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.

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.

scholarly journals Kedudukan Sita Umum Terhadap Sita Lainnya Dalam Proses Kepailitan (The Position Of General Seizure Towards Others In The Process Of Bankrupcy)

2019 ◽  
Vol 9 (2) ◽  
pp. 217-234
Author(s):  
Luthvi Febryka Nola
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Legal Principles ◽  
Time Period ◽  
Library Studies ◽  
The Impact

Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak.  Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum.  Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.

scholarly journals TanggungJawab Polri dalam Pengamanan Calon Kepala dan Wakil Kepala Daerah di Kota Denpasar

2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Legal Research ◽  
Responsible Action ◽  
National Police ◽  
Article 5 ◽  
Security Procedures

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.

scholarly journals MEDIASI SEBAGAI UPAYA PENYELESAIAN PERKARA YANG BERSIFAT KOOPERATIF

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 897
Author(s):  
I WAYAN SUWANDA
Keyword(s):  
Research Method ◽  
Low Cost ◽  
Secondary Data ◽  
Judicial System ◽  
Primary Data ◽  
Legal Research ◽  
Complex Needs ◽  
Study Approach ◽  
Efficiency And Effectiveness ◽  
Long Time

      It is estimated that the judicial system will not be able to meet the increasingly complex needs of society. This estimate is based on facts in the field. Dispute resolution through courts is considered too convoluted, takes a long time, and is inefficient for businesses that emphasize efficiency and effectiveness. Besides, the court's decision does not satisfy the parties. The principle of simple, fast, low-cost justice is still only a slogan.      Answering this problem, a study is conducted using the empirical normative legal research method with a study approach based on statutory regulations, conceptual approaches, and case approaches. Types and sources of data used in this study are primary data and secondary data with data collection techniques through document study and interviews, where the data obtained will be analyzed qualitatively deductively. Based on the results of research and discussion, it was found that mediation as a solution to the settlement of cases, both in court and outside the court, is cooperative

scholarly journals Pengalihan Hak Atas Tanah Yang Objeknya Diikat Hak Tanggungan

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 127
Author(s):  
Anak Agung Sagung Karina Prabasari ◽  
Sirtha I Nyoman
Keyword(s):  
Qualitative Analysis ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Laws And Regulations

The purpose of this paper is to find out and analyze whether or not it is permissible to transfer HT objects and about the type of agreement used to transfer some HT objects. The writing method used in this research is empirical legal research method with qualitative analysis, with a sociological juridical approach. The data sources used consisted of primary data through interviews with several Notaries / PPAT and secondary data including laws and regulations, books and journals. The results showed, first, that the transfer of HT objects is allowed even though it was not previously agreed in the APHT. Second, the types of agreements used consist of the agreement to carry out the sale and purchase of some HT objects in the form of PPJB and subsequently AJB, agreements related to the purchase and sale of HT objects, agreements related to the process of breaking and separating HT objects, making SKMHT and APHT . Tujuan penulisan ini untuk mengetahui dan menganalisis apakah diperbolehkan atau tidaknya pengalihan objek HT dan mengenai jenis perjanjian yang dipakai untuk mengalihkan sebagian objek HT. Metode penulisan yang digunakan pada penelitian ini adalah metode penelitian hukum empiris dengan analisis kualitatif, dengan pendekatan yuridis sosiologis. Adapun sumber data yang digunakan terdiri dari data primer melalui wawancara ke beberapa Notaris/PPAT dan data sekunder meliputi peraturan perundang-undangan, buku-buku dan jurnal-jurnal. Hasil penelitian menunjukkan, pertama, bahwa pengalihan obyek HT diperbolehkan meskipun sebelumnya tidak diperjanjikan dalam APHT. Kedua, Jenis-jenis perjanjian yang dipergunakan terdiri dari perjanjian kesepakatan untuk melakukan jual beli atas objek sebagian objek HT berupa PPJB dan selanjutnya AJB, perjanjian terkait pembayaran hasil jual beli objek HT, perjanjian terkait proses pemecahan dan pemisahan objek HT, perjanjian pembuatan SKMHT dan APHT

scholarly journals Ad Hoc Board’s Ethics and Conduct Code Violation in Bolaang Mongondow General Election Commissions (KPU)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ni Made Desika Ermawati Putri
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Qualitative Data ◽  
Ad Hoc ◽  
Secondary Data ◽  
Legal Research ◽  
North Sulawesi ◽  
Preventive Actions ◽  
Study Results ◽  
Code Violations

The purpose of this study was to determine the implementation of repressive and preventive actions of the Ad Hoc board’s Ethics and Conduct Code in Bolaang Mongondow KPU. The research method used was empirical legal research methods, the data were from primary and secondary data with data collection techniques used were documents study and interview. The data were analyzed using qualitative data analysis, where all collected data were analyzed, connected into one another, and presented descriptively and systematically. Based on the study results, it is known that the repressive and preventive mechanism of the Ethics and Conduct Code of Ad Hoc Board of Bolaang Mogondow KPU in organizing Election for the Governor and Deputy Governor of North Sulawesi in 2020 had been carried out in accordance with statutory regulations. There were 5 (five) cases of Ethics and Conduct Code violations carried out by the Ad Hoc Board within the Bolaang Mongondow KPU.

scholarly journals COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE

2021 ◽  
Vol 10 (2) ◽  
pp. 226
Author(s):  
Faisal Faisal ◽  
Derita Prapti Rahayu
Keyword(s):  
Law Enforcement ◽  
Secondary Prevention ◽  
Research Method ◽  
Criminal Policy ◽  
Secondary Data ◽  
Legal Research ◽  
Mining Areas ◽  
Mining Law ◽  
Basic Ideas ◽  
Rational Actions

<em>The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.</em>

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.

Prohibition of Price Discrimination Practice Under Law No. 5 Of 1999 On Prohibition of Monopoly Practices and Unhealthy Business Competition

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Hangga Prajatama
Keyword(s):  
Market Power ◽  
Price Discrimination ◽  
Subject Matter ◽  
Research Method ◽  
Legal Research ◽  
Business World ◽  
Business People ◽  
Legal Documents ◽  
The Subject ◽  
Barrier To Entry

In the business world, business competition or competence among business people in seizing the market is very reasonable. However, this becomes unnatural when the competition is carried out in an unfair manner, with the aim of preventing other business actors from competing (barrier to entry) or shutting down competitors' businesses. One form of anti unfair competition carried out by business actors in creating market power has been anticipated in Law Number 5 of 1999, namely the existence of price discrimination. The research method used is normative juridical, namely legal research that emphasizes the review of legal documents and library materials related to the subject matter. Based on the research that has been done, there is an Article that Regulates Regarding Price Discrimination in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is located in Article 6 which states that business actors are prohibited from making agreements that cause one buyer to pay a price that is different from the price that must be paid by other buyers for the same goods and / or services. and the Guidelines for the Business Competition Supervisory Commission on Implementation Provisions in Article 6 of Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Prohibition, Price Discrimination, Law No. 5 of 1999.

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.

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