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Journal articles on the topic 'Payment of creditors'

Author: Grafiati

Published: 4 May 2024

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1

Johan, Suwinto. "Separatist Creditors Problems on Postponement of Debt Payment Obligations Based on the Supreme Court’s Decree Number 30/KMA/SK/I/2020." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 3 (2021): 207–20. http://dx.doi.org/10.25041/fiatjustisia.v15no3.1956.

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Debt Payment Obligation postponement is an effort for creditors and debtors to settle the debts with a more efficient process. The creditor of a company consists of concurrent and separatist creditors. Based on the Supreme Court Decree Number 30/KMA/SK/I/2020 Book I on the Guidelines for the Settlement of Requests for Bankrupt and Postponement of Debt Payment Obligation of the Supreme Court of the Republic of Indonesia, the creditors who can submit Postponement of Debt Payment Obligation (PKPU) are only concurrent creditors. The separatist creditors are not allowed to submit PKPU. This is diff

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2

Johan, Suwinto. "Material Adverse Change: An Alternative Solution to Suspension of the Debt Payment." Humaniora 11, no. 3 (2020): 211–18. http://dx.doi.org/10.21512/humaniora.v11i3.6606.

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The research aimed to provide alternative solutions with Material Adverse Change (MAC) before reaching the suspension of the debt payment obligation stage. The pandemic situation had caused many companies to experience difficulties in fulfilling their obligations, including payment obligations or debts to suppliers and creditors. If there were circumstances where the company could not fulfill its obligations, then the creditor would be able to collect through debt-restructuring to bankruptcy. The restructuring was carried out through the suspension of the debt payment obligation (Penundaan Kew

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3

Pramudita, Shabrina Aliya, Kartikasari Kartikasari, and Amelia Cahyadini. "KEDUDUKAN HUKUM MENKOMINFO DALAM PELAKASANAAN PERDAMAIAN MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (2020): 101. http://dx.doi.org/10.24269/ls.v4i1.2347.

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Susension of Payment (PKPU) is the time given by the law through the commercial court’s judgment where the Creditor and the Debtor are given the chance to discuss the ways to pay their debts by giving the payment plan as a whole or in partial, including if it is considered necessary to restructure the debts. It is known that there is the implementation of the peace agreement in PKPU. The parties in the implementation of the peace agreement are the Creditor and the Debtor. Moreover, it is also known that there are Preferred Creditor and Concurrent Creditor. However, in regard to the classificat

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4

Masakke, Fransisca Utami, Irena Hapsari, and Syaukah Az-Zahro. "ASPEK AGUNAN SEBAGAI PERLINDUNGAN HUKUM BAGI BANK SELAKU PENYEDIA LAYANAN KREDIT ONLINE." Perspektif Hukum 20, no. 1 (2020): 1. http://dx.doi.org/10.30649/phj.v20i1.236.

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The implementation of lending and borrowing money or credit in general requires an additional agreement in the form of a guarantee agreement for the safety of the loan. Debt guarantees are giving confidence to creditors over the payment of debts they have given to debtors, this is due to the law or the issuance of an agreement that is assessoir of the principal agreement. Regarding the nature of the collateral agreement is the assessoir, that agreement follows the principal collateral in the form of a debt or credit agreement. The type of debt collateral can be in the form of material collater

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5

MAULUDIN, NOVIE AFIF. "KEDUDUKAN KREDITOR SEPARATIS DALAM PROSES KEPAILITAN." GANEC SWARA 17, no. 1 (2023): 24. http://dx.doi.org/10.35327/gara.v17i1.366.

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The purpose of this study is to find out how the position of separatist creditors in the bankruptcy process is. To answer the problem formulation of the author. The research method used is a normative juridical research method, namely legal research conducted by examining library materials or secondary data. By collecting and then reviewing library materials or secondary data relevant to this research. The results of the research that the provisions in the Law on Guarantees and the Law on Bankruptcy and Debt Payment Delays in which the position of separatist creditors takes precedence over oth

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Aprita, Serlika, Amanda Mutia Carissa, Andini Yulia Putri, and Sabrina Sabrina. "PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG." Solusi 21, no. 1 (2023): 1–16. http://dx.doi.org/10.36546/solusi.v21i1.715.

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  The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach b

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7

Ariqah, Putri, and Siti Anisah. "ARRANGEMENT OF BANKRUPTCY DEBT REPAYMENT TOWARD EMPLOYEES IN INDONESIA AND GERMANY." Indonesia Private Law Review 3, no. 1 (2022): 53–68. http://dx.doi.org/10.25041/iplr.v3i1.2598.

