Karya Ilmiah

TESIS (1356) - Tanggung Gugat Advokat Terhadap Tugas Pemberian Jasa Hukum di Luar Pengadilan

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As one of the institutions generally employing legal service from lawyer,
Bank conducts authorization agreement whose main clause is to make sure the
effort of collecting nonperforming loan. Due to the agreement, lawyer possesses
an authority to collect debt from bank debtor as the third party. Then, the debtor
settles the payment over half of its debt to the lawyer. Subsequently, the lawyer
hands in the partial payment to the bank eventhough the bank refuses accepting
the debt due to the reason that the bank waits the overall payment. Before the due
date ends, the lawyer is responsible for keeping the money from the debtor. The
problem arises when the payment record owned by the bank shows that the debtor
has not fulfilled its responsibility to pay the debt. Therefore, the bank proposes an
auction execution for the load and the sells it. As the result, the debtor loses some
amount of money.
This thesis focuses on the examination of the authorization agreement
from the bank to initiate complicated debt problem. It examines whether this
execution violates the established law or not. Further, it also highlights
accountability of the lawyer to the creditor (the third party beyond this
authorization agreement) due to the loss as the result of this action.
This thesis employs three approaches. First, Statute Approach underlying
the approach from regulation perspective, Conceptual Approach underlying
lawyer‟s mind framework, and Case Approach which analyzes the case of
authorization approach between PT. Bank Panin cabang Surabaya with the lawyer
who represents PT. Bank Panin Cabang Surabaya in order to execute loan
collection and litigation process for all debtors of PT. Bank Panin Cabang
Surabaya

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Ketersediaan

030943022

1356

Ruang Tesis

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Informasi Detail

Judul Seri

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No. Panggil

1356

Penerbit

Surabaya : Fakultas Hukum Unair., 2010

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ADVOKAT

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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