scholarly journals Penyalahgunaan Keadaan Dalam Prosedur Permohonan Pailit Di Pengadilan Niaga

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 11
Author(s):  
Ronald Saija

In line with the rapidly growing trade trajectory, increasing and on an increasingly widespread and global scale, where corporate debt problem is getting complicated and requires effective legal regulation. The development of the global economy today requires the rule of bankruptcy law that is able to meet the legal needs of business people in the settlement of their accounts receivable. The monetary turmoil that occurred in mid-July 1997, resulted in a very wide impact on business development in Indonesia. In the face of this kind of thing, it is of course deemed necessary to take remedial measures, especially legal certainty in order to balance the interests of the company or the interest between creditors and debtors who go bankrupt. One of the legal means underlying the settlement of accounts payable is the regulations concerning the procedure of bankruptcy petition in the Commercial Court, as stipulated in Government Regulation in Lieu of Law No. 1 of 1998 on Amendment to the Law on Bankruptcy (Faillissement Verordening), which subsequently stipulated as Law No. 4 of 1998 on Bankruptcy, then underwent changes and improvements to Law of the Republic of Indonesia Number 37 Year 2004 concerning Bankruptcy and Suspension of Payment Obligation (PKPU). However, this law is felt to be less effective and less tested, due to the abuse of circumstances of interest, the factor of rights and power status factors in the current Bankruptcy application in the Commercial Court.

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.


2017 ◽  
Vol 24 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Hien Tran ◽  
Malcolm Abbott ◽  
Chee Jin Yap

Purpose Well-designed and implemented working capital management (WCM) will encourage positive returns for a business and establish the firm’s value, while ineffective management will undoubtedly lead to failure of the enterprise. The paper aims to discuss these issues. Design/methodology/approach In business, fixed capital and working capital are the two main forms of capital used. The current assets used in the business as working capital for day-to-day operations include raw materials, work in progress, finished goods, bills receivable, cash and bank balance. This paper analyses the relationship between WCM and profitability in Vietnamese small- and medium-sized enterprises (SMEs) after integration into the global economy. Findings The results suggest that SME owner-managers can increase their firm’s profitability by reducing the number of days of accounts receivable, accounts inventories and accounts payable to an optimal minimum. In addition, a robustness check of this study indicates that high profitability will be achieved, with an optimal level of working capital investment in accounts inventories, accounts receivable and accounts payable. Originality/value No work of this sort has been applied to Vietnamese circumstances. It is also rare in SE Asia more generally.


