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1
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 (October 14, 2022): 446. http://dx.doi.org/10.33087/wjh.v6i2.1082.
Анотація:
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 & PKPU provide legal protection to debtors in the midst of the covid-19 pandemic so they don't fall into bankruptcy through PKPU as stipulated in article 222 of the UUK & PKPU. The type of research used is normative legal research. The practice of paying debts through applications for postponement of debt payment obligations (PKPU) based on Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which starts from the procedure for submitting a PKPU application, temporary PKPU, publication of PKPU decisions, receipt of invoices, making a list of temporary receivables, implementation of the reconciliation meeting for the preparation of a list of permanent receivables, a discussion meeting on the reconciliation plan which includes restructuring of offers to creditors related to the reconciliation plan. The postponement of debt payment obligations (PKPU) is not enough to provide an opportunity for debtors with good intentions to carry on their business. Because the peace process is determined by the creditor, the UUK & PKPU require a reconciliation process with the approval of the creditor. The rules of Article 229 UUK & PKPU give full power to creditors, this causes debtors to depend on the decisions of creditors.
2
Pramana, Raditya Triatmaji, and Bambang Dwi Baskoro. "The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy." Jurnal Daulat Hukum 4, no. 4 (November 24, 2021): 239. http://dx.doi.org/10.30659/jdh.v4i4.17784.
Анотація:
Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commercial Court, whether it comes from the application itself or one or more creditors. After being declared bankrupt, the court decided to sell all of the company's assets, the proceeds of which were used to pay the debtors' obligations that were already bankrupt to the creditors. Based on the aforementioned background, a problem can be drawn as follows: What is the liability of the directors who are declared bankrupt? How can the board of directors be declared negligent or wrong which results in the corporation being declared bankrupt? The approach method used in writing this law is normative juridical or also called doctrinal law research. The research specification in this writing is descriptive-analytic. Based on the results of the research, it can be concluded that the Board of Directors is not personally responsible for the actions committed for and on behalf of the Company based on their authority. This is because the actions of the Board of Directors are seen as actions. The Board of Directors is said to have been wrong or negligent which resulted in the Company being declared bankrupt, namely the lack of good faith by the directors to pay off debts to creditors. The Board of Directors neglected to pay off debts to creditors.
3
Komala, I. Gusti Ayu Trisna, and Desak Putu Dewi Kasih. "HAPUSNYA PERIKATAN KREDIT BANK AKIBAT PEMALSUAN TANDA TANGAN OLEH DEBITUR TERHADAP BENDA MILIK ORANG LAIN." Kertha Semaya : Journal Ilmu Hukum 8, no. 11 (November 14, 2020): 1783. http://dx.doi.org/10.24843/ks.2020.v08.i11.p11.
Анотація:
Tujuan penulisan jurnal ini untuk mengetahui konsekuensi yuridis terkait kredit bank yang diperoleh dari tindakan pemalsuan tanda tangan dan mengetahui perlindungan hukum terhadap kreditur atas pelepasan kredit dengan pemalsuan dokumen. Metode penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual digunakan dalam penulisan artikel ini. Hasil penelitian ini menunjukkan kreditur dan debitur telah melakukan perbuatan melawan hukum dalam pasal 1365 KUHPer karena kreditur lalai dalam kegiatan perbankan dan debitur melakukan penipuan dan pemalsuan dokumen dengan menggadaikan benda milik orang lain sebagai agunan di bank, yang mengakibatkan kerugian terhadap pihak yang bersangkutan yaitu pemegang hak milik benda tersebut. Konsekuensi yuridis terkait kredit bank yang diperoleh dari pemalsuan tanda tangan adalah kredit tersebut batal demi hukum karena tidak memenuhi syarat sahnya suatu perjanjian yang diatur dalam pasal 1320 KUHPer dan pasal 1321 yang menjelaskan tidak ada kesepakatan jika perjanjian terjadi karena adanya kekhilafan dan tipuan. Perlindungan hukum terhadap kreditur karena lalai dalam kegiatan pencairan kredit adalah pihak kreditur terdapat dalam pasal 1265 syarat pengembalian keadaan seperti semula.
The aims of study to find out the juridical consequences related to bank credit that obtained from the act of signature forgery and knowing the legal protection of creditors for the release of credit by falsifying documents. The normative legal research method with the legistlavite approach and conceptual approach were used in writing this article. The results of this study are that creditors and debtors have committed acts against the law in article 1365 of the civil code because creditors are negligent in banking activities and debtors commit fraud and falsification of documents by mortgaging other people's property as collateral in the bank, resulting in losses to the parties concerned is that the owner of the propert right . Juridical consequences related to bank credit obtained from falsification of signatures is that the credit is null and void because it does not meet the legal requirements for an agreement provided for in article 1320 of the civil code and article 1321 which explains that there is no agreement if the agreement occurs because of an error and deception. Legal protection for creditors due to negligence in the activities of credit disbursement is the creditor contained in article 1265 conditions of returning the original condition.
4
Budiono, Doni. "Analisis Pengaturan Hukum Acara Kepailitan dan Penundaan Kewajiban Pembayaran Utang." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 2 (May 1, 2019): 109. http://dx.doi.org/10.36913/jhaper.v4i2.81.