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Employees have special rights in the settlement of bankrupt debts to obtain their rights as regulated in the Indonesian Bankruptcy Law. However, employees must compete with other creditors who also have privileges under bankruptcy law, such as the tax office, insurance policy holder, and bankruptcy fees. Due to the existence of several special creditors, employees do not get their rights in the first order as regulated in the labor law. This study aims to determine the mechanism for filing bankruptcy against debtors in terms of legal entities and the position of employees in paying bankruptcy

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8

Nabiu, Musriyadi, Reflis, and Aswin. "KORELASI FAKTOR SOSIAL EKONOMI RUMAH TANGGA DENGAN TINGKAT PENUNGGAKAN PENGEMBALIAN KREDIT P4K DI KECAMATAN MUARA BANGKAHULU KOTA BENGKULU." Jurnal AGRISEP 8, no. 2 (2009): 12–23. http://dx.doi.org/10.31186/jagrisep.8.2.12-23.

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This research is intended to study characteristics of P4K creditors who are delinquent their credit payments, examine factors influencing their late P4K credit payments. From 40 P4K creditors, only 23 creditors are able to accessed for this research and willing to participate. Rank spearman correlation and t-test methods are used to analyze the data gathered from respondents. The research finds that the level of family income and respondent’ perception on rural development are highly correlated to the level of P4K credit payment while number of family, working motivation and respondents percep

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9

Simanjuntak, Jimmy. "TINJAUAN HUKUM ATAS KEWENANGAN KREDITOR MENGAJUKAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004." Honeste Vivere 33, no. 1 (2023): 69–76. http://dx.doi.org/10.55809/hv.v33i1.193.

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: In essence, petition of suspension of debt payment under Indonesian Law (“PKPU) was designed for the achievement of peace between debtor and creditors through homologation. As regulated on Article 222 (3) Indonesian Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Debt Payment (“UU KPKPU”), competency to submit petition of suspension of debt payment was given not only to debtor but also given to creditors. This provision, however, has loopholes that might be misapplied by creditors who did not seek for peace but merely want to collect the debt, which did not aligned with the m

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10

Prawira, Henry, and Christine S. T. Kansil. "ANALISIS PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.)." Jurnal Hukum Adigama 2, no. 1 (2019): 629. http://dx.doi.org/10.24912/adigama.v2i1.5255.

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Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all paym

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11

Denisanjaya, Marcellina, and Yovita Arie Mangesti. "PERTANGGUNGJAWABAN PIDANA PIHAK KREDITUR YANG MEMPEKERJAKAN DEBTCOLLECTOR DALAM PENYELESAIAN KREDIT MACET." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 1 (2022): 654–72. http://dx.doi.org/10.53363/bureau.v2i1.159.

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In this study, it will examine the criminal liability of creditors who employ debtcollectors in collecting bad debts. Card-Based Payment Instruments (APMK) regulated in PBI (Bank Indonesia Regulation) Number 14 of 2012, one example of a payment instrument that is often used by the public is the use of Credit Cards. With this payment instrument, it can pose several risks for the community, a problem that often occurs is delays or overdue in paying credit card bills. Until it finally causes credit bottlenecks in payments and also the nominal collection that is increasing due to late fees. The ex

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12

Sunarmi, Sunarmi, Detania Sukarja, and Tri Murti Lubis. "The Standings of Tax Receivables in Bankruptcy Cases : A Study on Managing and Settling Assets." Syiah Kuala Law Journal 5, no. 3 (2021): 329–44. http://dx.doi.org/10.24815/sklj.v5i3.23347.

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The state's privilege right to tax receivables in bankruptcy cases is regulated differently under various laws and court decisions in Indonesia. In general, tax receivables in bankruptcy have privilege position over other creditors, including secured creditors such as banks, mortgage holders, fiduciary guarantees and finance companies, preferential creditors and concurrent creditors. The creditor’s tax debt to the state should be paid first before any payment to other creditors. However, the Director General of Tax under the Ministry of Finance of the Republic of Indonesia often faces problems

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13

Mugito, Bryan. "How Concurrent Creditors Are Treated in Company’s Bankruptcy: A Comparison into Indonesia and Singapore." Lawpreneurship Journal 1, no. 2 (2021): 158–75. http://dx.doi.org/10.21632/tlj.1.2.158-175.

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During the distribution of wealth in Indonesia’s corporation bankruptcy procedures, the wealth is often used to satisfy the debts owed by the debtor towards preferred creditors and secured creditors. The long process and enormous cost of the bankruptcy process before paying back the concurrent creditors puts a lack of emphasis towards these types of creditors’ rights since the company is dissolved and theoretically will not allow them to get any payment towards their loans given to the company. This leads to concurrent creditors earning a status of uncertainty and confusion in earning their cr

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14

Zulfikar, Muhamad. "Postponement of Debt Payment Obligations as an Effort to Save Concurrent Creditors’ Rights to Debtors Engaged in Investment." Devotion Journal of Community Service 4, no. 6 (2023): 1261–69. http://dx.doi.org/10.59188/devotion.v4i6.497.

