The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

<p>Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.</p><p>Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors <br /> <br /> <br /> <br /> <br /> <br /> </p>

The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System

<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>

Law Enforcement on Ordinary Crimes in Minor Motive using Restorative Justice: Perspective Criminal Law Reform

<p align="justify">The disparity by judges in decisions led to the inability of people facing criminal offenses. Laws are not grounded to small communities, the judicious use of a crime in Indonesia as well as the strength of spider webs in which only able to ensnare minor crimes, but are not able to touch the major crimes that occurred in Indonesia. This study uses normative juridical. The results of this study found that completion ordinary crime patterned petty can be reached with a restorative justice approach, so it can focus on the direct participation of the offender, victim and community.</p>

The Disputes of South China Sea From International Law Perspective

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

The Independence Judge Verdict in Tax Dispute Resolution

<p align="justify">Tax tribunal as a specialized court exercising judicial powers to investigate and adjudicate tax disputes still using a system of dualism coaching, because until now there has been no revision or amendment of Law No. 2 of 2002 on the Tax tribunal. Independence and freedom of the Tax tribunal judge in deciding tax disputes must uphold justice, and not subject to and bound by any party. This research using theory of Justice based on the Pancasila. Grand Theory, theory of the State of Law as the Middle Range Theory and an Independent Judicial Power Theory. Applied Theory. This research was conducted using a normative juridical. Based on the research results show that the Tax tribunal judge in examining and deciding tax disputes has been carrying out its obligations which reflect the independence and the independence of judges and impartially and has fulfilled the principles of independent judicial power, in accordance with the provisions of Article 24 of the 1945 Constitution.</p>

Alignment of Outsourcing Agreement on Protection Law and Justice

<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty.</p>

Flexibility Protection of Copyright in Indonesia

<p align="justify">Information technology developments with various functions of application has become public needs on performing activities of daily life. Information technology development and duplication have a positive contribution to human civilization in modern times, but has given distortion of copyright protection in Indonesia. Establishment Copyright Act No. 28 of 2014 is expected to provide protection originators without extinguish of information technology. Normative juridical approach used in this research to described descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected with literature study to support the object assessment. The results showed that Copyright Act No. 28 of 2014, not be able to restrict application functions of user as protection for originators. Surveillance, prevention and control of information technology user and duplication should be done in an integrated manner with involvement of businesses and third parties who have the technological ability to control digital devices in the process of duplication.</p>

Supervisory Function on Judges: Prevent Corruption Context

<p align="justify">The purpose of this research was to determined the effectiveness of the supervision of the Supreme Court judges in Indonesia. Supervision the code of ethics and code of conduct of judges can be seen from the number of public complaints on judges are immoral and detention of judges by the Corruption Eradication Commission. The method used in this research was normative legal research/normative juridical, the data were analyzed descriptively qualitative. The research founded that The Supreme Court’s role in the framework of the supervision of judges has not been effective. This research suggested that judges should have high integrity, visionary, and also understanding for law and social sciences, and also should have the intellectual character, thus judges feel protected by the presence of the Supreme Court.</p>

Basics of Legal Authority Forest Management In Indonesia

<p align="justify">Administer or manage the forest is a very interesting activity and into the desire of many parties for fighting over. This is due to the forestry sector and the potential to bring a source of income. Conflicts of authority or claims that occur in the field of forestry for at least related to the legal instruments governing on division of authority. To prevent possible conflicts of authority in the field of forestry, need to be investigated and disclosed on the basic principles of authority. Resolving conflicts of authority and determine who has the most right to manage forests, not enough to simply rely on the creation of new rules, but must begin with the affirmation of principles law and "enforcement" law.</p>

The Disputes of South China Sea From International Law Perspective

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>