RESULT AND DISCUSSION. According to X. Xxxxxxxx en X. Xxxxxx, that the formation of an agreement because of the meeting of the will or consensus of the parties. Agreement in essence can be made free of unbound form and achieved not formally but sufficiently through consensus (Feenstara and Xxxxxx, 1998). X. Xxxxxxx pointed out that the principle of consensus is very important in contract law, particularly on the aspect of contract formation. This is an absolute requirement and provide to ensure legal certainty, although for consensus begins with the offer and acceptance and fulfilment of certain requirements and procedures (Subekti, 1986). Understanding the agreement is the existence of supply and acceptance. Related to that, Xxxxxxx stated that The offering is basically An offer is an expression of willingness to contract on specified terms, made with the intention that is shall become binding as soon as it is accepted by the person to whom it is addressed (Trietel, 1995).
RESULT AND DISCUSSION. 1. The Urgency of Collateral in the Online Loan Credit Agreement. Collateral or zekerheid or cautie in Dutch, covers in general the ways the creditor collaterals the fulfillment of the bill, in addition to the general liability of the debtor for his goods. Apart from the term collateral, it is also known as collateral. In Act Number 7 of 1992 concerning Banking, the definition of collateral is an additional collateral that is given by the debtor customer to the bank in order to obtain a credit facility. Collateral functions to ensure the fulfillment of obligations that can be valued in money arising from a legal engagement.12 Collateral is related to the law of property, collateral is used to create confidence that the debtor will fulfill his obligations. In other words, the collateral focuses on the realization of the fulfillment of obligations to the creditor, the form of the collateral can be valued in money, and the collateral arises because of the engagement between the creditor and the debtor. The term collateral has been commonly used in an engagement between a debtor and creditor because in the science of law scientific terms such as collateral law, material security, individual collateral, collateral rights, etc., are also used in statutory regulations. namely laws such as the Mortgage Rights Law and fiduciary security. Regulations regarding collaterals can be found in Book II of the Civil Code and Stb. 1908 Number 542 as amended to Stb. 1937 Number 190 concerning Credietverband. In Book II of the Civil Code, the legal provisions relating to collateral law are fiduciary and mortgage. Fiduciary is regulated in 10 Xxxxxxxx Xxxxx Xxxxxxxxxx, Normative and Empirical Research Method: Their Usefulness and Relevance in the Study of Law as an Object, 3rd Global Conference on Bussiness and Social Science, December 2015, page. 203 11 Ibid., 12 Tan Kamelo, Hukum Jaminan Fidusia, Alumni, Bandung, 2004, page. 2 Article 1150 of the Civil Code to Article 1160 of the Civil Code, while mortgages are regulated in Article 1162 to Article 1232 of the Civil Code. Until now, there have been many legal provisions regarding collaterals passed in the law. In the pre-reform era, the legal provisions governing collaterals were Law Number 5 of 1960 concerning Basic Agrarian Principles. This provision also refers to various other laws and regulations. This can be seen in the preamble of Law Number 5 of 1960 which revokes the entry into force of Book II of the Indonesian Civil...
RESULT AND DISCUSSION. The Implementation of the Finance Lease Agreement for the Capital Goods of the Blue Star 5 Tanker Ship in Agreement Number PPAF/PSGUP/2014/VIII/133.. Book III of the Civil Code (KUHPerdata) adheres to and embodies the principle of freedom in making agreements. This principle is encapsulated in Article 1338 of KUHPerdata, which states that "All agreements made legally are valid as law for the parties involved." Article 1338 of KUHPerdata conveys that agreements are binding on both parties who enter into the agreement. This provision portrays that, essentially, individuals are granted the freedom to form agreements on any subject matter, as long as it does not contravene public order or morality. Not only are they given the freedom to make agreements on any subject, with the restriction of not conflicting with statutory regulations, public order, and morality. According to Subekti (1996), parties entering into an agreement are permitted to override or depart from the regulations contained in Book III of KUHPerdata if they agree otherwise. Therefore, the rules provided in Book III of KUHPerdata are used when the parties entering into the agreement do not establish their own rules regarding the specific agreement they make. This aligns with the nature of legal rules, which can be either mandatory (dwangrecht) or regulatory (aanvullendrecht). Regulatory legal rules are rules that can be overridden or altered by the parties involved. These regulatory rules only apply when the parties do not set their own rules in their agreement. Meanwhile, mandatory rules are rules that cannot be overridden or altered. In other words, with regard to existing rules, the parties must comply and adhere to them. This means that parties in making agreements by creating rules other than those stipulated by statutory regulations are still allowed. If the rules in the law are purely regulatory, they can be altered. However, if the rules in the law are mandatory, they cannot be changed or overridden by the parties. According to Joint Decisions of the Minister of Finance, the Minister of Industry, and the Minister of Trade Number N.KEP122/MK/IV/2/1974, Number 32/M/SK/2/1974, Number 30/Kpb/l/1974 Regarding Licensing for Financing Businesses, financing business is any financing activity in the form of providing capital goods for use by a company for a specific period, based on periodic payments accompanied by the option for the lessee to purchase the capital goods or extend the lease term ...
