scholarly journals Kedudukan Kreditor yang Tidak Terdaftar Pada Putusan Perdamaian PKPU Dalam Mengajukan Permohonan Pernyataan Pailit

Media Iuris ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 125
Author(s):  
Adam Barnini ◽  
Nyulistiowati Suryanti ◽  
Artaji Artaji
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Peace Agreement ◽  
Legal Force

This article will examine the position of creditors who are not registered in the peace agreement that has been ratified in filing a bankruptcy statement and the strength of the homologation decision against creditors who are not registered in the peace agreement. The research method used is juridical normative by referring to written legal materials by reviewing secondary data in the form of primary, secondary and tertiary legal materials relating to bankruptcy and suspension of payment. The results of this study conclude that first, creditors who feel disadvantaged because they are not registered in the peace agreement cannot file a bankruptcy statement. Second, the homologation decision still has legal force against creditors who are not registered in the homologation decision.Keywords: Suspension Of Obligation For Payment Of Debt; Homologation Decision; Creditors are Not Registered in the Peace Agreement.Penelitian ini akan membahas mengenai kedudukan kreditor yang tidak terdaftar dalam perjanjian perdamaian yang telah disahkan dalam mengajukan permohonan pernyataan pailit dan kekuatan putusan homologasi terhadap kreditor yang tidak terdaftar dalam perjanjian perdamaian. Metode penelitian yang digunakan adalah yuridis normatif dengan merujuk pada bahan-bahan hukum tertulis dengan mengkaji data sekunder yang berupa bahan hukum primer, sekunder dan tersier yang berkaitan dengan kepailitan dan PKPU. Hasil penelitian ini menyimpulkan bahwa pertama, terhadap kreditor yang merasa dirugikan karena tidak terdaftar dalam perjanjian perdamaian tidak dapat mengajukan permohonan pernyataan pailit. Kedua, putusan homologasi tetap memiliki kekuatan hukum terhadap kreditor yang tidak terdaftar dalam putusan homologasi.Kata Kunci: PKPU; Putusan Homologasi; Kreditor Tidak Terdaftar; Perjanjian Perdamaian.

scholarly journals PKPU Policy Number 20 of 2018 Concerning the Prohibition of Former Corruptors as Legislative Candidates in the 2019 General Election

2021 ◽  
Author(s):  
B Bahrudin ◽  
H Hidayatullah
Keyword(s):  
Data Processing ◽  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
General Election ◽  
Data Sources ◽  
Political Ethics ◽  
The Law ◽  
Laws And Regulations ◽  
Legal Force

This research was conducted to analyse the prohibition of former corruptors’ ability to become legislative candidates based on PKPU Policy Number 20 of 2018, in terms of synchronizing the policy with higher laws and examining it from the perspective of political ethics and legal politics in eradicating corruption in Indonesia. The research method adopted was normative juridical, and the types and sources of data used were secondary data, applying data sources from primary, secondary, and tertiary legal materials. The results of data processing are presented in the descriptive analysis. The outcomes of this research indicate that the synchronization of PKPU policy law No. 20 of 2018 regarding the disallowance of ex-corruptors from becoming legislative candidates clash with higher laws and regulations, namely Law Number 7 of 2017 regarding elections in conjunction with Law Number 12 of 2011 about the formation of laws and regulations. Therefore, the conclusion of the KPU regulations has no binding legal force. The actualization of a fair and sovereign election requires all policymakers’ support, especially in the enforcement and application of political ethics and the law to eliminate corruption in Indonesia. Keywords: policy, ex-corruptors, legislative candidate, election

scholarly journals ASPEK –ASPEK HUKUM PERJANJIAN INTERNASIONAL DAN KAITANNYA DENGAN MOU HELSINKI

2019 ◽  
Vol 1 (1) ◽  
pp. 30-39
Author(s):  
Maryati B
Keyword(s):  
International Law ◽  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
International Agreement ◽  
Peace Agreement ◽  
Library Research ◽  
The Status ◽  
Free Aceh Movement ◽  
Correct Implementation

The Helsinki 2005 Memorandum of Understanding (MoU) is a peace agreement that was made by the international law subjects upon the agreement between the states (Indonesia) and the rebel group (Free Aceh Movement - GAM).  However, there are some questions underlying this agreement. The first is whether the Helsinki MoU can be classified as an international agreement or not if it is viewed from the subjects who signed the agreement. The second issue is about the status of the parties who signed the MoU; whether it can be eliminated according tothe agreement rules or not. The last issue is due to the law consequences ifthose parties break the agreement during the implementation of the MoU. This studyused a qualitative research method. The primary data was collected through interviews and the secondary data was obtained through the library research. The data was analyzed by using descriptive analytical method that was written in the form of report.From the data analysis it is found that the MoU Helsinki is categorized as an international agreement which use a treaty contract that only applies to the parties who sign the agreement. Considering of this agreement that is signed by only two parties which bound by the agreement rules; so, the parties must not be eliminated. This is done in order to keep the agreement to be still in place and not extinct. Further, it is also found that if the infraction happens during the implementation of the agreement i.e break the local laws (qanun) and its derivatives; then, the inflicted party can prosecute the offender into the trial. They also can request for a detriment or ask for the correct implementation of the agreement as it is agreed upon the agreement. If the infraction does occur, it will put the agreement at risk and harm the MoU. It is suggested that the Indonesian government should implement the MoU as it is already stated in the agreement and also bring about the qanun that has been made by both parties. This is done as the way to keep the peace agreement still in place.

