LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara

KEABSAHAN PERJANJIAN KREDIT BANK DAN TANGGUNG JAWAB HUKUM ATAS PEMBERIAN HAK TANGGUNGAN OLEH PIHAK YANG TIDAK BERWENANG

Niru Anita Sinaga — 2025-12-16

A banking credit agreement is a principal contract that forms the legal basis for the relationship between the bank as the creditor and the customer as the debtor. In banking practice, to ensure the fulfillment of the debtor’s legal obligations, banks require collateral in the form of a Mortgage Right (Hak Tanggungan), which is regulated under Law Number 4 of 1996 concerning Mortgage Rights. The Mortgage Right is accessory to the banking credit agreement and is only legally valid if granted by a party legally authorized in their capacity as the holder of rights over the mortgaged object. However, in practice, there are often cases where the Mortgage Right is granted by an unauthorized party due to lack of ownership, legal incapacity, or failure to obtain the required consent from other parties as mandated by applicable laws and regulations. This issue raises legal implications regarding the validity of the Mortgage Right, the validity of the banking credit agreement as the principal contract, and the legal responsibilities of the parties involved. This study aims to analyze the validity of banking credit agreements when the Mortgage Right is granted without meeting the legal requirements and to examine the resulting legal responsibilities. Using normative legal research supported by statutory and conceptual approaches, the study finds that Mortgage Rights granted by unauthorized parties are legally invalid and therefore do not provide effective legal protection for the bank, without automatically nullifying the banking credit agreement except under certain conditions. These findings underscore the importance of prudence and good faith by banks and related parties in banking operations.

TANGGUNG JAWAB HUKUM PELAKU USAHA TERHADAP KONSUMEN ATAS PENJUALAN OBAT DENGAN HARGA ECERAN TERTINGGI PADA APOTEK

A.A. Dody Hartawan — 2025-12-14

In everyday life, the buying and selling transaction process will continue to take place, which will be carried out by business actors and consumers. A standard or price limit set on the selling price of a drug will provide a guarantee to consumers in terms of purchasing drugs at the price set by the Company which will then be sold by the business actor to consumers. The price set is in the form of (HET) Highest Retail Price) which has been set by the Company and has received price approval from the government through the relevant agency. In this case, the formulation of the problem to be discussed is. What is the form of legal protection for consumers who purchase drugs above the Highest Retail Price (HET) and What is the responsibility of business actors towards consumers who are harmed in purchasing drugs above the Highest Retail Price (HET). The type of research used in this study is a normative research type. A form of legal protection that can be put forward for consumers who purchase drugs above the highest retail price is in the form of preventive and repressive legal protection and the responsibility imposed on business actors can be in the form of criminal sanctions, fines, and administrative sanctions.

ATMOSFER PIDANA DALAM PERDATA

Maniur Sinaga — 2025-12-15

Criminal law and civil law are two legal domains with different functions, objectives, and enforcement mechanisms in the Indonesian legal system. However, in law enforcement practice, a phenomenon known as a criminal atmosphere in civil law often occurs, namely a condition where a civil dispute is accompanied by or transferred to a criminal process. This phenomenon gives rise to various legal issues, ranging from legal uncertainty, the potential criminalization of civil disputes, to violations of the principles of justice and human rights. This study aims to examine the concept of a criminal atmosphere in civil cases, identify the factors causing the transfer of cases from the civil to the criminal realm, and analyze the resulting legal and social impacts. This study uses a normative juridical method with a conceptual approach and legislation, supported by a study of relevant court decisions. The results show that the transfer of civil cases to criminal cases is generally triggered by the misuse of criminal articles, a weak understanding of law enforcement officials regarding the boundaries of breach of contract and criminal acts, and public perception that the criminal route is more effective. The existence of the element of mens rea and the application of the principle of ultimum remedium are the main keys in determining the legal qualification of an act. This study emphasizes the importance of strengthening the principle of ultimum remedium, protection of rights through legal aid, and the professionalism of law enforcement officers to prevent the criminalization of civil disputes and maintain legal certainty and justice in the Indonesian justice system.