scholarly journals Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 103
Author(s):  
Budisidhabhiprodjo Budisidhabhiprodjo
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Protection System ◽  
The Political ◽  
Bankruptcy Law ◽  
Business World ◽  
Legal Remedies ◽  
Debt Payment ◽  
Debtor Protection

In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method  used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.

scholarly journals Legal protection for debtors in determining the application requirements for suspension of debt payment obligations

2021 ◽  
Vol 10 (6) ◽  
pp. 394-402
Author(s):  
Zeto Bachri ◽  
Suhariningsih Suhariningsih ◽  
Sukarmi Sukarmi ◽  
Iwan Permadi
Keyword(s):  
Legal Protection ◽  
Comparative Approach ◽  
Bankruptcy Law ◽  
Legal Interpretation ◽  
Conceptual Approach ◽  
Business World ◽  
Analysis Technique ◽  
Materials Used ◽  
Application Requirements ◽  
Debt Payment

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

scholarly journals Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

scholarly journals Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

2021 ◽  
Vol 2 (1) ◽  
pp. 158-162
Author(s):  
Robertus Berli Puryanto ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Protection ◽  
Economic Activities ◽  
Legal Research ◽  
Work Relations ◽  
Legal Remedies ◽  
The Law ◽  
The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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 OPTIMALISASI ASAS KEMANFAATAN HASIL LELANG EKSEKUSI DALAM PERSPEKTIF HUKUM INVESTASI

2021 ◽  
Vol 13 (1) ◽  
pp. 46
Author(s):  
Rusmin Wijaya ◽  
Achmad Jaka Santos Adiwijaya
Keyword(s):  
Research Method ◽  
Swot Analysis ◽  
Legal Protection ◽  
Third Parties ◽  
Good Faith ◽  
Online Auction ◽  
Legal Certainty ◽  
The Public ◽  
Legal Remedies ◽  
Police Report

The auction activity is the sale of goods open to the public with a written and / or verbal price quote that is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. Auction activities can grow the country's economy, this activity can be optimized through investment. The research method used in this research is normative juridical, and the data are analyzed qualitatively using SWOT analysis. The results of this research there are opportunities and challenges where the Mortgage Certificate has an executorial power, the Regulation supports Investors / Buyers to Invest by buying auction assets, the online auction system aims to enable KPKNL to respond quickly, cheaply, efficiently every request of potential buyers / Investors without have to go through a long bureaucracy, buyers in good faith get legal protection. As for obstacles or challenges in optimizing auction results through investment, namely the presence of auction blockage before the auction, interference or intervention from third parties, and the existence of legal remedies in the form of lawsuits, resistance, rebuttal submitted by the Respondent / debtor at the Court for reasons that are too low or Police Report. With regard to investor legal certainty, namely obtaining legal certainty and legal protection for the purchase of auction assets at the KPKNL in accordance with the provisions stipulated in article 14 of Law Number 25 of 2007 concerning Investment.Keywords : Utility Principle; Auction; Invesment Law.

scholarly journals Reform of Plan Termination in Suspension of Debt Payment Obligations (PKPU) in Indonesia

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 639
Author(s):  
Farih Romdoni Putra
Keyword(s):  
United States ◽  
United States Of America ◽  
Research Method ◽  
The United States ◽  
Comparative Approach ◽  
Bankruptcy Law ◽  
Legal Certainty ◽  
Debt Payment

The bankruptcy law exists to ensure justice for both creditors and debtors. This research aims at identifying matters needed to be reformed in bankruptcy law in Indonesia to create justice for creditors and debtors. Specifically, this research focused on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (“PKPU”). This research was conducted using a normative juridical research method with a conceptual and comparative approach. The author examined the bankruptcy laws in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America, Netherlands, and Singapore Results of this study indicated that the provisions for plan termination in the bankruptcy law do not protect the debtors’ interests. From the termination plan cases in Indonesia, it was also found that there were confusions in the bankruptcy law in Indonesia in which it did not provide legal certainty for both debtors and creditors. The comparison between the bankruptcy laws in Indonesia to the bankruptcy laws in the United States of America, Netherlands, and Singapore also shows that the reform of bankruptcy law in Indonesia needs to be carried out to create flexibility for the implementation of the plan. These findings are discussed further in this article.