2021 ◽  
Vol 1 (1) ◽  
pp. 13-41
Author(s):  
William I. Robinson

El período comprendido entre 2008 y la tercera década del siglo XXI se caracteriza por una crisis prolongada para el capitalismo global, tanto estructural como política, que se ha visto agravada por la pandemia del coronavirus. La era de la globaliza-ción ha supuesto una transformación radical en curso en las modalidades de producción y apropiación de plusvalía. Existe una imparable concentración y centralización extrema del capital a escala global en los conglomerados financieros que a su vez actúan para en-trelazar toda la masa del capital global. Ahora el sistema está experimentando una nueva ronda de reestructuración y transformación basada en una digitalización mucho más avanzada de toda la economía y la sociedad global. Los agentes del capitalismo global están intentando adquirir para el sistema una nueva oportunidad de reproduccióna través de esta reestructuración digital y mediante la reforma que algunos entre la élite global están defendiendo frente a las presiones masivas desde abajo. Másallá de la coordinación de políticas transnacionales entre estados, el poder estructural que la clase capitalista transnacional puede ejercer desde arriba sobre aquellos socavará la reforma a menos que haya una contramovilización masiva del poder desde abajo. Si alguna reforma reguladora o redistributiva llega a concretarse, la reestructuración puede, dependiendo de la correlaciónde fuerzas sociales y de clase, desencadenar una nueva ronda de expansión productiva que atenúe la crisis. Sin embargo, a largo plazo, sin una reforma más profunda que la que se vislumbra actualmente en el horizonte, es díficil observar cómo el capitalismo global podría continuar reproduciéndose. The period from 2008 into the third decade of the twenty-first century has been one long protracted crisis for global capitalism, as much structural as political, that has been aggravated by the coronavirus pandemic. The era of globalization has involved an ongoing radical transformation in the modalities of producing and appropriating surplus value. There is an extreme and still increasing concentration and centralization of capital on a global scale in the financial conglomerates that in turn act to interlock the entire mass of global capital. Now the system is undergoing a new round of restructuring and transformation based on a much more advanced digitalization of the entire global economy and society. The agents of global capitalism are attempting to purchase for the system a new lease on life through this digital restructuring and through reform that some among the global elite are advocating in the face of mass pressures from below. Beyond transnational policy coordination among states, the structural power that the transnational capitalist class is able to exercise from above over states will undermine reform unless there is a mass counter-mobilization of power from below. If some regulatory or redistributive reform actually comes to pass, restructuring may, depending on the play of social and class forces, unleash a new round of productive expansion that attenuates the crisis. In the long run, however, it is difficult to see how global capitalism can continue to reproduce itself without a much more profound overhaul than is currently on the horizon, if not the outright overthrow of the system.


2018 ◽  
Vol 69 (3) ◽  
pp. 298-321
Author(s):  
Ivan Rubinić ◽  
Dejan Bodul

The contemporary stand among scientists is that the role of the state, within mixed market economies, should be reduced to the task of ensuring the institutional framework in order to protect the free market. However, occurrences of the “too-big-to-fail” entities constitute a challenge for the government regarding its ability to manage economic affairs in the traditional manner. Given that the nature of these entities makes them relevant on the verge of their own collapse, the authors focused on the legal and economic aftermath of their failures. The authors undertook extensive research into this topic with the primary goal of arguing that government regulation, in the cases of collapsing “too-big-to-fail” entities, is necessary for achieving stability of the system. After researching of the government’s role both in theory and practice, the authors displayed the findings of the analysis of the legal possibilities within the bankruptcy law of the Republic of Croatia. The historical and practical context of the research is the implementation of the legislation in the complex case of Agrokor Group. Ultimately, the authors argue that the magnitude of the collapsing “too-big-to-fail” company requires government intervention in order to preserve economic stability in the region, in addition to maximizing social welfare.


Yuridika ◽  
2019 ◽  
Vol 35 (1) ◽  
pp. 1
Author(s):  
Andika Wijaya

One of the mechanisms that can be taken in resolving accounts payable to a limited liability company in bankruptcy. In the case of bankruptcy due to mistakes made personally by the Board of Directors and the Board of Commissioners, they must be responsible for debts held by limited liability companies. The company law regulates the way for the Board of Directors and Board of Commissioners to avoid liability for losses suffered by the company, through the doctrine of the Business Judgment Rule (BJR). In practice, the application of the BJR doctrine in bankruptcy law is characterized by differences in interpretation between law enforcers. Differences in interpretation occur because there is no clear provision in the Republic of Indonesia Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt (Law No. 37/2004) which limits the filing of bankruptcy applications to the personal Directors and Board of Commissioners. The research in this article is carried out by reform-oriented research methods, to make changes to Law No. 37/2004 to clarify the application of the BJR doctrine in bankruptcy law in Indonesia. With the implementation of legal reform, it is expected that there will be no difference in interpretation regarding the application of the BJR doctrine to bankruptcy law at the Commercial Court in Indonesia.