scholarly journals KEABSAHAN KEWENANGAN KURATOR DALAM MEMBUAT PERJANJIAN PERDAMAIAN SETELAH GAGALNYA PKPU DAN DEBITOR DINYATAKAN PAILIT (Contoh Kasus: Putusan No.486 PK/Pdt/2018)

2019 ◽  
Vol 2 (1) ◽  
pp. 1064
Author(s):  
Serlin Vanessa ◽  
F. X. Suyud Margono
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Time Limit ◽  
Legal Research ◽  
Peace Agreement ◽  
Business World ◽  
Predetermined Time ◽  
Debt Payment

Debt is something that is common in the business world. This loan must be approved in accordance with the period agreed upon by the parties. Loans given by Creditors to Debtors are carried out with approval.If within a predetermined time limit, the Debtor has not been able to repay the loan, the Debtor may request approval for Delaying Obligations of Debt Payment or PKPU. However, in this study, PKPU failed to do PT. Dewata Royal International was immediately bankrupt. After the bankruptcy was read out by the Court, Curator was appointed, Swandy Halim. Swandy Halim in carrying out his duties as a Curator has made a Peace Agreement with Rustandi Jusuf as the Managing Director of PT. Dewata Royal International. In UUK, PKPU approved the Curator's task was to bankrupt and not make a Peace Agreement, especially with the Bankrupt Debtor, because it was the Debtor with his Kreditors who made the Peace Agreement.The research method used by the author is normative legal research that focuses on the use of secondary data using descriptive analytical specifications. Then, the analysis of the data used by the author is qualitative research.In this study, conclusions were obtained about the Curator being able to make a Peace Agreement with a bankrupt Debtor as long as the above mentioned Peace Agreement is from bankrupt assets so as not to cause a loss to the bankrupt property. then, the Peace Agreement made by Curator Swandy Halim was then approved legally.

scholarly journals Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL)

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Anita Afriana ◽  
Abdoel Harun Lamo
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Certainty ◽  
The Law ◽  
Legal Consequences ◽  
Legal Force ◽  
Civil Dispute

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.

scholarly journals LEGAL EFFORTS OF EXECUTION APPLICATION AGAINST JOINT TREATMENT DECISIONS (Study of the Implementation of Decisions on the Decisions of Religious Courts Number: 0701 / Pdt.G / 2014 / PA.Mlg)

2019 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Tinuk Dwi Cahyani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Certainty ◽  
Principles Of Justice ◽  
Religious Courts ◽  
Case Number ◽  
Joint Treatment ◽  
Legal Force

Case Number: 0701 / Pdt.G / 2014 / PA.Mlg is the product of the Malang Religious Court which has permanent legal force. In fact, after the ruling gets permanent legal force, it is known that the parties have a joint debt which causes problems for the parties who are responsible for paying off the joint debt if the decision only regulates the share of each of these assets. The problems in this study are: 1) The judge's decision regarding the division of joint assets in terms of legal certainty and justice in the decision Number: 0701 / Pdt.G / 2014 / PA.Mlg. 2) The implementation of sharing the shared assets 3) The implementation of shared debt division if there is no decision by the judge, in fact there is a joint debt. The author uses an empirical juridical research method located in the Malang Religious Court. Primary data is obtained by interviewing the Head and the Registrar of the Malang Religious Court and the Judge who handled the case Number: 0701 / Pdt.G / 2014 / PA.Mlg and the secondary data is obtained from research and literature review which consisted of laws and other legal materials which are relevant. Regarding the opinion of the Panel of Judges on the decision of 0701 / Pdt.G /2014 / PA.Mlg it can be learned from legal considerations in the a quo decision. In general, the principles of justice and legal certainty must be upheld. Justice must be upheld in accordance with the provisions of Article 35 to 37 of Act Number 1 of 1974 concerning Marriage, Article 85 up to Article 97 of the Compilation of Islamic Law.