RESULT AND DISCUSSION. 3.1. The validity of the Guarantee of Ownership of Land based on the Deed of Sale and Purchase in Kendal Regency The results of interviews with the first party (Mr. X) and the second party (Mr. W), the chronology of this case is the beginning of the second party borrowing IDR 200 million from the first party with land and building collateral covering an area of 255 m2. Both parties went to a Notary in Kendal regency to make a debt agreement. On October 24, 2015 both parties agreed to make a payable agreement before a notary bound using a Sale and Purchase Deed. The land that is used as collateral, stands on Certificate of Ownership (SHM) No. 1316, located in Ds Limbangan Kec Limbangan Kendal Regency on behalf of Mr (W). 4 Bambang Waluyo, Penelitian Hukum Dalam Praktek, Sinar Grafika, Jakarta, 2002, p. 15-16. 5 Xxxxxxxxx, Introduction to Legal Research Methods, PT Raja Grafindo Persada, Jakarta, 2006, p.30. 6Amiruddin, Pengantar Metode Penelitian Hukum, PT Raja Grafindo Persada, Jakarta, 2006, p.119 7Lexy X. Xxxxxxx, Metodologi Penelitian Kualitatif Edition Revision, Remaja Rosdakarya, Bandung, 2009, p. 186. The contents of the agreement are as follows:
RESULT AND DISCUSSION. The Role of Digital Contracts in Insurance Companies Information technology or information technology (IT) has changed paradigms in activities, has created new types and business opportunities, and created new types of jobs and careers in human work (Sjahdeini, 2001). Insurance companies are also not free from this. The existence of insurance in Indonesia is regulated in a scattered manner in several laws including: the Civil Code (KUHPerdata), the Commercial Code (KUHD), the Law of the Republic of Indonesia Number 2 of 1992 concerning Insurance Business. The definition of insurance (loss) is regulated clearly in Article 246 of the Commercial Code (KUHD) which states that insurance or coverage is an agreement, by which an insurer binds himself to an insured, by receiving a premium, to provide reimbursement to him due to a loss, damage or loss of expected profit, which may be suffered due to an unspecified event. From the definition above, it is illustrated that there are several elements of insurance, namely:
RESULT AND DISCUSSION a. The presence of standard clause in banking agreement if related with Article 18 of
RESULT AND DISCUSSION. 1. The advantages of implementing an outsourcing work contract model for the company. Outsourcing according to the provisions of Law Number 13 of 2003 concerning Manpower is the delivery of part of the work to another company. This handover can be done by two methods, namely by the mechanism of a job charter agreement or by the mechanism of providing worker or labor services [12]. However, there is a provision in the Manpower Law which states that the outsourcing may only be used for supporting services, meaning that workers/labourers may not be employed to carry out activities related to the production process. The definition of outsourcing in the opinion of experts, are:
RESULT AND DISCUSSION. Prosecutor's Authority and Deferred Prosecution Agreement in Indonesia Based on Article 1 Point 1 of the Prosecutor's Law, the Prosecutor's Office of the Republic of Indonesia (hereinafter referred to as the Prosecutor's Office) is defined 15 Xxxxx X. X. Xxxxxx and Xxxxx Xxxxxx, Reformulation of the Preliminary Evidence Audit Type in Taxation: When Legal Hermeneutics Meets the Rule of Law (Part 1 of 2), (Scientium Law Review, Vol. 1, No. 2, August 2022), 1. 16 Soetandyo Wignjosoebroto, Hukum: Paradigma, Metode xxx Xxxxxxxx Xxxxxxxxxx, (Jakarta: Xxxxx xxx Huma, 2002), 17.