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This study aims to analyze how legal protection for creditors who invest in companies engaged in investment, then the creditors experience losses due to the failure of the promised payment by the debtor within the specified time, so that the creditor files a PKPU application. This research was conducted using normative legal research methods. Based on the analysis of this problem, the PKPU process can be a solution to save the rights of concurrent creditors who have a very disadvantaged position if the debtor is declared bankrupt. Bankruptcy has the potential to be used as a shortcut for debto

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15

Avivah, Putri Avi, and Eddie Imanuel Doloksaribu. "ANALISIS YURIDIS PENGGUNAAN ASET PERSONAL GUARANTEE DALAM MELUNASI UTANG PAILIT." Gloria Justitia 1, no. 2 (2022): 134–54. http://dx.doi.org/10.25170/gloriajustitia.v1i2.3067.

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In bankruptcy, the use of personal guarantee assets is something that can be done in bankruptcy debt if the assets belonging to the main debtor cannot meet repayments, in bankruptcy, there are 3 types of credit, namely preferred, separatist and concurrent creditors, the three creditors are creditors who have rights and obligations. their respective positions, such as preferred creditors who have the priority right to have their debts repaid, then separatist creditors who have collateral to pay their debts, and separatist creditors who do not have collateral rights or the right to loans. If the

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16

Anisah, Lilies, and Eni Suarti. "Analisis Alternatif Restruturisasi Utang Atau Penutupan Perusahaan Pada Pandemi Covid-19 Melalui Pkpu, Kepailitan dan Likuidasi." Wajah Hukum 6, no. 2 (2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.

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The COVID-19 pandemic situation has caused the destruction of economies throughout the world, including Indonesia. The negligence of the debtor due to the COVID-19 pandemic can be used as a reason to apply for a postponement of debt obligations. Due to the Covid-19 pandemic which disrupts the financial stability of the debtor, so that the debtor cannot pay off his debt or is negligent to the creditor, he can apply for a suspension of debt payment obligations. On the basis of the covid-19 pandemic, that the impossibility of carrying out the contract in the form of financial incapacity. UUK &amp

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17

Usanti, Trisadini Prasastinah, Anindya Prastiwi Setiawati, and Ninis Nugraheni. "The Legal Principle of Collateral in Fintech Lending." Hang Tuah Law Journal 3, no. 2 (2020): 158. http://dx.doi.org/10.30649/htlj.v3i2.137.

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Simple procedures and quick service on fintech lending gives an ease for fulfilling capital needs. Indeed, it does not require any collateral which may constrain debtors to deal with it. However, although this activity brings convenience, efficiency, quickness, and simplicity in lending services, many possible risks such as debtors delayed payment or even default which may burden the creditors are likely to follow as well. Without any collateral as assurance, the risks may become much higher on fintech lending as the creditor becomes a concurrent creditor who only has relatively individual ri

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18

Sihabudin, Sihabudin, and Edo Adhitama. "HAK KREDITOR DENGAN TAGIHAN PIUTANG TERTOLAK DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG." Arena Hukum 16, no. 1 (2023): 83–104. http://dx.doi.org/10.21776/ub.arenahukum.2023.01601.5.

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One of the stages in delaying payment of receivables obligations (PKPU) is the verification of receivables. There may be a possibility that the claim for receivables being rejected at the verification stage may occur, but there is no legal remedy that can be taken by the creditor, either ordinary or extraordinary legal remedies. This article aims to analyze the legal protection of creditors' receivables which are rejected at the receivables verification stage by administrators in the PKPU process and the authority of the supervisory judge in terms of the creditor's bill being rejected at the r

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19

Novitasari, Novitasari. "Pembatasan Jangka Waktu Penundaan Kewajiban Pembayaran Utang terhadap Debitor dalam Kepailitan." Lambung Mangkurat Law Journal 2, no. 2 (2017): 123. http://dx.doi.org/10.32801/lamlaj.v2i2.39.

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The aims of the research is to analyze reasons for short term restriction onthe Postponement of Debt Payment Obligation (PDPO), the existence of time limitprovisions resulting the failure of the debtors’ debt efforts with creditors, and thePKPU’s term limits on legal protection for the interests of debtors to prevent bankruptcy.This research is a normative juridical research. Data used in this researchwere secondary data obtained from official documents, books related to the objectof research, research results in the form of reports, bachelor thesis, master thesis,dissertation and regulations.

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20

Bustomi, Abuyazid. "HAK-HAK NORMATIF PEKERJA PADA PERUSAHAAN PAILIT." Solusi 17, no. 1 (2019): 1–13. http://dx.doi.org/10.36546/solusi.v17i1.141.