Анотація:
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 Judge. On the other hand, Postponement of Debt Payment Obligations (PKPU) is the settlement of the debt, also aiming to establish a peace off er that includes off ers of partial payment or whole payment of the debt to the creditors. Bankruptcy and PKPU in its implementation have been regulated in Indonesian Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations, Herziene Indonesisch Reglement (HIR), Reglement of De Rechtsvordering (Rv), Buitengewesten Rechtsreglement (RBg), and further stipulated in the Civil Law Procedure-Draft. In Bankruptcy and Postponement of Debt Payment Obligation’s procedural law arrangements contained in various regulations and in the Civil Law Procedure-Draft, there are shortcomings that need to be analyzed to provide a legal basis for Bankruptcy and Postponement of Debt Payment Obligations procedural law arrangements. Considering the upcoming legalization of the Civil Law Procedure-Draft, this study will analyze several important points that can be used as a reference for the Civil Law Procedure-Draft.
5
Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part I." Business Law Review 42, Issue 3 (June 1, 2021): 121–27. http://dx.doi.org/10.54648/bula2021017.
Анотація:
Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies should be considered separately despite their interrelationship in practice. Doing so reveals the proper and fair function of the duty. Its application should be limited to cases of actual insolvency only. While exceptions may be made for cases of irresponsible or negligent risk-taking, this should be the exception – not the rule. This essay is the first of two parts, and examines the emergence of the duty and possible justifications. company law, insolvency law, directors’ duties, fiduciary duties, agency costs
6
Coumas, Michael. "Taking Directors Seriously: A Silver Bullet for Triggering the Creditors’ Interest Duty—Part II." Business Law Review 42, Issue 4 (August 1, 2021): 175–81. http://dx.doi.org/10.54648/bula2021025.
Анотація:
Directors of solvent companies owe a fiduciary duty to shareholders qua the company. If a company becomes technically insolvent, the duty switches to the company’s creditors. This is uncontroversial. However, the duty is also said to switch some point before, i.e., in the ‘vicinity of insolvency’. Therefore, directors must be able to make decisions which do not prejudice shareholders, in a way that is free from exposure to claims by creditors. This uncertainty stems from the case law, where the rules of company law have been confused with the policies underlying insolvency law. The two bodies should be considered separately despite their interrelationship in practice. Doing so reveals the proper and fair function of the duty. Its application should be limited to cases of technical insolvency only. While special cases may be made for irresponsible or negligent risktaking by directors, this should be the exception – not the rule. This article is the second of two parts examining this issue, focussing on the current trigger for the duty and exploring possible solutions. Company law, insolvency law, directors’ duties, fiduciary duties, agency costs
7
Kristina, Jennis. "Perjanjian Pengikatan Jual Beli Hak Atas Tanah Sebagai Jaminan Kredit Hak Tanggungan." SAPIENTIA ET VIRTUS 4, no. 2 (June 26, 2020): 179–200. http://dx.doi.org/10.37477/sev.v4i2.194.
Анотація:
Bank credit activities carried out with all internal policies must apply the principle of prudence. PPJB which is a binding agreement between the parties whose rights are not yet perfect, compilation is used as a guarantee of mortgage rights can be a cause of failure to fulfill the prudential principle. This research is a normative juridical research, using literature approach. The results of the discussion and conclusion of this study show: Bank's internal policy that states PPJB used as security of mortgage can be done using the process of making a Note Cover. This can bring the bank in the position of being stolen because making a Cover Note does not require an approved deed related to the buying and selling process such as a sale and purchase certificate or certificate. Furthermore, debtors who are negligent or have no good intentions, the Cover Note does not increase to become a certificate. Such participation makes the object to be requested or bound with mortgage rights still needed, so the position of the bank's creditors is threatened as concurrent creditors who do not have a special position of compilation in the credit process.
8
Azurma, Reza, Yulfasni Yulfasni, and Syahrial Razak. "Legal Protection of Creditors in Credit Agreements with Warranties of Power of Attorney Impose Collateral Rights That Have not Been Registered Based on PMA/KBPN NUMBER 22 of 2017 at Pt. BPR Harta Mandiri Pekanbaru." West Science Law and Human Rights 1, no. 04 (October 30, 2023): 196–203. http://dx.doi.org/10.58812/wslhr.v1i04.148.
Анотація:
Encounter rapidly growing, competitive, and integrated national economic development with increasingly complex challenges and an increasingly advanced financial system that requires policy adjustments in the economic field, including banking. Economic recovery is inseparable from the banking business's hazardous credit distribution. Therefore, collateral is significant in the issuance of credit. In practice, the Bank as a creditor provides credit facilities to the debtor. SKMHT was made to become a basis for making a Deed of Mortgage Rights (APHT). However, SKMHT has a term. Thus, both the creditor and the notary / PPAT must pay serious attention to the validity period because the expired SKMHT affects the APHT cannot be registered, so the Bank cannot execute the debtor's default guarantee object. The problems in this study are the factors that affect creditors in credit agreements with SKMHT guarantees that cannot register their rights and how to protect creditor law in credit agreements with SKMHT guarantee based on PMA / KBP Number 22 of 2017. The research method used is juridical-empirical and descriptive analysis, then analyzed qualitatively. Banks in credit binding only limited SKMHT as a bridge to make APHT. When SKMHT cannot be increased to APHT, the Bank cannot execute the guarantee object in the credit agreement. The factors that influence SKMHT cannot be upgraded to APHT because the Bank gives credit on specific credit based on the PMA / KBPN Number 22 of 2017, the process of registration of the mortgage is too long, negligent Notary / PPAT considering the expiry of SKMHT period so that the legal protection that can be done is by filing a civil suit at the local District Court with evidence of the binding of credit agreement between the Bank and the debtor. So that the object of the collateral can be executed.