Author(s):  
M. P. Sarunova ◽  
T. V. Burlutkin ◽  
T. Z. Sandzhieva

The article shows the organizationsaccounts payableof the Republic of Kalmykia as one of the most important elements of financial analysis as a separate organization, industry and the whole region. The dynamic changes in accounts payable on the basis of statistical datawere analyzed. It was revealed that the vast majority of overdue accounts payable was formed in housing and communal services. We carried outthe structural analysis of overdue debt composition and revealed the ways of its control. In order to identify the most "vulnerable" areas of economic activity from non-payment, the share of overdue debt to the total amount of debt by industry was considered. To assess the timeliness of payments of enterprises on obligations and the quality of accounts payable, we performed the analysis of the share of overdue accounts payable in its total volume. On thatbasiswe found out the approaches to optimizing the management of accounts payable, leading to the growth of financial results and further development of the economy of the Republic of Kalmykia. To analyze financial stability, it is important to consider not only the status of accounts payable, but also the ratio of accounts receivable to accounts payable. The analysis showed that the proportion is irrational; it is obvious that companies have attracted significant borrowed resources, but currently use of them in their current activitiesinefficient. The article concludes that the financial situation of enterprises and organizations of the region is extremely unstable when there is an annual growth of accounts payable and accounts receivable. In order to stabilize the financial condition of enterprises and organizations of the Republic of Kalmykia, improve their solvency and strengthen the settlement and payment discipline we explored the possibility of restructuring of accounts payable, which requires an analysis of each creditor separately, including all components of the debt-principal amount, interest and penalties.


In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.


2020 ◽  
Vol 30 (11) ◽  
pp. 1588-1594
Author(s):  
Ogochukwu J. Sokunbi ◽  
Ogadinma Mgbajah ◽  
Augustine Olugbemi ◽  
Bassey O. Udom ◽  
Ariyo Idowu ◽  
...  

AbstractThe COVID-19 pandemic is currently ravaging the globe and the African continent is not left out. While the direct effects of the pandemic in regard to morbidity and mortality appear to be more significant in the developed world, the indirect harmful effects on already insufficient healthcare infrastructure on the African continent would in the long term be more detrimental to the populace. Women and children form a significant vulnerable population in underserved areas such as the sub-Saharan region, and expectedly will experience the disadvantages of limited healthcare coverage which is a major fall out of the pandemic. Paediatric cardiac services that are already sparse in various sub-Saharan countries are not left out of this downsizing. Restrictions on international travel for patients out of the continent to seek medical care and for international experts into the continent for regular mission programmes leave few options for children with cardiac defects to get the much-needed care.There is a need for a region-adapted guideline to scale-up services to cater for more children with congenital heart disease (CHD) while providing a safe environment for healthcare workers, patients, and their caregivers. This article outlines measures adapted to maintain paediatric cardiac care in a sub-Saharan tertiary centre in Nigeria during the COVID-19 pandemic and will serve as a guide for other institutions in the region who will inadvertently need to provide these services as the demand increases.


1998 ◽  
Vol 2 (1) ◽  
pp. 118-142 ◽  
Author(s):  
Paul Burkett

AbstractRecent decades have seen a rethinking and renewal of Marxism on various levels, beginning in the 1950s and 1960s when New-Left movements in the developed capitalist countries combined with Maoist, Guevarist, and other Third-World liberation struggles to challenge the ossified theory and practice of Soviet-style communism and traditional social democracy. More recently, the rethinking of Marxism has been driven largely by the collapse of the Soviet Union and its official Marxist ideology, and by the movement toward neoliberal ‘free market’ policies on a global scale, which together have brought forth a tidal wave of frankly pro-capitalist as well as ‘postmodern’ left varieties of ‘end of history'-type thinking. The contemporary challenge to Marxism, however, also has a positive side in the form of popular revolts against the neoliberalisation of the global economy – the Chiapas rebellion in Mexico, the December 1995 public sector upheavals in France, and many others, not to mention the heroic struggle of the Cuban people against the threat of recolonisation by US and global capital. Here the challenge is to incorporate the changing forms of working-class movement, and their new prefigurations of post-capitalist society, into the theory and practice of Marxian communism.


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