well as examine the civil responsibility of the Notary for the power of attorney deed made before him. The research method is normative juridical, which is analyzed qualitatively with deductive logic. The type of data used is secondary data. The results of this research are: first, The sale of collateral objects by creditors themselves can be carried out as long as the provisions of Article 20 paragraph (2) UUHT are met. selling the object of collateral rights, this agreement between the creditor and the debtor is an agreement agreed upon after a default by the debtor. In the event that the power of attorney deed that has been prepared by the creditor is signed simultaneously at the time of signing the credit agreement between the creditor and the debtor, then the power of sale deed is contrary to Articles 6 and 20 UUHT, so that such power of sale deed does not legally have any legal standing. Second, the Notary's responsibility for the deed of power of sale in a debt and receivable agreement made before him can be borne by the Notary if the error comes from the Notary, for example in the case that the author examined where Notary SN, in making the deed of power of sale, committed an unlawful act because he directed the debtor to sign the deed. which is still blank without explaining the purpose of the deed. So then the debtor is disadvantaged by the existence of the power of attorney deed, because by using the power of attorney deed, the creditor secretly transfers the debtor's collateral to a third party at a very low price, even though the debtor is not in default. In this case Notary SN can be burdened with civil liability, namely Unlawful Actions Article 1365 of the Civil Code.

JURIDICAL REASONS FOR THE ACCEPTANCE OF THE ACTIO PAULIANA APPLICATION FOR ASSETS ENCUMBERED WITH MORTGAGE RIGHTS IN DECISION NUMBER 461 K/PDT.SUS-BANKRUPT/2019.

Mortgage rights are born when registered at the National Land Agency office. The panel of judges granted Actio Pauliana’s request by canceling the credit agreement, which also resulted in the imposition of mortgage rights that had been registered. The purpose of the research is to analyze the juridical reasons for granting Actio Pauliana's request in decision number 461K/Pdt.sus-bankruptcy/2019 and to analyze the implications for creditors, namely the Bank. Normative juridical research methods with statutory approaches, conceptual approaches, and case approaches. From the results of the study, it can be concluded that the judge's reason for deciding case Number 461K/Pdt.sus-Bankrupt/2019 based on a marriage agreement that was made was not registered at the Civil Registry Office resulting in the bankruptcy of the property association which has legal implications for creditors to return it to its original state before the credit agreement occurred. PPAT has an important role, namely in the process of checking the data of the parties present along with the documents that are a requirement for making APHT before the registration of collateral rights is carried out.Keywords: Mortgage Rights; Bankruptcy; ActioPauliana.

Legal Protection For Creditors Holding Mortgage Rights On Double Certified Owned Land

This article analyzes how legal protection is for creditors holding mortgage rights on land with multiple certificates. This article was prepared using doctrinal research methods with literature study using secondary data and analyzed juridically-qualitatively by examining applicable regulations. The Mortgage Law gives the right of droit de preference or priority to creditors holding mortgage rights. However, in practice, this right is often injured by disputes over collateral rights, one of which is the dispute over the issuance of multiple certificates. In these conditions, the Land Office as the agency that issues the certificate has legal responsibility for the emergence of two certificates for land which of course is very detrimental to creditors. This is regulated in Article 54 paragraphs (1) and (2) of the Regulation of the Head of BPN RI Number 3 of 2011 concerning Management, Assessment and Handling of Land Cases. The Land Office has the obligation to cancel one of the duplicate certificates and announce it to the public. Thus, this action was taken to ensure order and certainty in land matters and maintain the integrity and public trust in the land system, as well as protect the legal position of creditors holding mortgage rights to land.

Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru

Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.

Tinjauan Yuridis atas Hak Tanggungan yang dilaksanakan secara Elektronik

Mortgage rights are collateral rights that encumber a land right to pay off certain debts, since the promulgation and enactment of Ministerial Regulation of ATR/Head of BPN No. 5 of 2020 concerning Electronically Integrated Mortgage Services. Mortgage services are carried out through a system called the HT-el system, where the HT-el system can speed up and simplify the implementation of the Mortgage. This article aims to add insight and provide information on how to arrange Mortgage, namely Electronic Mortgage which is carried out through the HT-el System. This article uses the Normative Juridical Research Method. The results show that the implementation practice of the Mortgage Rights has been implemented properly and evenly, is more effective than its predecessors and only encounters obstacles in the telecommunications network.