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Workers have a very important role and position as actors and in national development. Therefore, there must be labor rights stipulated in the laws and regulations in Indonesia which regulate the rights and protection of workers. Protection of workers is intended to guarantee the basic rights of workers while taking into account the development of fair business actors. Normative Rights of Workers whose companies are declared bankrupt are Priority Creditors after fulfilling the rights of separatist creditors, whose payment is carried out by the curator. The Curator's Authority to the Normative

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21

Potts, Shaina. "(Re-)writing markets: Law and contested payment geographies." Environment and Planning A: Economy and Space 52, no. 1 (2018): 46–65. http://dx.doi.org/10.1177/0308518x18768286.

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While many emphasize the supposed frictionlessness and instantaneity of global financial flows, economic geographers have done important work placing globalization in concrete practices and spaces. Yet, cross-border payment transactions, which are constitutive of transnational markets, remain understudied. In this paper, I use creditor litigation against Argentina as a lens through which to explore material geographies of transnational financial payments. This litigation sheds light on the fundamental role of law (especially US common law) in structuring most major payment transactions today.

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22

Kumar, Avinash. "POSITION OF OPERATIONAL CREDITORS: IN REGARD TO CIRP AND LIQUIDATION." International Journal of Legal Developments & Allied Issues 09, no. 02 (2023): 15–34. http://dx.doi.org/10.55662/ijldai.2023.9202.

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The Insolvency and Bankruptcy Code, 2016 became effective in May 2016 after receiving final presidential approval. The IBC is a complete code that acts as the focal point for all insolvency procedures. It was created to address the concerns about subpar loans that the Indian banking industry had. Previously, there was a lot of pending litigation regarding insolvency proceedings because of the protracted, years-long legislative process. But after the IBC was put into operation in 2016, the procedure has significantly improved in terms of both investor friendliness and cost-effectiveness. The re

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23

Simanjuntak, Jimmy. "PENGGUNAAN INFORMASI DEBITOR DARI SISTEM LAYANAN INFORMASI KEUANGAN OTORITAS JASA KEUANGAN (SLIK OJK) SEBAGAI ALAT BUKTI PERMOHONAN PKPU." Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat 9, no. 1 (2023): 73–84. http://dx.doi.org/10.55809/tora.v9i1.209.

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Suspension of debt payment (PKPU) is an Indonesian Bankruptcy Law instrument to resolve disputes over receivables through reconciliation between debtors and creditors, so that debtors can continue their business. Parties that can submit a PKPU application are creditors and debtors themselves. If the creditor submits an application for PKPU against the debtor, then the creditor is obliged to simply prove the fulfillment of Article 2 paragraph (1) of the KPKPU Law, where the debtor has more than one creditor and there is a debt that is due and collectible. This study aims to analyze the use of d

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24

Cojocaru, Cristina. "Recovery of the prejudice caused by an insolvent company." Proceedings of the International Conference on Business Excellence 15, no. 1 (2021): 903–7. http://dx.doi.org/10.2478/picbe-2021-0083.

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Abstract A recent decision of the Romanian High Court of Justice dated 6 March 2019 offers the possibility to analyse the recovery of the prejudice caused to a creditor by a company under court proceedings after on its insolvency. The applicable regulations (i.e. Law no. 85/2015) represent the legal framework, which aims at debt payment by the insolvent debtor to his creditors. Therefore, the procedure is collective and all the known creditors are involved. Consequently, the law regulates the means and the conditions of this procedure. The prejudice caused to a creditor by the insolvent compan

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25

전, 휴재. "추심소송과 기판력의 주관적 범위 — 추심소송과 채권자대위소송의 비교를 중심으로 —". Korea Association of the Law of Civil Procedure 26, № 2 (2022): 139–85. http://dx.doi.org/10.30639/cp.2022.6.26.2.139.

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The collection lawsuit and the subrogation lawsuit of creditors are structurally similar in that they exercise the debtor's rights against the third debtor in the creditor's position. In particular, in the case of a so-called “direct payment” creditor subrogation lawsuit, which has a preferential repayment effect by directly receiving money from a third debtor and offsetting the debtor's return and preserved bonds, it functions similar to a collection lawsuit for the satisfaction of an executive creditor. In addition, if the debtor knows the fact in any circumstances when a lawsuit by subrogat

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26

Afilia Dinda Dhiya Ulhaq. "The Position of Creditors of Individual Collateral Holders In Insolvency Law." YURISDIKSI : Jurnal Wacana Hukum dan Sains 19, no. 1 (2023): 41–57. http://dx.doi.org/10.55173/yurisdiksi.v19i1.173.

