THE AUCTION WINNER IS UNABLE TO TAKE POSSESSION OF THE AUCTIONED ITEM, HERE ARE THE AVAILABLE MEASURES THAT CAN BE TAKEN
The definition of auction is stated in Article 1 number 1 of the Minister of Finance Regulation Number 213/PMK.06/2020 regarding the Implementation Guidelines for Auctions (“Auction PMK”), which is the sale of goods open to the public with written and/or oral bids that increase or decrease to reach the highest price, preceded by an Auction...
Read MoreVEHICLE TOWED BY DEBT COLLECTOR SUDDENLY, HERE’S HOW TO DEAL WITH IT
Basically, the vehicle retrieval is a consequence of the Debtor’s failure to fulfill obligations in the Fiduciary Guarantee Agreement. Pursuant to Law Number 42 of 1999 concerning Fiduciary Guarantee (“UU 42/1999”), the imposition of a Fiduciary Guarantee on an Asset is made through a notarial deed in the Indonesian language, which will subsequently become the...
Read MoreHUSBAND’S COVERT SECOND MARRIAGE WITHOUT REGISTRATION: POTENTIAL CRIMINAL CHARGES
Etymologically, a Covert Second Marriage Without Registration (Nikah Siri) is a marriage that is not officially recorded by the state. The term “siri” is derived from the Arabic language, meaning “secret.” Nikah Siri are often interpreted in society as “Underhanded Marriages,” meaning marriages performed with all the requirements and conditions fulfilled, such as the marriage...
Read MoreManagement of Minors’ Inheritance Asset Based on Civil Law
In Indonesia, inheritance law is pluralistic, with at least three types of inheritance laws still in effect and practiced in society, namely: Inheritance law based on Islamic Sharia governed by the Compilation of Islamic Law (KHI). Customary inheritance law, which varies greatly in its circumstances. Inheritance law based on the Civil Code (KUHPerdata). The diversity...
Read MoreLegal Protection for Consumers Purchasing of Travel & Accommodation Tickets Through Travelling Applications
Technological advancements have spoiled society by providing convenience in performing various activities, including transactions for the purchase of travel and accommodation tickets. However, despite the convenience provided, consumers must still be cautious of the risks involved, considering that these transactions are conducted entirely online. Currently, there are many traveling applications known to the public, such...
Read MoreLandowners Dispute The Amount of Compensation for Land Acquisition for Public Interest? Here Are The Legal Steps That Can Be Taken!
Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest defines Land Acquisition as the activity of providing land by giving adequate and fair compensation to eligible parties. Public Interest refers to the interests of the nation, state, and society that the government must realize for the prosperity of the people. Land...
Read MoreBUYING LAND THROUGH THE AUCTION PROCESS? HERE ARE THE LEGAL ASPECTS TO CONSIDER!
Rights to Land that Can Be Encumbered with Encumbrance Right According to Article 51 of the Basic Agrarian Law, the entitlements to land susceptible to encumbrance by encumbrance comprise ownership rights, rights of cultivation, and rights of building use. Regarding the right of occupancy, encumbrance by encumbrance is restricted solely to state-owned land deemed inherently transferable....
Read MoreLAND ENCROACHMENT BY OTHERS ON YOUR PROPERTY: HERE ARE THE LEGAL STEPS THAT CAN BE TAKEN!
Land encroachment is the act of seizing land that is not owned by an individual or group, either forcibly or without permission from the landowner. This land encroachment issue is one of the most critical and frequently occurring problems in Indonesia. An individual can assert ownership over land by possessing evidence of ownership...
Read MoreIf you’re looking to hold a General Meeting of Shareholders (GMS) but don’t have enough attendees to meet the quorum, here’s what you can do.
The definition of GMS (General Meeting of Shareholders) according to Article 1 number 4 of Law No. 40 of 2007 concerning Limited Liability Companies (“Company Law”) is an organ of the company that has authority not given to the Board of Directors or Board of Commissioners within the limits specified in this Law and/or the...
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