RESULT AND DISCUSSION. The law of engagement is regulated in Book III of the Civil Code which is broadly divided into two parts, namely first, engagements in general, both those born of agreements and those born of law and second, engagements born of certain agreements. (Xxxxxx Xxxx and Xxxxx Xxxx: 2012) Covenant Law adheres to an open system, meaning that contract law provides the widest possible freedom to the public to enter into agreements containing anything, as long as it does not violate public order and decency. (Subekti: 1990) An agreement is an event where one person promises to another person or where two people promise each other to carry out something (Xxxxxx Xxxx and Xxxxx Xxxx: 2012). The meaning of the sale and purchase binding agreement can be seen by separating the words from the sale and purchase binding agreement into a sale and purchase agreement and binding. The understanding agreement can be seen in the previous sub-chapter, while the definition of a Sale and Purchase Binding according to X. Xxxxxxx in his book is an agreement between the seller and the buyer before the sale and purchase is carried out because there are elements that must be met for the sale and purchase, among others, the certificate is not yet available. because it is still in the process, and the price has not yet been paid. (X. Xxxxxxx: 1998) Meanwhile, according to Xxxxxxx Xxxxxxx, a binding sale and purchase agreement is an assistance agreement that functions as a free preliminary agreement. (Xxxxxxx Xxxxxxx: 2004) From the understanding described above, it can be concluded that the meaning of a binding sale and purchase agreement is a preliminary agreement made before the implementation of the main agreement or the main agreement. As an agreement born out of necessity and not explicitly regulated in the form of legislation, the sale and purchase binding agreement does not have a specific form. This is also the opinion of Xxxxxxx Xxxxxxx, the sale and purchase binding agreement is an assistance agreement that functions as a free preliminary agreement. (Xxxxxxx Xxxxxxx: 2004) PPJB is a form of agreement that is subject to the provisions of Law No. 1 of 2011 concerning Housing and Settlements and the Decree of the Minister of Public Housing No. 9 of 1995 concerning Guidelines for Binding Sales and Purchases as lex specialis, and if associated with the provisions Article 1320 paragraph (1) of the Civil Code (lex generalis) then PPJB fulfills the elements as an agreement, which can lead ...
RESULT AND DISCUSSION. ASEAN-China Free Trade Agreement as a Regional International Trade Agreement and the Rules Upon Free trade agreement manifests a free trade between the ASEAN States and China. Free trade is a policy that aimed to exterminate discrimination exports and import activities between states and companies. Consumers and sellers from different economic conditions could voluntarily do trading without the difficult mechanism of government tariffs policy, quotas, prohibitions, or subsidies on goods trading and services. Free trade is the opposite of trade protectionism or economic isolationism (Xxxxxx, 2019). The other meaning of free trade can be described as the extermination of artificial barriers which is usually created by the government in accordance to escalate trade activities between individuals and companies in different countries. China's efforts to establish relations with neighboring countries are growing. Not only between countries but China's cooperative relations have also begun to expand to regional organizations such as ASEAN (Nugraha, 2019). ASEAN- China Free Trade Agreement is a ‘deal’ between ASEAN countries and China to reduce some barriers and in time, expected to deepen the economic linkages between the state parties and to increase the welfare of Indonesian and Chinese people (Xxxxxxxx & Windiani, 2018). The actualization like lower costs also expected to increase the intra- regional trade and investment, escalate the efficiency of the economy, create a larger market as well as larger opportunities and the business scale of economy of the State parties, and enhance the attractiveness of the Parties to capital and talent (Framework agreement on comprehensive economic co-operation between the association of Southeast Asian nations and the people's republic of china, 2002). The ACFTA on Trade in Goods signed in November 2004, this agreement has been improved and revised two times by 2006 and 2010. The modality for tariff reduction and elimination were categorized as either ‘Normal Track’ or ‘Sensitive Track’. For the normal track, all tariff lines in this category have been eliminated by XXXXX-0, Xxxxxx Xxxxxxxxxx, Xxxxxxxxx, Malaysia, the Philippines, Singapore, and Thailand) and China as of 1 January 2012. For Cambodia, Laos PDR, Myanmar, and Viet Nam, tariff elimination has completed by 1 January 2015, with some flexibility afforded to eliminate tariffs on products not exceeding 000 xxxxxx xxxxx by 1 January 2018 (ASEAN, 2014).
