IMPLEMENTASI ASAS PROPOSIONALITAS DALAM PEMBENTT]KAN DA}[ PELAKSANAAN KONTRAK KOMERSIAL

This research aim to analyze the implementation of the principle of proportionality in all phases of the contract, either at the stage of pre-contractual, contract formation and execution of the contract, and when there is a contract dispute, when the position of the parties to a commercial contract can not be balanced. This research is normative and doctrinal legal research, legal materials include primary and secondary gathering through techniques of study in library. Data processing is done with qualitative methods of selecting, classifying and logically systematized data and legal materials of the same symtomps. Contract as an instrument�s exchange of right and responsibility is expected to be going well, fair and proportionate in accordance to the agreement of the parties. Especially, in commercial contracts, both at the pre-contractual stage, contract formation, implementation and when the contract could not achieve the purposes or the dispute would be happened. Therefore, the implementation of the principle of proportionality in commercial contracts has important role in the existence of fair fulfillment on right and responsibility of the parties of contracts. This study will analyze two arguments in the existence of unequal position of the parties. First, proportionally principle can be used in the contract even though the position of the parties is not equal as long as both of the party keep on going in the fairness fulfillment on the right and responsibility. Second, the stronger party will dismissed the proportionality principle in the flawed will of misappropriation situation toward the weaker parties of the contract. Keywords: Principle of Proportionality, Commercial Contracts

PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP KREDIT MACET DENGAN JAMINAN HAK TANGGUNGAN MELALUI SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN

Tesis study is titled \"Legal Protection Against Lenders For Bad Credit Mortgage Granting Power of Attorney Charging Through Mortgage\", aims to understand the rule of law in applying the provisions of laws - laws against bad loans with collateral Mortgage via Impose Rights Attorney dependents, as well as to find out the problems that arise, factors - factors causing them and step - step in the implementation of the settlement of credit in this case the creditor to the debtor. This research is normative, the research supported by the empirical research literature that refers to a field study to obtain primary data. Studies conducted by the research literature documents laws - laws, as well as field research through interviews with informants. The data is then analyzed qualitatively with descriptive methods and purposes a descriptive analysis of the research results. Based on the analysis it can be concluded that legislation in this regard that regulates credit guarantee in the form of mortgage has not been implemented as it should be and have not been able to provide legal certainty for creditors. This is due to the economic competition between banks so that in applying the provisions against these loans the banks make allowances - allowances to customers, in addition to the lack of regulations on credit - credit that regulated which guarantee a Letter of Authorization to Impose Mortgage principal agreement ends, particularly for the provision of credit under the provisions of 50 million of general applicability. With regard to signing a blank blank, it is clearly a violation of the laws made by the Notary / PPAT and the bank as a lender which can result in a credit agreement with Mortgage guarantee null and void

PROGRAM KEMITRAAN DAN BINA LINGKUNGAN (PKBL) SEBAGAI IMPLEMENTASI TANGGUNG JAWAB SOSIAL PERUSAHAAN (Studi Kasus PT. Semen Padang)

This study aims at finding out the partnership and environment building program (program kemitraan dan bina lingkungan- PKBL) as the implementation of corporate social responsibility in PT Semen Padang as well as the benefits of the implementation for the company and the surrounding communities. The study is a descriptive analysis with a sociological juridical approach. The location of the study is in PT Semen Padang with operation in Indarung area, Padang. To collect primary data, a field study was done using interview technique, while to collect secondary data a literature study of books, legislations, and other scientific works were done. The data were acquired qualitatively on the basis of the problems studied. Based on results of the study, it can be concluded that the implementation of Partnership and Environment Building Program in PT Semen Padang allocated corporate social responsibility in accordance with the procedures and criteria of companies that become the build partners as stipulated in Regulation of Minister in the State Enterprises No. PER/05/MBU/2007. In the agreement between PT Semen Padang and the built partner should use a notary act in terms of preventing negative performance, and it as an authentic evidence in tax reduction. The benefit of the implementation of corporate social responsibility for the company and the surrounding communities had positive effect on both parties. The company will be avoided from negative effect, and have a lot of opportunities to get and rise corporate image, particularly for company that has gone public. The company that performing the social responsibility program can get reduction of tax in accordance with Article 6 (1) characters I, j, k, l, and m of Law No. 36/ 2008 on Income Tax, and regulated further in Government Regulation No. 93/ 2010. Finally, the surrounding communities could become business partners and environment building and maintenance