Parate Executie Polemic: The Nature of the Authority to Sell Creditors for Objects of Collateral Rights

Execution of collateral objects is basically uncomplicated. The holder of the first Mortgage is also entitled to carry out direct execution of the object of the Mortgage that is used as collateral because in addition to the deed of Mortgage it also functions as proof of the existence of a Mortgage. Mortgage is a guarantee institution for land rights in the codification of national land law since the Mortgage Law was promulgated on April 9, 1996 , Mortgage rights function to provide protection for certain creditors and certain positions. where the deed is affixed with the irah-irah "For the sake of Justice Based on Belief in the One and Only God", which has executive powers which is the same as a court decision that has permanent legal force. Despite the fact that the auction procedure is likewise governed by a Minister of Finance Regulation, many lawsuits seeking the cancellation of auctions are nonetheless filed with the District Court on a regular basis. This research is included in the category of normative legal research, which analyzes laws and regulations in a comprehensive legal system. With regard to authority, in essence, an owner (eigenaar) has the power to control (beschikkingsbevoegdheid) and is authorized to act (handelingsbekwaanheid), but a person who is not an owner does not have power (beschikkingssonbevoegdheid) and may not act. Parate executie arrangements were prepared by legislators as a form of legal protection for the parties and are an excellent means of adjusting to legal requirements in the economic field.

Legal Protection for the E-Auction System for the Purchase of Pledge Objects at Office Services and State Wealth Auctions (KPKNL) in an Islamic Perspective

Indonesia is known as a country whose people experience many problems related to debt receivables. However, education regarding collateral rights is still minimal. Therefore , the government provides solutions related to education on the auction of objects through socialization. The purpose of this study discusses the process and protection of legal certainty related to E-Aution of purchasing pawn objects at the KPKNL service seen in its Islamic perspective. This type of research is qualitatively narrative by examining various literature to be discoping into research results. Thereason is, there is socialization related to E-Auction because there is still minimal trust from the E-Auction system. It was seen that there were many cases of irresponsible auctions and plus the majority of Indonesians were Muslims, so the KPKNL office provided progress from collaboration between managers Syar'i-based which is still categorized as new. However, the collaboration process between KPKNL and BSI fosters confidence and trust if the implementation of the E-Auction is in accordance with Minister of Finance Regulation No. 106 / PMK. 06/ 2013 on E-Auction and No. 93/PMK. 06/2010 i.e. preventive protection of auction winners

Execution of The Object of Dependent Rights Through Auction Based On The Principle of Proportionality

This research was conducted to analyze the granting of credit by the Bank as the creditor to the debtor with land as collateral to the bank if something goes wrong with what was expected. If a credit problem occurs because the debtor is incapacitated or because the debtor has failed in business which results in reduced income so that obligations cannot be fulfilled, the Mortgage Law (UUHT) exists to provide legal certainty for land rights including collateral rights to land. Efforts made by the bank as a creditor if the debtor defaults in order to obtain repayment due to bad credit, namely by executing one of them through an auction. The research method uses normative research with a statutory approach and a concept approach. This research resulted that the execution of mortgage objects through auctions is still not in accordance with the principles of proportionality and legal protection that can be given to debtors, namely repressive and preventive legal protection. In its development, the fact is that in the implementation of executions carried out by creditors, the proceeds from selling mortgage objects through auction execution are often below market prices and do not give the debtor the opportunity sell mortgage objects privately. Regarding this matter, Article 20 paragraph (2) of the Mortgage Law (UUHT) has actually given a sufficient portion of rights the debtor for the sale of mortgage objects according to market prices, but this is limited by the "on agreement" norm, which actually hinders sales under the contract.

Execution of The Object of Dependent Rights Through Auction Based On The Principle of Proportionality

This research was conducted to analyze the granting of credit by the Bank as the creditor to the debtor with land as collateral to the bank if something goes wrong with what was expected. If a credit problem occurs because the debtor is incapacitated or because the debtor has failed in business which results in reduced income so that obligations cannot be fulfilled, the Mortgage Law (UUHT) exists to provide legal certainty for land rights including collateral rights to land. Efforts made by the bank as a creditor if the debtor defaults in order to obtain repayment due to bad credit, namely by executing one of them through an auction. The research method uses normative research with a statutory approach and a concept approach. This research resulted that the execution of mortgage objects through auctions is still not in accordance with the principles of proportionality and legal protection that can be given to debtors, namely repressive and preventive legal protection. In its development, the fact is that in the implementation of executions carried out by creditors, the proceeds from selling mortgage objects through auction execution are often below market prices and do not give the debtor the opportunity sell mortgage objects privately. Regarding this matter, Article 20 paragraph (2) of the Mortgage Law (UUHT) has actually given a sufficient portion of rights the debtor for the sale of mortgage objects according to market prices, but this is limited by the "on agreement" norm, which actually hinders sales under the contract.