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This researcher aims to find out about the rights of creditors of individual collateral holders in the norms of Law No. 37 of 2004 on Insolvency and Delay of Debt Payment Obligations. The researcher's method uses norrmative law with a statutory problem approach and a conceptual approach. Broadly speaking, the position of individual guarantees in the norms of the Bankruptcy Law if the insurer and debtor are declared bankrupt simultaneously, then it is a concurrent creditor and all the assets of the insurer as bankruptcy property. In the process of managing and releasing bankruptcy property, tha

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27

Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.

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In carrying out its business, businessmen often establish a debt agreement. Debt agreements are a common thing between creditors and debtors. However, at times, it may cause a dispute between debtors who are negligent and unable to pay their debts to creditors. One of the eﬀ orts to overcome the unpaid debt is through Bankruptcy and Postponement of Debt Payment Obligations petitioned by the debtors or the creditors. Bankruptcy is the general seizure of all the assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judg

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Butyrskyi, A. A., and L. M. Nikolenko. "PAYMENT OF REMUNERATION TO THE ARBITRATION MANAGER IN BANKRUPTCY: THEORETICAL AND PRACTICAL PROBLEMS." Economics and Law, no. 2 (September 9, 2021): 25–32. http://dx.doi.org/10.15407/econlaw.2021.02.025.

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The arbitral trustee faces many problems in his work, but the most important is question about pay for his services. The purpose of the article is to study the legal regulation of remuneration to the trustee in bankruptcy, identify problems that arise in practice in the application of the relevant provisions of the Code of Ukraine on Bankruptcy Procedure and highlight on this basis the author’s vision of the remuneration of the trustee in bankruptcy. The authors argued the introduction of a provision on the appointment of an arbitral trustee to perform the powers of the administrator of proper

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Ramachandra, Thanuja, and James Olabode Rotimi. "The Nature of Payment Problems in the New Zealand Construction Industry." Construction Economics and Building 11, no. 2 (2011): 22–33. http://dx.doi.org/10.5130/ajceb.v11i2.2171.

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Delay and loss of payment is a serious problem in the construction industry of many countries. These affect the cash flow of contractors which is critical to meeting their financial obligations. Payment defaults by the principal leads to insolvency of contractors and in turn other parts of the project chain. In recognition of some of these problems, most countries have established payment-specific construction industry legislation and other contractual measures to mitigate the problems, but nevertheless the problem persists. In this context, the paper examines the nature of payment problems in

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30

Murniati, Rilda, and Desma Cahya Selvya. "Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 3 (2019): 231. http://dx.doi.org/10.25041/fiatjustisia.v13no3.1616.

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Workers are preferred creditors whose payment must take precedence in the bankruptcy of the company. Problems in practice occur in the company's assets as collateral for debt to separatist creditors so that workers' rights are ruled out. Therefore, workers submit applications for judicial review of the Bankruptcy Law and Labor Law. This study is normative research using primary legal materials, namely laws and case study decisions that are analysed qualitatively. The results of the study and discussion determined that the Bankruptcy Law and the Labor Law regulate the same as the legal status o

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Arzetta Zahra Metthania, Mhd Azmi Farid Lubis, Nyulistiowati Suryanti, and Deviana Yuanitasari. "Pertanggungjawaban Negara Atas Keadaan Persero BUMN Yang Pailit." Jurnal Hukum Sasana 9, no. 2 (2023): 239–52. http://dx.doi.org/10.31599/sasana.v9i2.3099.

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Bankruptcy is a situation that could occur in a state-owned company. Istaka Karya is one of several state-owned companies. After going through several years with financial conditions that never improved, various news reports about this company with various active participation in the world of construction, finally officially closed due to bankruptcy in 2023, with a series of debts to creditors as well as arrears in salary payments to its employees. This research aims to analyze the legal certainty obtained by creditors, as well as the state's responsibility in the event of the bankruptcy of a

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32

Arifah, Risma Nur, and Arman Safril Adam. "Legal Protection of Concurrent Creditors for The Debts That are not Guaranteed by Property Rights According to Bankruptcy Law and Islamic Law." AT-TURAS: Jurnal Studi Keislaman 9, no. 1 (2022): 1–19. http://dx.doi.org/10.33650/at-turas.v9i1.3398.

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Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using

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33

Yuristian, Angga. "Hak Kreditor Separatis Dalam Mengeksekusi Jaminan Kebendaan Dari Debitor Pailit yang Berasal Dari PKPU." Jurist-Diction 5, no. 6 (2022): 2051–68. http://dx.doi.org/10.20473/jd.v5i6.40066.