scholarly journals Perlindungan Hukum Bagi Kreditor Terhadap Pelunasan Piutang Dari Harta Pailit

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Hamdi Hamdi ◽  
Sulaiman S ◽  
Teuku Yudi Afrizal
Keyword(s):  
Supreme Court ◽  
Capital Investment ◽  
Research Method ◽  
Mining Industry ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
District Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Debt Payment

The concept of legal protection in bankruptcy has so far been seen as a way out of the problem of accounts receivable debt which coincides with a bankrupt debtor, where the debtor no longer has the ability to repay the debts which are past due to their creditors, so that the steps to submit a request for the determination of bankruptcy status by the Court Commerce of the debtor is a possible step to resolve the bankruptcy case. Bankruptcy was originally regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Furthermore, if the parties submitting bankruptcy applications, the Commercial Court Judges at the District Court are required to examine and hear the case being submitted. The research method used is the normative legal research method or library research with the statute aprroach approach and the case aprroach approach. Based on the results of the study, it is known that the form of legal protection for creditors against paying off debts from bankrupt assets in the Supreme Court Decision Number 511 / K / Pdt. Yinchenindo Mining Industry (in bankruptcy) by law becomes a guarantee for its debts to preferred creditors, in this case the Head of the Second Foreign Capital Investment Service Tax Office. Furthermore, the UUK and PKPU also guarantee the rights of creditors in bankruptcy, especially the rights of preferred creditors who have a special position with peace efforts and the postponement of obligations to pay debts of bankrupt debtors to their creditors as stipulated in Article 222 of the UUK and PKPU. The concept of the distribution of bankrupt assets distributed to preferred creditors after deducting bankruptcy fees and compensation for curatorial services where the payment process is settled based on the principle of fairness and balance set forth in Article 265 of the UUK and PKPU, where the preferred creditor parties receive the remaining payment of the receivables amounting to 62.5% ( sixty two point five percent) of the bankruptcy assets.It is expected that the Judges of the Commercial Court and the Court of Appeals at the Supreme Court consider the rights of preferred creditors who pay off their receivables first. The Debtor should be able to immediately submit a request to postpone the debt payment obligation so that the remaining outstanding debt receivables cannot be paid off to the preferred creditors through the sale of free assets. Keywords: Protections of the law, creditor, Treasures of starc

scholarly journals The Urgency of Regulations Revision Related to Filing Bankruptcy and Postponing Debt Payment Obligations Amid the COVID-19 Pandemic

2021 ◽  
Vol 5 (2) ◽  
pp. 105-122
Author(s):  
Centia Sabrina Nuriskia ◽  
Ahmad Yoga Novaliansyah
Keyword(s):  
Research Method ◽  
Civil Procedure ◽  
Bankruptcy Law ◽  
Conceptual Approach ◽  
Procedure Code ◽  
Debt Payment ◽  
Arbitration Award

The purpose of this research is to analyze the requirements of bankruptcy regulations and postponement of debt payment obligations on the increase in bankruptcy filings and delays in debt payment obligations in the middle of the COVID-19 Pandemic. This research uses a normative juridical research method with a statutory approach and a conceptual approach that is supported by primary and secondary legal materials. The results of this research indicate that the increase in filing for bankrBankruptcydelays in paying debt obligations at the Commercial Court is due to unclear rules regarding filing for bankrBankruptcyecially the requirements in filing for bank bankruptcy do not specify the amount of debt that can be filed for bankrBankruptcyre is a need for consideration in making and stipulating bankruptcy arrangements, both in the Draft Civil Procedure Code and the Bankruptcy Law and Suspension of Debt Payment Obligations, especially on issues: the amount of debtor debt, simple evidence, creditors holding guarantees in bankrBankruptcyminal confiscation in bankrBankruptcyker wage rating, bankruptcy estate settlement, and position of the arbitration award in bankruptcy cases.