Rethinking Indebtedness according to the Principles of Justice and Equality

The law's objective is to uphold the principle of justice. Contractual debts, interest-bearing debts, unsecured debts, and debts with payment terms are all included in restructuring plans. All debts must be accompanied by a contract. If the business defaults, the contract serves as proof of debt. This research focuses on Indonesia's bankruptcy law. This study employs an empirical qualitative legal method. The study recommends categorizing debt according to its source, duration, function, and collateral. Debts classified as restructuring must waive their collateral rights. This debt grouping is consistent with finance's capital structure theory. This research will revolutionize the current concept of debt restructuring. The study will serve as a resource for all business actors who have documented debt. Debt is uncommon in developing countries such as Indonesia. Entrepreneurs in developing countries have established business relationships based on mutual trust. The study's limitation is that it does not take industry type into account. Additionally, this research has implications for a firm's total cost of capital as a result of changes in the risk model and creditor roles, particularly in developing countries. This study proposes a system of debt classification based on principles of justice and equity. This classification is made not only on the basis of the guarantee's type, but also on the basis of the agreement's duration and financial principles. The purpose of this study is to examine bankruptcy law in developing countries. Knowledge of bankruptcy law will add value to investors and banks on a global scale.

HUKUM WARIS ISLAM: SOLUSI AKHIR UNTUK KETIMPANGAN SOSIAL TERHADAP PEREMPUAN

When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.

Implementasi Akad Ijarah Muntahiyah Bittamlik Dengan Jaminan Hak Tanggungan Dalam Akta Notaris

The Ijarah Muntakiyyah Bittamlik contract is a sharia contract related to leasing that is carried out by many banks, because it is run by a bank, the bank requires collateral, one of which is a mortgage as a form of prudence, but this is where an error arises in applying the mortgage guarantee with the Ijarah Muntakiyyah Bittamlik contract. Because of this, two formulations of the problem are obtained, namely first, how is the implementation of the ijarah Muhamiyyah bittamlik contract with guaranteed mortgage rights in a notary deed? Second, what are the legal consequences in the event of an error in the application of the ijarah Muhamiyyah bittamlik contract with the guarantee of mortgage rights in a notary deed? This type of legal research uses normative supported by empirical with a statutory approach. The results of the study concluded that first, the implementation of the deed with the Ijarah Muntakiyyah Bittamlik contract with collateral rights is not appropriate because the binding of the mortgage guarantee can be carried out if debt arises due to unpaid rent not against the Ijarah Muntakiiyah Bittamlik contract which is based on rent, Second, the application of the Ijarah Muntakiyyah Bittamlik contract is erred with the guarantee of mortgage rights resulting in the contract being fasid.

The Reflection of Highest Value of Islam in the Protection of Debtors in Execution of Separatist Creditors

The execution by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to the justice of Pancasila. The method used was a non-doctrinal method. Based on the data obtained, it can be seen that the execution of bankruptcy as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture which shows that the execution of bankruptcy with collateral rights without having to go through bailing in court, the meaning of debtor insolvency should be an examination in court or through bailing related to the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors alone. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, in accordance with the view of respect for human values or human rights awards in the form of equality before the law so as to be able to realize social justice execution of bankruptcy that is able to protect the interests of separatist creditors while protecting debtors.

ANALISIS YURIDIS PENGGUNAAN ASET PERSONAL GUARANTEE DALAM MELUNASI UTANG PAILIT

In bankruptcy, the use of personal guarantee assets is something that can be done in bankruptcy debt if the assets belonging to the main debtor cannot meet repayments, in bankruptcy, there are 3 types of credit, namely preferred, separatist and concurrent creditors, the three creditors are creditors who have rights and obligations. their respective positions, such as preferred creditors who have the priority right to have their debts repaid, then separatist creditors who have collateral to pay their debts, and separatist creditors who do not have collateral rights or the right to loans. If the debtor's payment to the creditor exceeds the limit after the assets of the main debtor have been auctioned, therefore the responsibility of the Personal Guarantee is to provide the assets in paying off the debt of the main debtor. Personal guarantee assets are guarantees that can be used to pay off their debts because if the assets belonging to the main debtor cannot be sufficient to pay the total debt, the personal guarantee will be responsible for settlement, the assets belonging to the personal guarantee can be directly auctioned, the payment of the bankruptcy debt is calculated by method “Pro Rata Pari Passu Parte”. The Personal Guarantee which guarantees its assets to creditors can also be bankrupt if the main debtor is unable to pay its debts.