9
Soraya, Disa. "LEGAL PROTECTION OF DISADVANTAGED DEBTOR CUSTOMERS IN THE IMPLEMENTATION OF OBJECT EXECUTION AUCTION PROCEDURES IN BANK CREDIT AGREEMENTS." Indonesia Private Law Review 2, no. 1 (March 24, 2021): 37–48. http://dx.doi.org/10.25041/iplr.v2i1.2224.
Анотація:
In the process of granting credit, it often happens that the creditor loses when the debtor defaults so that legal rules are required in the implementation of the imposition of the mortgage as stated in a credit agreement, which aims to provide legal certainty and protection for the parties concerned. So, it raises a lawsuit for the cancellation of the auction. Based on these problems, this research aims to answer problems regarding the auction implementation of mortgage rights against debtors who are negligent by the Bank, limits on the determination of the auction limit value for the object of guarantee rights of security rights, and legal protection for bank customers for auction that does not match the value of a collateral object. This study uses an empirical juridical method by conducting literature studies and interviews with informants. The research and discussion results found that: First, the implementation of the mortgage right execution auction can be used as an alternative when bad credit occurs as a result of the customer (the debtor) in default to his creditor. The Bank, as the creditor, has the right to collect receivables from the sale of the object of the mortgage, which is guaranteed by an auction mechanism following the provisions of Law Number 4 of 1996 concerning Mortgage Rights for Land and Other Objects Related to Land. Mortgage rights in the credit agreement have a function to provide a sense of security for creditors in case of default by the debtor through the mortgage’s execution. Second, the limit value’s determination must be determined based on an appraiser’s assessment. So that if the determination of the limit value is so low, it can be used as one of the reasons for the auction’s cancellation. This is based on the provisions of Article 43 and Article 44 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK.06/2016 concerning Instructions for Conducting Auctions. Third, as a guarantee of legal protection for customers, if there is a loss due to implementing an auction that is not based on applicable legislation.
10
Juniarti, Maria Mahdalena. "BREACH OF PEACE AGREEMENT (HOMOLOGATION) BETWEEN PT LAUTAN WARNA SARI AND PT KERTAS LECES (PERSERO)." Indonesia Private Law Review 4, no. 2 (September 4, 2023): 137–48. http://dx.doi.org/10.25041/iplr.v4i2.3029.
Анотація:
Peace efforts filed by the business entity PT Kertas Leces (Persero) (hereinafter referred to as the Respondent) in the Debt Payment Obligation Postponement (PKPU) process in collaboration with PT Lautan Warna Sari (hereinafter referred to as the Applicant), which was ratified into a Peace Agreement (homologation) decided by the Commercial Court in Decision No. 05/PKPU/2014/PN.Niaga.Sby. The Peace Agreement (homologation) contains an agreement that must be fulfilled by the respondent to the applicant. However, in its implementation, the respondent was negligent and could not fulfill these provisions so that the applicant filed for cancellation of the peace agreement. The request was granted by the court through Decision Number 1/Pdt.Sus.Cancellation of Peace/2018/PN Niaga.Sby so as to declare the respondent bankrupt with all legal consequences. The research will discuss 2 (two) problems, namely (1) The legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) and (2) Efforts to resolve breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero). The research uses a normative juridical approach, which is a study of the law that conceptualizes the law as norms, rules, regulations and applicable legislation. The research shows that the legal consequences of breach on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) is the cancellation of the peace agreement because PT Kertas Leces as a debtor neglects to fulfill the agreement in the agreement so that the debtor is declared bankrupt. The debtor also bears compensation and risk transfer through the disposal of the debtor's bankruptcy assets by the curator. In addition, the debtor also pays court costs. Efforts to resolve breachs on the peace agreement (homologation) between PT Lautan Warna Sari and PT Kertas Leces (Persero) are through the administration of bankruptcy assets by concurrent with procedures, first, the debtor will pay preferred creditors, namely the normative rights of former employees. Second, the debtor will pay a percentage of the debtor's assets to the state treasury as non-tax revenue from bankruptcy. Third, the debtor will pay other creditors in accordance with their receivables.
11
Dinata, Hendra, Ismail Ismail, and Puguh Aji Hari Setiawan. "KEPASTIAN HUKUM PANDEMI COVID 19 SEBAGAI PENENTUAN KEADAAN KAHAR DI DALAM PERJANJIAN PEMBIAYAAN MULTIGUNA." JURNAL ILMIAH GLOBAL EDUCATION 4, no. 2 (June 7, 2023): 603–14. http://dx.doi.org/10.55681/jige.v4i2.759.
Анотація:
Whereas in civil law there is a force majeure in the event of a failure to fulfill performance in an agreement. The President issued Presidential Decree Number 12 of 2020 concerning Designation of the Non-Natural Disaster of the Spread of CoronaVirus Disease 2019 (COVID-19) as a national disaster. One of the impacts of the Covid-19 outbreak is that economic growth has decreased, including in terms of agreements. Therefore, this study aims to examine the arrangements and legal certainty of multipurpose financing agreements in force majeure, in which parties who cannot fulfill their performance obligations as a result of being affected by Covid-19 cannot be immediately declared as default due to an element of intent. As a result of the Covid-19 pandemic, disputes arose between debtors and creditors, using the theory of legal agreements and the theory of legal certainty.The method used in this writer is normative juridical research carried out as an effort to obtain the necessary data in connection with the problem. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Besides that, primary data and secondary legal materials are also used. Data analysis was carried out using a qualitative juridical analysis method.The research results obtained, that multipurpose financing agreements in force majeure in this case the Covid-19 pandemic have an impact on debtors not carrying out achievements or defaults not caused by intentional or negligent factors, but because of circumstances that occur beyond expectations and debtor capabilities, legal remedies to resolve default disputes by debtors during the Covid-19 pandemic, dispute resolution outside the court is by negotiating with the parties
12
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 (August 1, 2022): 815–36. http://dx.doi.org/10.15408/jlr.v4i3.21420.