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AbstractBankruptcy and Suspension of Debt Payment Obligations can occur to a company due to the inability to pay debts. PT. Baggai Jaya expedition in this study had debts that were past due and could be collected, so one of its creditors filed a PKPU legal action to obtain certainty regarding the payment of its receivables. The failure to achieve peace in the PKPU resulted in the debtor being automatically declared bankrupt by the Commercial Court. In this case, the separatist creditor cannot carry out the execution of the debtor's guarantee and must wait for the process of managing and settli

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Welsh, Michelle, and Helen Anderson. "The Public Enforcement of Sanctions against Illegal Phoenix Activity: Scope, Rationale and Reform." Federal Law Review 44, no. 2 (2016): 201–25. http://dx.doi.org/10.1177/0067205x1604400202.

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The loss suffered by unsecured creditors of all insolvent companies is the non-payment in full of amounts rightfully owed to them. This loss is all the more unacceptable to creditors when a company has been illegally phoenixed by the transfer from the insolvent company of assets at undervalue. One way of increasing the pool of funds available for distribution to creditors is to issue proceedings seeking compensation against directors alleging that their ‘phoenixing’ amounted to a breach of directors’ duties or insolvent trading. Such an action may be instigated by the liquidator and by ASIC. A

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Pakel, Yane. "KEDUDUKAN BANK SEBAGAI KREDITOR SEPARATIS DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT." Al-Amwal : Journal of Islamic Economic Law 3, no. 1 (2018): 61–82. http://dx.doi.org/10.24256/alw.v3i1.200.

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There are two purpose of this research 1) to know and analyze banks role as secured creditor in executing collaterals. This is cause by the uncertainty of the execution rights as a result of the inconsistencies of regulations mention to Article 55, Article 56 and Article 59 of The Republic of Indonesia Number 37 of 2004 regarding Bankruptcy and Suspension of Payment Obligation. 2) to know and examine the legal protection for secure banks in bankruptcy settlement. This research is a normative legal research that is supported by interview. Secondary data is taken from primary, secondary and tert

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Celandine, Madeleine. "Hak Regres Penanggung pada Jaminan Perorangan Dalam Kepailitan." Jurist-Diction 4, no. 5 (2021): 1815. http://dx.doi.org/10.20473/jd.v4i5.29820.

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AbstractThe credit agreement as the principal agreement between the debtor and the creditor can acquire additional collateral providing material collateral and individual collateral. Personal collateral for individual rights, which is the agreement of a third party to bind themselves to debtors and creditors involved in credit agreements in accordance with the interests of creditors. In the event that the debtor does not have assets and is unable to repay debts to the creditor, the person responsible for paying the creditors' reserves and is obliged to pay debts to the creditor. The responsibi

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Hasudungan, Louis Alfred, Elisatris Gultom, and Nyulistiowati Suryanti. "Penentuan Utang yang Telah Jatuh Waktu pada Click-Wrap Agreement yang Tidak Mencantumkan Klausul Jatuh Waktu Utang." Jurnal Ilmiah Universitas Batanghari Jambi 22, no. 3 (2022): 2306. http://dx.doi.org/10.33087/jiubj.v22i3.2621.

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Bankcruptcy and Suspension of Payment law is a great solution for debitor who have debt problems with their creditors. Debtors can be declared bankrupt or Suspension of Payment if the debtor is simply proven to have debts to 2 (two) or more creditors and is simply proven to have "a debts that has become due and payable”. The existence of "a debts that has become due and payable” is one of the fundamental things in bankruptcy or Suspension of Payment cases. In today's world, determining the existence of “a debts that has become due and payable” becomes difficult. The many new forms of agreement

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Johan, Suwinto, and Ariawan Gunadi. "Justice Aspects of Financial Service Authorities’s Competence for Bankruptcy and PKPU of Financial Service Institutions Based on Law No. 4 Year 2023." JURNAL MERCATORIA 16, no. 1 (2023): 31–39. http://dx.doi.org/10.31289/mercatoria.v16i1.9222.

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The Law on the Development and Strengthening of the Financial Sector was legalized by President Joko Widodo. The Act is known as Law No. 4 of 2023 often known as the P2SK Law, which stipulates that the Financial Services Authority or Otoritas Jasa Keuangan (OJK) is the only party that has the authority to file for bankruptcy and postpone debt payment obligations for financial service institutions. This research will provide novelty, especially on the definition of justice in the financial services sector, especially related to the interests of consumers and creditors with regulatory authority.

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Kadang, Alifah Zhecarina, Ipah Farihah, and Mustolih Siradj. "Tinjauan Yuridis Kepailitan Akibat Pembatalan Homologasi Penundaan Kewajiban Pembayaran Utang." JOURNAL of LEGAL RESEARCH 4, no. 3 (2022): 815–36. http://dx.doi.org/10.15408/jlr.v4i3.21420.