PENYELESAIAN KREDIT MACET DENGAN JAMINAN HIPOTEK KAPAL PADA PT. BANK NEGARA INDONESIA (PERSERO) Tbk. CABANG RENGAT

This study aims to understand the reason on the repreship of the mortgage collateral vessel in PT. Bank Negara Indonesia (Persero) Tbk. Branch of Rengat, which is conducted through sales under the hand even if the boat is sailing no place and to understand about the legal protection of the repreship of sales under hand by the debtor that is given to PT. Bank Negara Indonesia (Persero) Tbk. Branch of Rengat, as holder of the mortgage collateral vessel. This study uses the approach legally empirical, i.e. using legal norms which are explained by way of researching and discussing the repreship of mortgage collateral vessel which carried under hand by the debtor and examine how the implementation through field research to obtain primary data through interviews with the speakers and the respondents who have the capacity in this study. Research results and the discussion concluded that the repreship of the mortgage collateral vessel in PT. Bank Negara Indonesia (Persero) Tbk. Branch of Rengat, which is conducted with sales under the hand as it is considered more time efficient and does not require a fee which is costly in doing execution which provided and obtained highest price and there is already an agreement between creditor and debtor though the vessel is sailing is not there then the debtor as the owner of the collateral vessel interesting vessel at the time of the execution will be carried out. It's just that at the time of execution of the vessel which is supposed to be conducted by creditors as the holder grosse deed in fact borrowers who make sales because lenders have difficulty in finding prospective buyers collateral vessel execution object. The execution of collateral vessel which is carried by a debtor has been providing legal protection of PT. Bank Negara Indonesia (Persero) Tbk. Branch of Rengat, as creditor. Debt debtor the creditor has been paid in full from the results of the execution which is done by the debtor though the vessel sold as broken or scraping because in this way the price will be obtained which is more favorable rather than sold as a whole

PENGAMBILALIHAN OBYEK JAMINAN HAK TANGGUNGAN DALAM HAL KREDIT MACET PADA PT. BANK MANDIRI (PERSERO) TBK CABANG JAMBI

This research aims to find out when the object of mortgage guarantee which belong to debtor who suffered non-performing loan can be acquisired by PT. Bank mandiri (Persero) Tbk Jambi Branch, and to identify the role of Land Certificate Officer (PPAT) in making deed for the guarantee in which acquisired by PT. Bank mandiri (Persero) Tbk Jambi Branch. This research use empirical juridical method, which is by doing research in order to collect primary data related to field research and also supported with library research to collect secondary data. The library research obtained from reading and learning from literature and relevant researches, whereas field research obtained through interview with interviewees and respondents. The result of research and discussion i.e. after executing the mortgage guarantee through auction and the guarantee is unsold, then PT. Bank mandiri (Persero) Tbk Jambi Branch can conduct acquisition the mortgage guarantee, known as AYDA through auction by signing mortgage acquisition agreement between bank and debtor or by preparing an official report about credit settlement which is be notarized, afterward proceed with making Acte de Command i.e. statements between buyer designated by bank (usually a bank employee) and debtor whose contents is that the buyer in act of buying the mortgage which done for the benefit of other party whose name will be specified later and appointed to replace the buyer. Purchased mortgage object must be sold at the latest of 1 year. The role of Land Certificate Officer (PPAT) is to make selling-purchasing deed (AJB) which becomes the legal rights for transferring the land right in acquisition of debtor�s mortgage guarantee