Анотація:
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, the court denied the demand for cancellation. The Creditors file an appeal with the Supreme Court in response to the verdict of the Commercial Court Judge. The Supreme Court judge observed in his ruling that he had approved the creditor's motion to reject the reconciliation. This study combines a descriptive-analytical research technique in conjunction with a legal research strategy consisting of a normative juridical or statutory approach and qualitative analysis methodologies. Case research for Decision Number 4/Pdt.Sus.Cancellation of Peace/2019/PN.Niaga.Jkt.Pst. Jo. Number 718K/Pdt.Sus-Pailit/2019 revealed that the judge's legal considerations at the first level were in conflict with several Civil Code articles and the principle of balance in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Temporary Debt Payment Obligations. The judge of the Supreme Court who accepts the petition for peace annulment declares the debtor bankrupt with all legal consequences.
13
Khasanah, Nur, Efi Yulistyowati, and Agus Saiful Abib. "ANALISIS PUTUSAN PENGADILAN NEGERI SEMARANG NO.2/PDT.SUS-PAILIT/2020/PN.SMG MENGENAI PERMOHONAN PEMBATALAN HOMOLOGASI." Semarang Law Review (SLR) 3, no. 2 (December 12, 2022): 128. http://dx.doi.org/10.26623/slr.v3i2.3974.
Анотація:
<p align="center"><strong><em>ABSTRACT</em></strong></p><p align="center"><strong><em> </em></strong></p><p><em> Homologation</em> is the ratification of reconciliation by the judge on the agreement between the debtor and creditor to end bankruptcy. Bankruptcy is one way to resolve debt disputes that smother a debtor, where the debtor no longer has the ability to pay his debts to his creditors. One of the bankruptcy decisions that will be studied in this research is the Semarang District Court Decision Number 2/Pdt.sus-Pailit/2020/PN.Smg. Regarding the request for cancellation of homologation, by discussing the problem of analyzing the judge's consideration in the decision of the Semarang District Court No.2/Pdt.Sus-Pailit/2020/PN.Smg regarding the Request for Cancellation of Homologation and its legal consequences. Based on this, the type of this research is normative juridical with a case approach, the research specification is descriptive and analytical. The data used is secondary data, which is taken by means of literature study and documentation study. The data is then analyzed qualitatively. From the results of this study, it can be concluded that the consideration of the Panel of Judges to grant the Petitioner's request in the Decision of the Semarang District Court No.13/Pdt.Sus-PKPU/2018.PN.Smg is correct because the Respondent was proven negligent/default in fulfilling the contents of the Homologation agreement agreed between PT.BMI TBK and PT.TS in their arrangement there are achievements that must be fulfilled by PT.TS, namely the payment of debt of 82% (eighty two percent) of the total principal debt of the Respondent to the Petitioner or the equivalent of Rp.106,604,576,766, - (one hundred six billion six hundred four million five hundred seventy six thousand seven hundred and sixty six Rupiah) no later than 6 (six months) from the date of the Homologation Decision This is in accordance with the contents of Article 170 paragraph (1) of Law No. 37 of 2004. Legal consequences from the Semarang District Court Decision No.2/Pdt.Sus-Pailit/2020/PN.Smg PT.TS must be Bankrupt with all the legal consequences this is in accordance with Article 291 paragraph (2) of the Bankruptcy Law and PKPU.</p><p> </p><p><strong><em>Keywords : Decision, Court, Cancellation, Homologation.</em></strong></p>
14
Pyarrani, Dilla, Tiara Puspita Sari, and Wina Karlina. "Settlement of Default by the Debtor and Liability of the Creditor in the Pledge Agreement." Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal 3, no. 1 (January 1, 2023): 15–26. http://dx.doi.org/10.15294/ipmhi.v3i1.57547.
Анотація:
The condition of people who are experiencing difficulties in the economic field, credit with collateral is needed by community and is the right choice by the community in meeting their needs as an addition to business capital and to meet their daily needs. The purpose of this study to explain the phenomena that occur in debt-receivable agreements with pledged guarantees, the phenomenon that is the existence of customers who are in default. Customers also need to know the responsibilities of a creditor. Research approach with normative juridical analysis. The legal basis for a pawn agreement is regulated by Article 1150 of the Civil Code (Burgelijjk Weetboek). A pawn agreement arises by a legal relationship between debts that are guaranteed to be repaid with movable objects, so that the pawned goods are in the hands of the creditor. Regarding this matter, the creditor must maintain the collateral that was pawn by the debtor. While the debtor is obliged to pay debts to creditors. If one of the parties does not fulfil its obligations, then parties has failed to comply with the agreement. The results from the study show that the legal consequence of debtors who have defaulted are cancellation of agreements and risk transfer. While the responsibility carried out due to the negligence of the creditor on the pawned object is by same item, repair the object and etc in accordance with the negligence that occurred.
15
Marbun, Alvon, Anggi Fitria Nainggolan, Alif Al-Azis Nurullah, Gretta Pertiwi Br, Herman Brahmana, and Agus Irawan. "LEGAL PROTECTION FOR CREDITORS AGAINST DEBTORS IN DEFAULT PEER TO PEER LENDING AGREEMENT." Awang Long Law Review 6, no. 2 (May 10, 2024): 393–98. http://dx.doi.org/10.56301/awl.v6i2.1086.