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This study aims to evaluate the judge's legal reasoning in the judgment Number: 4/Pdt.Sus. Peace Cancellation/2019/PN.Niaga.Jkt.Pst. Jo. Number 718K/Pdt.Sus-Pailit/2019, as well as how the cancellation of the homologation of the postponement of debt payment obligations led to insolvency. Analysis of the matter between PT Arpeni Pratama Ocean Line Tbk and PT CIMB Niaga in their respective roles as debtor and creditor. Due to the debtor's negligence with the homologated peace document, the creditor petitions the Commercial Court to annul the peace agreement. At the level of the Commercial Court,

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Santaló Goris, Carlos. "C-291/21, Starkinvest. Can a European Account Preservation Order be employed to secure a penalty payment?" CUADERNOS DE DERECHO TRANSNACIONAL 15, no. 2 (2023): 1356–63. http://dx.doi.org/10.20318/cdt.2023.8111.

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In case C-291/21, Starkintest, the CJEU examined whether a judgment establishing a penalty order was a valid enforceable title to apply for an EAPO intended to secure an amount due to because of a penalty payment. When applying for an EAPO, creditors have to prove the likelihood to success on the substance of their claim or fumus boni iuris, unless they have an enforceable title. The CJEU found that the judgment establishing the penalty order was not a valid title that would prevent the creditor from satisfying the fumus boni iuris. Nonetheless, at the same time, the CJEU confirmed that the EA

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Afni, Nur. "Perlindungan Hak Pekerja Atas Harta Pailit Yang Berupa Jaminan Pihak Ketiga (Studi Kasus Putusan Nomor 37/PDT.SUS.GLL/2019/PN.NIAGA.JKT.PST)." Jurist-Diction 5, no. 1 (2022): 283. http://dx.doi.org/10.20473/jd.v5i1.32728.

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AbstractA bankruptcy decision on a company can result in termination of employment. In bankruptcy, there are three types of creditors, namely preferred creditors, separatist creditors and concurrent creditors. Workers as preferred creditors in the law shall prioritize the distribution of wages owed. However, the position of workers is often ignored and gives priority to payment to separatist creditors. This is because separatist creditors can execute collateral objects and the proceeds are not shared with preferred creditors. Moreover, if the bankruptcy estate is in the form of collateral belo

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Yitawati, Krista, Pujiyono, and Adi Sulistiyono. "Constitutional Court Decision Number 23/PUU-XIX/2021: Analysis of Judges' Considerations Is It Permissible to Take Cassation Against Decisions to Postpone Debt Payment Obligations?" Jurnal Jurisprudence 12, no. 1 (2022): 18–29. http://dx.doi.org/10.23917/jurisprudence.v12i1.1039.

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Purpose: This study aims to analyze the impact of the Constitutional Court's Decision Number 23/PUU-XIX/2021 regarding the permissibility of cassation in the Suspension of Debt Payment Obligations (PKPU). Methodology: The research method that the researcher uses is a normative research method by reviewing statutory regulations and related legal materials. Results: The judge's consideration in the Constitutional Court's Decision Number 23/PUU-XIX/2021, is the permitting of a cassation legal action against the decision on Suspension of Debt Payment Obligations submitted by the credit

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Wiwik Yuni Hastuti, M. I., Tedi Sudrajat, Sri Hartini, et al. "HIERARCHY OF THE DISTRIBUTION OF BANKRUPTCY PROPERTY IN SYNDICATED LOAN FACILITY AGREEMENT FOR THE BANKRUPT DEBTOR." International Journal of Advanced Research 11, no. 01 (2023): 868–80. http://dx.doi.org/10.21474/ijar01/16091.

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The position of individual creditors over the collateral in syndicated loan is represented by security agent as the recipient of collateral and the holder of material collateral. It is the legal consequence of agency relation as regulated in Syndicated Loan Facility Agreement. Therefore, the security agent in this syndicated loan, for the sake of law, serves as preference creditor to other syndication participation. This research aims to answer the problems related to the implementation of pari passu pro rata parte principles in determining the hierarchy of creditor in syndicated loan facility

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Ogoke, Sampson Ikenna, and A. B. C. Akujuobi. "External Debt and Macroeconomic Indicators: Time Series Evidence from Nigeria." WORLD JOURNAL OF FINANCE AND INVESTMENT RESEARCH 6, no. 1 (2023): 137–56. http://dx.doi.org/10.56201/wjfir.v6.no1.2022.pg137.156.

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This study investigated the relationship between external debt and macroeconomic indicators in Nigeria. The objective was to investigate the effect of external debt on Nigerian macroeconomic indicators. The study used of time series data sourced from Central Bank of Nigerian statistical bulletin. Data were analysed using Statistical Package for Social Sciences. Macroeconomic indicators were proxy by real gross domestic product, inflation rate, unemployment rate and balance of payment while external debt was proxy by Nigerian external debt to London club of creditors, multilateral club of credi

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GUPTA, ANKEETA. "Insolvency and Bankruptcy Code, 2016: A Paradigm Shift within Insolvency Laws in India." Copenhagen Journal of Asian Studies 36, no. 2 (2019): 75–99. http://dx.doi.org/10.22439/cjas.v36i2.5650.