HUBUNGAN ASAS KEBEBASAN BERKONTRAK DAN ASAS ITIKAD BAIK PADA SAAT PRA KONTRAKTUAL DALAM HUKUM PERJANJIAN INDONESIA

The purpose of this research is to assess whether the principle of objective good faith as defined in Article 1338 Paragraph (3) Civil Code could be applied at the pre-contractual time. This research also has aim to determine the form of restrictions on entry into force of the freedom of contract principle, especially if linked with the principle of good faith during the pre-contractual. In addition to examining how the correlation between these two principles are related to the balance principle in the agreement. It is a normative juridical research where the author examines the principles and doctrines relating to the subject matter in depth. The research was done by studying the documents to obtain secondary data. Data obtained from the research literature were then analyzed qualitatively with a descriptive presentation. The results showed that the principle of objective good faith as defined in Article 1338 Paragraph (3) Civil Code could be applied at the time of precontractual. Form of restrictions on entry into force of the freedom of contract principle, especially if linked with the good faith principle at the moment is in the form of pre-contractual agreements or forms that require certain formalities, restrictions include clauses that are contrary to the fairness or propriety and government intervention through legal tools made. Correlation of the freedom of contract principle relating to the balance principle in the agreement that is against the application of the freedom of contract principle which are positive will be able to create a balance position of the parties at the time of pre-contractual, otherwise the application of the freedom of contract principle which could cause unsteady negative balance in the pre-contractual. Application of the good faith principle could reduce the influence of an imbalance in the parties' bargaining positions at the time of pre contractual so that it could towards achieving a balanced agreement

PENYELESAIAN KREDIT MACET PASCA GEMPA BUMI PADA BANK PEMBANGUNAN DAERAH PROPINSI DAERAH ISTIMEWA YOGYAKARTA KANTOR CABANG BANTUL

The purpose of this research is h is to find the mechanism of credit giving, mechanism of loss credit solving, the reason & risk of permanent objective overmacht theory and norm can not be applied on Bank Pembangunan Daerah Propinsi Daerah Istimewa Yogyakarta Kantor Cabang Bantul. This research is normative and empiric research which uses textual research and field research data collecting methods. Textual research is used to find secondary data and done by reading and analyzing the books and rules about regulations which deal with bad credit from the use of objective and permanent overmacht. Field research is used to find the primary data by visiting the source (Bank Pembangunan Daerah Propinsi Daerah Istimewa Yogyakarta Kantor Cabang Bantul Cabang Bantul), doing interview with respondents using pre-arranged set of questions suited to the field condition. The data then analyzed using qualitative method and the conclusion is drawn using inductive thinking method. The result of this research is the credit-giving mechanism which is based on cautious principle, loss credit from the overmacht 27th May 2006 is done by doing restructurerization , record off ,and Corporate Social Responsibility program. Permanent and objective overmacht theory and norms can not be applied because the bank have an obligation to use a way which does not cause financial loss to both the customers and the bank itself. The bank must follow the rules set by Bank Indonesia as the leader and watcher of all banks in Indonesia. The risk of using objective and permanent overmacht theory is dealing with great financial loss and having sanctions from Bank Indonesia

IKTIKAD BAIK DALAM PERMOHONAN PEMBUATAN AKTA NOTARIIL DI WILAYAH KABUPATEN SLEMAN YOGYAKARTA

This Research aims to know of notary public parameters used in determining an authentic deed applicants who has good faith or not and to know responsibility of notary due to deed at the request of an applicant who does not has a good faith. This research uses juridical and empirical methods, namely approach to a problem with to look and see norm applicable connected by phenomenomes that existed from the problems encountered in the field. Data collection was conducted in two ways: field research and library research. Analysis of data used are qualitative analysis outlined in the description descriptive. This research result indicates that first, in determining the characteristic of a applicants notariil deed with good faith is analyzing the decent intentioned of the parties that to propose deed notariil based on logic of law. So a notary not only seen data subjects ( identity ) the parties are already in accordance with the people who overlooks at notary public, listen to and examine the wishes or will the parties however, a notary needed to ensure that the wishes or will the parties that worthy of and deserving based on rationality in logic of law can be made the deed notariil and shall not in contrary with legislative regulations, of decency, and public order. Second, responsibility due to the making of a notarial deed upon the request of an applicant who is about good faith deed parties only limited on the formal course, because a notary just pour the will or desires the parties in a notarial deed with obligations provide counseling laws against the parties before poured in deed notariil. It was different against responsibility on ambtelijk a notarial deed, which includes the truth of the aspect of formal and facets materially such deed