Анотація:
The purpose of this research is to determine the validity of the Civil Code perspective on peer to peer lending agreements and to determine the factors that hinder creditor returns and the role of the OJK in protecting creditors. This research uses normative juridical methods, namely obtained from library materials and related literature such as books, journals and so on. Peer to peer lending agreements made using an electronic system are basically valid because they fulfill the 4 requirements in Article 1320 of the Civil Code. There are several factors that hinder returns and creditors, namely, individual characteristics, business, credit, internal and external factors. OJK's role in protecting lenders in peer to peer lending agreements, OJK provides sanctions to organizers for losses from fund owners due to errors and negligence in cases where there is a lack of transparency, not acting fairly, not being reliable, not maintaining data confidentiality and security.
16
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 (January 31, 2022): 283. http://dx.doi.org/10.20473/jd.v5i1.32728.
Анотація:
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 belong to a third party, the holder of the guarantee is the creditor. Other creditors do not receive a share because they are not entitled to collateral that belongs to a third party, which is not included in the debtor's bankruptcy estate. Workers are not entitled to third party guarantees, but workers get their rights from the board of directors. The Board of Directors is responsible for the company's debt that has not been paid by placing the money in bankrupt assets. It is the board of directors responsibility for negligence in controlling the company which resulted in bankruptcy.Keywords: Bankruptcy; Workers; Collateral; Third Parties.AbstrakPutusan pailit pada perusahaan dapat berakibat adanya pemutusan hubungan kerja. Dalam kepailitan terdapat tiga jenis kreditor yakni kreditor preferen, kreditor separatis dan kreditor konkuren. Pekerja sebagai kreditor preferen dalam Undang-Undang pembagiannya diadahulukan atas upah terutang. Akan tetapi kedudukan pekerja sering dihiraukan dan lebih mengutamakan pembayaran pada kreditor separatis. Karena kreditor separatis dapat melakukan eksekusi benda jaminan dan hasilnya tidak dibagikan kepada kreditor preferen. Terlebih lagi jika harta pailit tersebut berebentuk jaminan milik pihak ketiga maka yang menguasai atas jaminan tersebut yakni kreditor pemegang. Untuk kreditor lainnya tidak mendapat pembagian karena tidak berhak atas jaminan milik pihak ketiga, yang mana bukan termasuk dari harta pailit debitor. Pekerja tidak berhak atas jaminan milik pihak ketiga tetapi pekerja mendapatkan haknya dari direksi. Direksi bertanggung jawab atas utang perusahaan yang belum dibayarkan dengan memasukkan uangnya ke harta pailit. Sebagai tanggung jawab direksi atas kelalaiannya dalam pengendalian perusahaan sampai mengakibatkan pailit.Kata Kunci: Kepailitan; Pekerja; Jaminan; Pihak Ketiga.
17
Arjaya, I. Made, and Nyoman Putra Suhambara. "Pelaksanaan Eksekusi Benda Bergerak Yang Tidak Dibebani Jaminan Fidusia Di Perkoperasian." Batulis Civil Law Review 2, no. 2 (November 27, 2021): 140. http://dx.doi.org/10.47268/ballrev.v2i2.689.
Анотація:
Guarantee execution is one of the ways when the debtor is negligent in carrying out his obligations which are carried out in accordance with applicable legal procedures. Furthermore, two basic problems are formulated to be studied, namely: 1). How is the execution of movable objects that are not burdened with Fiduciary Guarantees? And 2). What legal efforts can be made by the creditor if the execution of movable objects that are not burdened? this section also describes the purpose and benefits of writing and the originality of research as the work of the real writer. This study uses an empirical juridical approach, data obtained through library research and direct research in the field. Based on the results of the study, it can be concluded that. Judging from the law enforcement theory, the execution of collateral objects with fiduciary guarantees at the Cooperative, namely when the debtor is declared default, the cooperative will seize the object of collateral, takeover or disbursement of collateral objects under the hand, and auction the guarantee object based on the Selling Power. And the creditor's legal efforts according to the theory of legal protection cannot be implemented, namely the cooperative as the creditor will take a non-litigation path such as negotiation and mediation. And if the non-litigation path does not produce results, the cooperative will take a litigation route, namely to file a lawsuit to the court on the basis of a default made by the debtor.
18
Hendrawardhana, Christian, Henrycus Winarto, and Bambang Budiarto. "PERINGKAT KINERJA KEUANGAN PADA PERUSAHAAN GO PUBLIK INDUSTRI MANUFAKTUR YANG TERCATAT PADA BURSA EFEK INDONESIA DENGAN MENGGUNAKAN Z-SCORE ALTMAN MODEL PERIODE 2010-2012." Jurnal Ekonomi dan Bisnis 18, no. 2 (June 1, 2016): 71–88. http://dx.doi.org/10.24123/jeb.v18i2.1628.
Анотація:
Indonesia is a country that includes emerging markets and focused on the manufacturing sector. In the manufacturing sector will require funds on production activities, and these funds can be obtained from the credit. Meanwhile in Indonesia, many credit activity conducted by commercial banks, which is closely linked to the credit of bad credit. Bad credit can occur due to 2 factors, factors debtor or creditor factors. The meaning of this factor is negligence bank creditors in the debtor's credit analysis. But for manufacturing companies go public, they can raise funds in addition to the credit of the fund shares, many people who say that companies going public is a healthy company because it has passed various tests. Seeing this, the researchers would like to examine the statement and credit analysis test using the Z-Score models Atlman on manufacturing companies going public in Indonesia. The findings of this study indicate that the Z-Score Atlman models can be used for credit analysis in determining whether or not a company bankrupt.