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delivery and availability in India in light of the changes brought about by the Insolvency and Bankruptcy Code, 2016. The introduction of the Code is purported to resolve the issues within the credit ecosystem by identifying correctly all the stakeholders, most importantly the creditors and the debtors, resolving and settling non-performing assets, creating a robust mechanism for settling credit-related disputes, reducing creditor distrust and ensuring continuance of functioning of companies rather than being wound up for non-payment of debts.While the Code promises to be a game changer, there

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Sianturi, Timotius Patrick Sianturi Patrick. "Legal Position of Syndicated Creditors in Submitting Claims on Debtors in the Application Process for Postponement of Debt Payment Obligations (PKPU) and the Legal Impact." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 8, no. 1 (2024): 476. http://dx.doi.org/10.58258/jisip.v8i1.6301.

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The arrangement of parties who can file claims in the process of suspension debt payment obligations has been regulated in Article 270 of Law number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The arrangement of parties who can file bills in the suspension of debt payment process still causes several problems in its implementation. This occurs in the suspension of debt payment process against debtors in syndicated loans which still creates uncertainty in its implementation because the suspension of debt payment Law does not specifically regulate it but only pro

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Wowerka, Arkadiusz. "The Law Applicable to a Payment Made by a Third Party in Performance of a Contractual Payment Obligation Contested in Insolvency Proceedings as an Act Detrimental to All Creditors." Gdańskie Studia Prawnicze, no. 2(54)/2022 (July 11, 2022): 133–42. http://dx.doi.org/10.26881/gsp.2022.2.11.

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In the commentary, the author discusses the judgment of the Court of Justice of 22 April 2020 in Case C-73/20, ZM, as receiver in the bankruptcy of Oeltrans Befrachtungsgesellschaft mbH, v. E. A. Frerichs. This judgment concerns a payment made by a third party in performance of a contractual obligation and challenged in bankruptcy proceedings as an act done to the detriment of the bankruptcy creditors. The Court rightly held that art. 13 of Regulation No 1346/2000 must be interpreted as meaning that the law applicable to the contract also applies to a payment made by a third party in performan

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Prajogo, Timotius William. "PENYALAHGUNAAN INSTRUMEN KEPAILITAN ATAU PKPU OLEH DEBITOR SETELAH MEMPEROLEH FASILITAS KREDIT DARI LEMBAGA KEUANGAN." JURNAL MEDIA HUKUM DAN PERADILAN 4, no. 2 (2018): 183–98. http://dx.doi.org/10.29062/jmhp.v4i2.12.

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The 5C principles are important for creditors to give loan to debtors. However, nowadays especially collateral cannot be the guarantee for debtor’s debt if the debtor is breaching the contract, because many of the financial institutions are dare to take a risk by giving higher loan than its collateral’s worth. This condition can bring a risk if there were bankruptcy happened to debtor; therefore, it is not rare that there is clause in loan agreement to protect creditors, by not allowing debtor voluntary asked self-bankruptcy petition, although this kind of clause is contradicts with the nature

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Eaton, Jonathan. "Debt Relief and the International Enforcement of Loan Contracts." Journal of Economic Perspectives 4, no. 1 (1990): 43–56. http://dx.doi.org/10.1257/jep.4.1.43.

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It is now apparent that the governments of many developing countries will not repay their debts as initially contracted. Creditors and creditor governments must now adjust to the realization that full repayment is either infeasible or that enforcing full payment is undesirable from the point of view of creditor countries as a whole. The question now is what to do with these debts. The Baker and Brady plans have increased U.S. government involvement in the debt crisis and have allocated public money toward its resolution. The Kenen plan, discussed in this issue, proposes still more public invol

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Tri Reni Novita and M. Faisal Husna. "Perlindungan Hukum Kreditor Preferent Pada Perusahaan Asuransi Yang Pailit." Jurnal Smart Hukum (JSH) 1, no. 3 (2023): 402–6. http://dx.doi.org/10.55299/jsh.v1i3.397.

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Legal protection for policyholders, insured or insurance participants, in relation to insurance company bankruptcy, Indonesian positive law has actually provided a way out with several alternative options, namely based on the provisions of the Civil Code, the Bankruptcy Law, and the provisions of the Indonesian Civil Code. Law No.40 of 2014 stipulates explicitly that the rights of the policyholder/insured or insurance participant for the distribution of the assets of an insurance company bankrupt by court or liquidation have a higher (primary) position than the rights of other creditors. Artic

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