scholarly journals WEWENANG DAN TANGGUNG JAWAB HUKUM KURATOR ATAS KESALAHAN ATAU KELALAIANNYA MENGAKIBATKAN KERUGIAN BAGI DEBITOR DALAM PROSES HUKUM PENGURUSAN DAN PEMBERESAN HARTA PAILIT

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 154-174
Author(s):  
Serlika Aprita
Keyword(s):  
Legal Protection ◽  
Economic Life ◽  
Business Community ◽  
Legal Responsibility ◽  
Bankruptcy Law ◽  
Business World ◽  
Case Examples ◽  
Protection Theory ◽  
Main Basis ◽  
The Right

ABSTRACT In general, the monetary crisis that hit a country gave an unfavorable influence on the economic life of the country concerned and caused great difficulties in the business community to continue its activities. The ability of the business world to develop its business is very disturbed, even to maintain the continuity of its business activities is also not easy. It was decided that a debtor becomes a bankrupt debtor by the Commercial Court, it will cause legal consequences for the debtor and his assets. In connection with the loss of the right to control and manage the assets of the debtor, the curator has the authority to administer and deposit bankrupt assets. However, in its implementation, the curator has done a lot of mistakes and negligence in carrying out his duties, as found in various case examples, so the debtor must be responsible for errors and omissions. The existence of legal ratios as well as the form and mechanism of curatory legal responsibility has been regulated in Law Number 37 of 2004 based on the theory of legal responsibility and legal protection theory and the opinions of bankruptcy law experts are the main basis for curators to be responsible for their errors or omissions. It is expected that the curator in carrying out his duties to manage and deposit bankrupt debtors' assets can maximally increase the value of bankrupt assets in the interest of creditors.

scholarly journals PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DALAM KEPAILITAN (ANALISIS TERHADAP PUTUSAN PENGADILAN NIAGA NOMOR: 20/PAILIT/2011/PN.NIAGA.SBY)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Wayan Wesna Astara
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Other ◽  
Equal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The World ◽  
Insolvency Proceedings ◽  
Debt Payment

The insolvent Debtor (PT Dwimas Andalan Bali) filed for insolvency by the Creditors (PT. Karsa Industama Mandiri) did not use his rights to submit a Delay for Debt Payment Obligations (DDPO) due to creditors have been in default and there has been an allegation of fraud in the insolvency proceedings becomes a phenomenon in the world of tourism business in Indonesia. In fact that the Debtor filed for insolvency has executed reconciliation with the other creditors, however there was no reconciliation with PT. Karsa Industama Mandiri. Therefore, the debtor has lost his opportunity to prevent insolvency through the Agency of Delay for Debt Payment Obligations (DDPO). Thus, the problems of this thesis are: what are the efforts of DDPO in insolvency mechanism? And how is the legal protection for debtor in insolvency proceedings. This research applied normative legal research method with the historical approach, legislative approach, and conceptual approach. Furthermore, the source of primary legal materials and secondary legal materials were analyzed through the measures of description, interpretation, systematization, evaluation and argumentation. The results of the research showed that the debtor (PT Dwimas Andalan Bali) as the Respondent of Insolvency has filed rebuttal that the Applicant of Insolvency has committed defaults by applying the doctrine of excptio non adimpleti cordractus and the Applicant of Insolvency (PT Industama Karsa Mandiri) was alleged of committing frauds and forgery. Therefore the insolvent debtor who should filed for insolvency to DDPO did not execute it, instead he executed reconciliation with the other creditors unless the Applicant of Insolvency. In this case, the DDPO Agency was not meaningful to the debtor and the Debtor of Insolvency reported the Applicant of Insolvency to the Regional Police of Bali. Related to the legal protection of debtor under the Law of Insolvency and DDPO No. 37 of 2004, there has been no principle reflected to provide equal protection for all relevant parties concerned against one's or company's insolvency

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