19
Victoria Damanik, Jessica Bintang, and Siti Malikhatun Badriyah. "Kepastian Hukum Terhadap Perjanjian Pembiayaan Didahului SKMHT Tanpa APHT." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 5, no. 2 (October 10, 2023): 1883–98. http://dx.doi.org/10.37680/almanhaj.v5i2.3697.
Анотація:
Ownership of land rights is an interest for Indonesian that is used for various purposes, one of which is as collateral in a financing agreement. The advantage of being a collateral object is to have a stable value and tend to increase. The purpose of this study is to analyze the legal protection of creditors who experience problems when knowing debtor defaults and their position of creditors who only have SKMHT without APHT due to notary negligence. This research method is qualitative with a normative juridical research type. The results of the research are protection for SKMHT holders enforced despite the negligence of the Notary/PPAT. In addition, the recommendation that the PPAT/Notary should have SKMHT management to avoid legal problems when debtor defaults.
20
Jacinda, Indah, and Stanislaus Atalim. "ANALISIS PUTUSAN PEMBATALAN PERJANJIAN PERDAMAIAN HOMOLOGASI PADA KASUS KEPAILITAN PT NJONJA MENEER (STUDI KASUS: PUTUSAN PENGADILAN NIAGA SEMARANG NOMOR 11/PDT.SUS-PAILIT/2017/PN NIAGA SMG. JO. PUTUSAN MAHKAMAH AGUNG NOMOR 1397 K/PDT.SUS-PAILIT/2017)." Jurnal Hukum Adigama 2, no. 1 (August 24, 2019): 692. http://dx.doi.org/10.24912/adigama.v2i1.5257.
Анотація:
A form of reconciliation in Suspension of Payment is an agreed composition plan, and the composition plan must get the court’s ratification (homologation). According to Article 170 of the Bankruptcy Law number 37/2004, the creditor can request the cancellation of the composition plan that has been approved if the debtor fails (negligent) to fulfill their obligations. Furthermore, in Article 291 Paragraph 2 of the Bankruptcy Law states that if the cancellation is approved, the debtor must be declared bankrupt. And in this case, PT Njonja Meneer was declared bankrupt because they were considered negligent in fulfilling their obligation according to the composition plan, which if we look in Indonesian Civil Code, on Article 1238 it’s stated that someone can only be said to be negligent if they do not carry out their obligations after the due date and have received a notice beforehand. And in this case, the composition plan’s due year is still in 2020 but in 2017, the debtor has already called negligent and declared bankrupt by the court. Therefore, while the research methods in this journal use normative research methods supported by interview data, this journal will examine further about the composition plan itself and the term of negligent in fulfilling the obligations according to the bankruptcy law.
21
Putri, Tiyas Asri, Gusnardi Lie, and Moody Rizqy Syailendra Putra. "Juridical Analysis of Debt Settlement Through Bankruptcy (Study of Decision 24/Pdt.Sus-Bankrupt/2019/PN Niaga Sby)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (June 1, 2023): 442–53. http://dx.doi.org/10.57235/qistina.v2i1.517.
Анотація:
Every bankruptcy has legal consequences for both the debtor and the creditor, one of which is the ability to represent the bankrupt debtor in property law matters. As a result, the authority of the debtor is very limited. Therefore, the debtor remains liable for outstanding debts in the event of bankruptcy, and the creditor must use all reasonable efforts to collect outstanding debts. Regarding debt settlement through bankruptcy (Decision of the Surabaya District Court Case PT. Sinar Pembangunan Abadi) to find out the basis for the considerations of the Panel of Judges in case number: 24/Pdt.Sus-Pailit/2019. This case was originally with the bankruptcy respondent having debts to the bankruptcy applicants that were due and could be collected for severance/compensation payments. This study uses the method of literature review. This type of research data is secondary data. The normative approach to analyzing juridical legal analysis is to resolve issues related to debt settlement difficulties in the consideration that the Commercial Court at the Surabaya District Court has stated that it is proven that it has not fulfilled the legal or debt obligations mentioned above, then the legal consequences (legal consequences) of the bankruptcy respondent can be declared negligent law (ingebreke stelling) can be declared negligent or default on their obligations (counter-performance) in accordance with the provisions of Article 1238 of the Civil Code.
22
Savitri, Anasya, and Anang Dony Irawan. "JAMINAN FIDUSIA YANG BELUM DIDAFTARKAN PADA AKTA NOTARIS DAN PERLINDUNGAN HUKUM BAGI KREDITUR." Khatulistiwa Law Review 2, no. 2 (June 25, 2022): 398–412. http://dx.doi.org/10.24260/klr.v2i2.723.