Notaries Role Analysis in Implementation of Credit Agreements & Defaults Settlement with Guaranteed Liability

Analysis of the Role of a Notary in the Implementation of Credit Agreements and Efforts to Settle Default with Guaranteed Mortgage at Bank BRI, Tegal City requires the assistance of a Notary. This happens because the Notary is authorized to make a form of authentic deed that is able to provide legal protection to the parties to the agreement. Regarding the authority of a Notary as a general official making an authentic deed, it can be seen in the provisions of Article 15 paragraph (1) of Act No.: 30 of 2004 concerning the Position of a Notary. The objectives of this journal research are one, to identify and analyze the role of a Notary in a credit agreement with mortgage guarantees at Bank BRI Tegal City Branch Office; two, to find out and analyze the factors causing the occurrence of Default in the credit agreement with the guarantee of Mortgage at Bank BRI Tegal City Branch Office; three, to find out and analyze how to settle defaults in credit agreements with mortgage guarantees at Bank BRI Tegal City Branch Office. The approach method used is the sociological juridical method, the research specifications used are analytical descriptive, using observation and interviews, secondary data collection techniques using library research, and data analysis methods using qualitative analysis. The results of the research and discussion, First, the role of the Notary in the implementation of the credit agreement, as an official authorized to make an authentic deed who is burdened with responsibility in connection with his work in making the deed and the deed can provide legal certainty for the parties in the credit agreement so that the Notary is to prioritize the balance between the namely rights and obligations of the parties who appear before the Notary. Second, the factors causing the occurrence of Default in the credit agreement with guaranteed mortgage rights at Bank BRI Tegal City Branch Office, there are internal factors and external factors causing non-performing loans. Third, Settlement of default in the credit agreement with collateral rights at the BRI bank Tegal City Branch Office can be done by using rescheduling, reconditioning, and restructuring methods.

Notaries Role Analysis in Implementation of Credit Agreements & Defaults Settlement with Guaranteed Liability

Analysis of the Role of a Notary in the Implementation of Credit Agreements and Efforts to Settle Default with Guaranteed Mortgage at Bank BRI, Tegal City requires the assistance of a Notary. This happens because the Notary is authorized to make a form of authentic deed that is able to provide legal protection to the parties to the agreement. Regarding the authority of a Notary as a general official making an authentic deed, it can be seen in the provisions of Article 15 paragraph (1) of Act No.: 30 of 2004 concerning the Position of a Notary. The objectives of this journal research are one, to identify and analyze the role of a Notary in a credit agreement with mortgage guarantees at Bank BRI Tegal City Branch Office; two, to find out and analyze the factors causing the occurrence of Default in the credit agreement with the guarantee of Mortgage at Bank BRI Tegal City Branch Office; three, to find out and analyze how to settle defaults in credit agreements with mortgage guarantees at Bank BRI Tegal City Branch Office. The approach method used is the sociological juridical method, the research specifications used are analytical descriptive, using observation and interviews, secondary data collection techniques using library research, and data analysis methods using qualitative analysis. The results of the research and discussion, First, the role of the Notary in the implementation of the credit agreement, as an official authorized to make an authentic deed who is burdened with responsibility in connection with his work in making the deed and the deed can provide legal certainty for the parties in the credit agreement so that the Notary is to prioritize the balance between the namely rights and obligations of the parties who appear before the Notary. Second, the factors causing the occurrence of Default in the credit agreement with guaranteed mortgage rights at Bank BRI Tegal City Branch Office, there are internal factors and external factors causing non-performing loans. Third, Settlement of default in the credit agreement with collateral rights at the BRI bank Tegal City Branch Office can be done by using rescheduling, reconditioning, and restructuring methods.

Efektivitas Penerapan Pendaftaran Hak Tanggungan Melalui Sarana Elektronik Pada PT. BPR Pedungan Denpasar

The activity of borrowing money, which is often related to the condition of submitting debt guarantees, is mostly carried out individually or by business entities. In fact, in carrying out credit agreements, it is often found that debtors apply for credit in the form of land guarantees to get credit with a certain nominal value. The bank will be more daring to provide land loans that have a high economy and the value of the land always increases from time to time and Mortgage Rights are created, namely collateral rights imposed on land rights. The purpose of this study was to determine the mechanism for registering mortgage rights through electronic means at PT.BPR Pedungan Denpasar, and to find out the obstacles faced in determining mortgage registration through electronic means at PT.BPR Pedungan Denpasar. This type of research is part of sociological legal research which includes identifying unwritten laws and examining the effectiveness of laws. In the analysis of legal theory through the view of legal science, starting from normative and empirical. The primary data collection technique in this research is the interview method.