Online ISSN: 2515-8260

Keywords : Legal Protection


A Practice of Loan Sales Facility: Experience and lessons from Indonesia

Agus Suprihanto; Farida Patittingi

European Journal of Molecular & Clinical Medicine, 2021, Volume 8, Issue 3, Pages 558-567

Syndicated loans during the credit period often emerge the practice of loan sales or sales of loan facility. The research was aimed to analyze and formulate the practice of sales of loan facility in syndicated loans that performed by the approval of Bank agent without the knowledge of the debtor. The method of research is descriptive analytical with sampling technique using literature study and interviews. The conclusion of research in the form of primary and secondary data were conducted by using qualitative juridical analytical methods. The results of research indicates that the process of sales of loan facility from PT. Bank A to PT. Bank D can be canceled due to the rechtstitle (sale and purchase agreement) underlying a cessie agreement and not based on the applicable law. Legal consequences for PT. Bank D (new creditor) for the takeover of credit receivables by making a sale and purchase agreement for credit and cessie agreements from PT. Bank A to PT. Bank D which is done only with the approval of Bank Agent without the knowledge of the debtor and bad credit occurs, then PT.
Bank D cannot execute the object of collateral, because PT. Bank D did not register with the Land Agency and Fiduciary Registration Office, so the Mortgage and Fiduciary Rights holders were still on behalf of PT. Bank A and other creditors.

Legal Protection to Indonesian Dental Artisan: A Judicial Review Post-Constitutional Court Decision No. 40/PUU-X/2012

Suparto Wijoyo; Nurul Barizah; Faizal Kurniawan; Prawitra Thalib; Bagus Oktafian Abrianto; Xavier Nugraha; Sayyidatul Insiyah

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 5, Pages 291-309

Dental artisan is a common and preferred profession that has been widely known amongst the general public due to its low price. However, because the job was unsafe, the dental artisan was prohibited by Legislation No. 29 of 2004 on Medical Practice and the Ministry of Health Regulation No. 1871/MENKES/PER/IX/2011 on the Repeal of the Ministry of Health Regulation No. 339/MENKES/PER/V/1989. On the other hand, the Constitutional Court, through its decision No. 40/PUU-X/2012 has re-legalized the dental artisan profession. Amongst considerations made by the Constitutional Court, the re-legalization was caused because although the profession has a high risk of security, it can be settled through teaching, licensing, and supervision, instead of prohibition. This research is juridical research that studies the existent legislation provision on the legal protection regarded to dental artisan in Indonesia. Based on this research, it was noticed that: First, under Article 6 (1) of Ministry of Health Regulation No. 39 of 2014, a dental artisan is only allowed to, (a) create a partial or complete removable dentures that are made out of heat curing acrylic, that adheres to health standard requirements, (b) install a partial or complete removable dentures that are made out of heat curing acrylic without covering the patient‟s left-tooth root. In the event a dental artisan conducted practice outside of the two, the City or Regency Local Government will impose an administrative sanction upon them. Second, the form of teaching, licensing, and supervision intended by the government will be given directly to the City of Regency Local Government to decide appropriately.

Legal Protection to Indonesian Dental Artisan: A Judicial Review Post-Constitutional Court Decision No. 40/PUU-X/2012.

Suparto Wijoyo; Nurul Barizah; Faizal Kurniawan; Prawitra Thalib; Bagus Oktafian Abrianto; Xavier Nugraha; Sayyidatul Insiyah

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 5, Pages 488-506

Dental artisan is a common and preferred profession that has been widely known amongst the general public due to its low price. However, because the job was unsafe, the dental artisan was prohibited by Legislation No. 29 of 2004 on Medical Practice and the Ministry of Health Regulation No. 1871/MENKES/PER/IX/2011 on the Repeal of the Ministry of Health Regulation No. 339/MENKES/PER/V/1989. On the other hand, the Constitutional Court, through its decision No. 40/PUU-X/2012 has re-legalized the dental artisan profession. Amongst considerations made by the Constitutional Court, the re-legalization was caused because although the profession has a high risk of security, it can be settled through teaching, licensing, and supervision, instead of prohibition. This research is juridical research that studies the existent legislation provision on the legal protection regarded to dental artisan in Indonesia. Based on this research, it was noticed that: First, under Article 6 (1) of Ministry of Health Regulation No. 39 of 2014, a dental artisan is only allowed to, (a) create a partial or complete removable dentures that are made out of heat curing acrylic, that adheres to health standard requirements, (b) install a partial or complete removable dentures that are made out of heat curing acrylic without covering the patient‟s left-tooth root. In the event a dental artisan conducted practice outside of the two, the City or Regency Local Government will impose an administrative sanction upon them. Second, the form of teaching, licensing, and supervision intended by the government will be given directly to the City of Regency Local Government to decide appropriately.

Reconstruction of Guarantee for Legal Protection of Communities Affected by Land Procurement For Railway Construction In Indonesia

Ismiyanto .; AL Sentot Sudarwanto; I Gusti Ayu Ketut Rachmi Handayani

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 8, Pages 296-30

This study aims to analyze the concept of regulation that guarantees adequate legal protection in the event of problems in fulfilling the rights of compensation for entitled parties. This research uses normative or doctrinal standard research methods. Primary data sources were obtained through field studies, while secondary data used literature studies data collection techniques using surveys, interviews, and literature study. The data analysis technique used a qualitative approach with an interactive model. The sampling method used was purposive and snowball sampling. In terms of its nature, this dissertation is explanatory research, and from the point of view of its form, it is a prescriptive study. In this legal research, the researcher uses 2 (two) approaches, the statute approach, and the conceptual approach. The results show, in terms of the validity theory of Gustav Radbruch's law, the guarantee of the legal protection of Law Number 2 of 2012 on the process and mechanism for providing compensation for entitled parties have valid validity from a juridical review but does not yet have valid validity from philosophical thought. And sociological. This study also concludes that it is necessary to reconstruct the land acquisition law, mainly concerning the provisions governing the process and mechanism for providing compensation or compensation to entitled parties. To guarantee legal protection in drafted regulations to fulfill the fundamental values of justice and benefits for the community, reconstruction is directed at a. There is the involvement of parties entitled as the subject of land acquisition rights with appraisal in the assessment of land acquisition objects, b. the presence of a dispute resolution institution with a non-litigation paradigm (PnLg) in the form of mediation, c. there is a change in the term "compensation" to "compensation," and d. there are additional rights for entitled parties, namely: "the right to get adequate compensation." Based on the above conclusions, it is recommended that the government revise Law Number 2 of 2012.