Анотація:
Abstrak
Tujuan utama dari penelitian ini adalah memberikan telaah yuridis terkait perlindungan yang diberikan bagi pihak kreditur apabila akta jaminan fidusia tidak didaftarkan oleh notaris. Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia mengatur bahwa proses terjadinya jaminan fidusia terjadi dalam dua tahapan. Pertama adalah tahapan pembebanan jaminan fidusia. Pembebanan benda dengan jaminan fidusia dibuat dengan akta notaris dalam bahasa Indonesia dan merupakan akta jaminan fidusia. Dalam proses pendaftaran akta jaminan fidusia oleh notaris terdapat beberapa permasalahan yang berpotensi membuat proses pendaftaran tidak diselesaikan dengan baik. Apabila karena beberapa sebab pihak notaris melakukan kelalaian sehingga tahapan pembebanan jaminan fidusia tidak dapat diselesaikan, atau dengan kata lain akta jaminan fidusia tidak didaftarkan, hal ini akan berujung proses terjadinya jaminan fidusia tidak dapat berlangsung pada tahapan pendaftaran jaminan fidusia. Sebagai akibat dari hal ini, maka kreditur tidak memiliki hak mendahului dan tidak dapat mempunyai kekuatan eksekutorial. Dari hasil penelitian ini diketahui bahwa terdapat beberapa perlindungan hukum yang menunjukkan adanya asas kepastian hukum untuk kasus semacam ini. Sesuai surat kuasa yang diberikan, kreditur dapat meminta pertanggungjawaban terhadap notaris atas kelalaian yang dibuatnya karena tidak melakukan pendaftaran akta jaminan fidusia.
Abstract
The main purpose of this study is to provide a juridical review related to the protection provided to creditors if the fiduciary guarantee deed is not registered by a notary. Law Number 42 of 1999 concerning Fiduciary Guarantees stipulates that the process of fiduciary security occurs in two stages. The first is the stage of imposing fiduciary guarantees. The assignment of objects with fiduciary guarantees is made with a notarial deed in Indonesian and is a fiduciary guarantee deed. In the process of registering a fiduciary guarantee deed by a notary, several problems have the potential to make the registration process not completed properly. If for some reason the notary makes negligence so that the stage of imposing the fiduciary guarantee cannot be completed, or in other words the fiduciary guarantee deed is not registered, this will result in the process of the fiduciary guarantee being unable to take place at the fiduciary guarantee registration stage. As a result of this, creditors do not have preemptive rights and cannot have executive power. From the results of this study, it is known that several legal protections indicate the principle of legal certainty for cases like this. Following the power of attorney given, the creditor can hold the notary accountable for the negligence he made for not registering the fiduciary guarantee deed.
23
Alwi, Lala, Merry Tjoanda, and Pieter Radjawane. "Ganti Kerugian Akibat Wanprestasi Perjanjian Kerja Sama (Bagi Hasil) Kajian KUHPERDATA." KANJOLI Business Law Review 1, no. 2 (December 10, 2023): 105–12. http://dx.doi.org/10.47268/kanjoli.v1i2.11618.
Анотація:
The breach of contract in a cooperation agreement resulting in losses to the creditor as the capital provider constitutes a breach of contract. Thus, it is necessary to examine the legal relationship between the debtor and creditor, as well as the form of compensation for losses due to the breach of contract in the profit-sharing agreement. This research method is juridical-normative and is descriptive-analytical, utilizing an approach formulated within the results of literature research from primary, secondary, and tertiary legal materials analyzed and examined in a structured assessment. The research results indicate that the legal relationship between the debtor as the fund recipient and the creditor as the fund provider is governed by the cooperation agreement or profit-sharing, regulating the rights and obligations of both parties, including the legal relationship between the debtor and creditor referring to the relationship formed when the debtor takes a loan or receives credit from the capital provider (creditor). This relationship is governed by an agreement/contract that regulates the rights and obligations of both parties, covering various aspects such as the Agreement/Contract Relationship, financing, trust, and supervision relationships. In the event of a breach of promise by the debtor, the consequence in the form of compensation is the debtor's obligation to pay damages arising from the debtor's negligence as regulated in the Civil Code, consisting of three types: costs, losses, and interest. In connection with the above problem, even though the legal terms of lending have been agreed upon in the agreement/contract, the regulation of these legal relationships must also be included in the agreement to prevent future breaches that may cause losses to the capital provider (creditor).
24
Rade, Stefanus Don, Mericiana Yulita Fin Tae, Firgilius Kandro Mego Asman, and Kalistus G. Wayong Huler. "Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union." Journal of Progressive Law and Legal Studies 1, no. 02 (May 31, 2023): 97–106. http://dx.doi.org/10.59653/jplls.v1i02.81.
Анотація:
Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.
25
Cavalaglio, Lorenzo. "Responsabilità professionale di notaio e avvocato e concorso di colpa del cliente. Mutamento della giurisprudenza tributaria (Trib. Lodi, 10 maggio 2023)." N° 1 (gennaio-febbraio), no. 5 (February 1, 2024): 107–15. http://dx.doi.org/10.35948/1590-5586/2024.486.
Анотація:
Tesi È noto che l’obbligazione del professionista, pur costantemente qualificata quale obbligazione di mezzi, abbia ad oggetto una sempre più puntuale attitudine al conseguimento del risultato pratico voluto dalle parti: pertanto, nell’ambito della consulenza fiscale relativa agli atti stipulati, si estende all’ottenimento degli effetti vantaggiosi eventualmente previsti dalla normativa fiscale e a far rispettare gli obblighi da essa imposti. Tuttavia, ove il comportamento del cliente contrasti con i doveri di buona fede imposti dall’art. 1375 cod. civ., ad es. rifiutandosi di corrispondere gli importi delle imposte dovute o accertate in relazione all’atto, l’applicazione dell’art. 1227, comma 1, cod. civ. impone una riduzione della misura del risarcimento, traducendosi detto atteggiamento in un concorso di colpa nella produzione del danno causato dalla prestazione professionale. La previsione di obblighi di correttezza a carico del creditore può infatti ridurre o addirittura eliminare la responsabilità del debitore. The author’s view A professional’s obligation, although constantly classified as an obligation of means, has as its object an increasingly punctual aptitude for achieving the practical result desired by the parties. Therefore, in the context of tax consultancy relating to notarial acts, it extends to obtain any advantageous effects foreseen by the tax legislation and to enforce the obligations imposed by it. However, where the customer’s behaviour conflicts with the duties of good faith imposed by art. 1375 of the civil code, e.g. by refusing to pay the amounts of taxes due or assessed in relation to the act, art. 1227, 1st paragraph of the civil code imposes a reduction in the amount of compensation, because that behaviour isa case of contributory negligence in the production of the damage caused by the professional service. The violation of fairness obligations by the creditor can in fact reduce or even eliminate the debtor’s liability.