Pengaruh Kinerja Keuangan Dan Corporate Social Responsibility (CSR) Terhadap Nilai Perusahaan Perbankan Di Bursa Efek Indonesia

2018 ◽  
Vol 26 (1) ◽  
pp. 95-111
Author(s):  
Sulastiningsih Sulastiningsih ◽  
Rizka Imanita Sholihati
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Financial Performance ◽  
Firm Value ◽  
Research Method ◽  
Quantitative Research ◽  
Annual Report ◽  
Stock Exchange ◽  
Secondary Data ◽  
Corporate Social

This study aims to determine whether the financial performance measured by using CAR, ROA, LDR, BOPO, and CSR can affect the value of banking companies as measured by using PBV. This study uses secondary data taken from the annual report of banking companies during the year 2012-2016 listed on the Indonesia Stock Exchange. The number of samples of this study as many as 25 banking companies with a total of 125 data. This research method is quantitative research. The results of this study indicate the effect of CAR, ROA, LDR, BOPO, and CSR variables on firm value measured by using PBV in a banking company listed on the Indonesia Stock Exchange. Keywords: CAR, ROA, LDR, BOPO, CSR, PBV

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

A Study On Employee Perception On Effectiveness Of Training Programs In Myanmar Citizens Bank

2019 ◽  
Vol 118 (11) ◽  
pp. 603-618
Author(s):  
ZawZawMyint ◽  
Sandeep Poddar ◽  
Abhijit Ghosh ◽  
Amiya Bhaumik
Keyword(s):  
Research Method ◽  
Training Programs ◽  
Secondary Data ◽  
Employee Perceptions ◽  
Annual Reports ◽  
Primary Data ◽  
Roles And Responsibilities ◽  
Descriptive Research ◽  
Effectiveness Of Training ◽  
And Training

In banking industries, employees are entrusted with different roles and responsibilities, and training enables them to carry out these roles and responsibilities efficiently by let them to learn new things. Moreover, it will prepare them to take up higher responsibilities in the future. Therefore, this study focuses to analyze the employee perceptions on effectiveness of Training Programs in Myanmar Citizens Bank (MCB).  By using the descriptive research method, primary data are collected from the responsible persons and employees of MCB in head office, branches. Secondary data are gathered and scrutinized from relevant text books, records and annual reports from MCB. The research revealed that there are four kinds of training programs in MCB. Moreover, this paper revealed that MCB successfully delivered its training programs in year 2015 to 2018 and the trainees have positive perceptions on effectiveness of training programs in MCB. Based on these results, this paper pointed out the important facts that can give improvement actions for effective and efficient training programs in Myanmar Citizen Banks.

Pengaruh Audit Tenure dan Komite Audit Terhadap Kualitas Laba Pada Perusahaan Manufaktur yang Terdaftar Di Bursa Efek Indonesia Tahun 2009-2011

Al-Buhuts ◽  
2017 ◽  
Vol 13 (2) ◽  
pp. 127-145
Author(s):  
Sayuthi Sayuthi
Keyword(s):  
Regression Analysis ◽  
Panel Data ◽  
Research Method ◽  
Audit Committee ◽  
Stock Exchange ◽  
Secondary Data ◽  
Target Population ◽  
Financial Statements ◽  
Negative Influence ◽  
Manufacturing Company

This study aims to provide empirical evidence on the effect of audit tenure and audit committee to earning of quality. The research was conducted at a manufacturing company listed on the Indonesia Stock Exchange in 2009-2011. This type of study is a research verificative or hypothesis testing research. The research method used in this research is census and balanced panel data. Target population in this study is a manufacturing company that has complete data for all variables studied. The population of this study is 39  firms which observed periods are 3 years. The data collection techniques using secondary data from financial statements have been audited and published www.idx.co.id obtained from website to the financial statements in the period 2009-2011. The hypothesis is tested by using multiple regression analysis. This result shows that (1) when there is not audit tenure and audit committee, earning of quality is at 95,4% and is not at 100% (2) audit tenure and audit committee simultaneously have negative influence toward earning of quality (3) Audit tenure and audit committee partially has negative influence toward earning of quality.

PROFITABILITY ANALYSIS OF TERUBUK FARMING (SACCHARUM EDULE HASSKARL) IN SUBDISTRICT TOSA DISTRICT OF EAST TIDORE OF TIDORE ISLAND

2018 ◽  
Author(s):  
Suwandi S. Sangadji
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Quantitative Method ◽  
Secondary Data ◽  
Primary Data ◽  
Profitability Analysis ◽  
Sample Method ◽  
Document Review ◽  
Revenue Production

The purpose of this researchment is to ascertain how wide the farming of species Saccharun Edule Hasskarl (terubuk) in sub district Tosa, district of East Tidore of Tidore Island through the indicator of the value revenue, production and selling prices so that the farmers will achieve The Break Event Point (BEP). The research method was used a quantitative method with the number of samples of 30 people. The determination of the sample method is using the census method or involving all members of the population into a sample of researchment. The secondary data collection was done by using library literature in the form of document review and relevant references to research object while primary data collection was done by using questionnaire. The data is using equation R /C Ratio, BEP Revenue, BEP Price, and BEP Production. Therefore from the results of the researchment it can be explained that the two of the thirty farmers come through the break event point, while the other twenty-eight farmers declared having a business that worth to be develop or experiencing profit, because the R/C ratio is above 1.0 with average profit reach Rp. 989.000, - per production / farmer.

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