26
Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, no. 1 (March 2007): 85–106. http://dx.doi.org/10.1111/j.1747-7093.2007.00062.x.
Анотація:
Risk and liability change the initially stipulated terms of contracts, overruling their otherwise binding nature. Risk encourages careful assessment of debtors' abilities to service debts. Errors and negligence in assessment, and even external shocks, make creditors suffer losses. Disregarding one's duty of care or professional standards, or engaging in tortious or illegal behavior makes actors liable to compensate for any resulting damage—a necessary systemic element of the framework markets need to function well. Neither mechanism was allowed to work properly in sovereign lending.This essay analyzes why risk and liability are necessary mechanisms of well-functioning markets, and discusses how risk can be handled. In the United States, inappropriate regulatory norms hindered providing against risk in the case of sovereign debt. The absence of liability—a market imperfection—has produced debts no decent legal system would recognize as legitimate domestic debt, thus aggravating the sovereign debt problem, and giving rise to concepts such as criminal, odious, and illegal debts. Discriminating sovereign debtors and disobeying the rule of law caused market distortions, resulting in not only grave damages to debtors, but also losses to creditors that the mechanisms risk and liability would have avoided. Finally, I briefly present proposals to repair these shortcomings in order to avoid the disasters of the past.
27
Leonard, Tommy, Elvira Fitriani Pakpahan, and Helen Jennyver Yang. "JURIDICAL ANALYSIS OF DEBT COLLECTIONS TOWARDS DEFAULT DEBTOR WHICH DEBT HAS MATURED AS THE TIME WHEN THE DEBT ACKNOWLEDGMENT LETTER HAS NOT ENDED." International Journal of Latin Notary 2, no. 02 (March 3, 2023): 108–16. http://dx.doi.org/10.61968/journal.v2i02.39.
Анотація:
One of the forms of trust between one individual with the others is by making a mutual agreement that is outlined in a written agreement. In the process of it, there are certain conditions that might result in the termination of the agreement as there is default in the written agreement. One of the forms of written agreement that has been stated is debenture note. As if the case of Supreme Court Decision No. 3051/K/Pdt./2017 pertaining to creditor collect debt towards debtor in which the debtor has been negligent and not able to settle the debt throughout 3 (three) months successively as the debt acknowledgment letter has not ended with the result that creditor accuse the debtor to be seized its collateral. Research Methodology that is being used is, juridical normative law research methodology. Inasmuch as juridical normative law research methodology therefore sources and types of data focused on secondary data. Through this research it can be concluded that, debt acknowledgement letter that is made under consideration of Supreme Court Judge is not based on when is the end of the acknowledgement letter, but it is more to the substance of the contents of the debt acknowledgement letter which is the primary essence of the birth of its debt recognition, where both sides agreed the debt shall be collected immediately for 3 (three) months successively.
28
Saputera, Abdur Rahman Adi, and Selmi Oka. "Analisis Terhadap Putusan Perkara Sengketa Ekonomi Syariah No: 599/Pdt.G/2018/PA.Gtlo yang Diperiksa dan Diadili di Tiga Tingkatan Peradilan." TAWAZUN : Journal of Sharia Economic Law 5, no. 1 (July 1, 2022): 148. http://dx.doi.org/10.21043/tawazun.v5i1.13623.
Анотація:
<p>This study aims to analyze the decision of the sharia economic dispute case that was submitted through a lawsuit at the Gorontalo Religious Court, then continued with the next legal effort, namely an appeal at the Religious High Court to the Supreme Court Cassation level. The results of the study indicate that the claimant and the parties referred to in the lawsuit have both made mistakes in the murabahah contract that has been agreed upon, and in terms of the judges' considerations at each level, it shows that the councils of the Religious Courts and the High Religious Courts passed things that should have been examined. namely the condition of negligence of obligations carried out by the plaintiff. The considerations conveyed by the assembly can certainly miss the sharia economic principle, namely the Taawun concept because the plaintiff's condition is sick and the plaintiff can prove it. As an institution that provides financing (creditors), it is certainly not possible to issue a warning letter if the debtor does not have any errors. So the result is that it can be separated between the state of overmatch and negligence of obligations.</p>
29
Valeri, Mark. "The Economic Thought of Jonathan Edwards." Church History 60, no. 1 (March 1991): 37–54. http://dx.doi.org/10.2307/3168521.
Анотація:
On 16 March 1742, Jonathan Edwards's church in Northampton adopted a new covenant of faith. Written in the heat of the Great Awakening, the document began, predictably, by acknowledging “the blessed manifestations and fruits of [God's] gracious presence in this town” during the recent spiritual revivals. It then plunged into more worldly matters. It called on every church member to deal honestly and justly in secular business: they were not “in any matter” to “overreach or defraud” their “neighbor…and either willfully or through want of care, injure him in any of his honest possessions or rights.” The oath became more explicit. Debtors were to pay their creditors, so to avoid “willfully or negligently” wronging others. Indeed, debtors promised to forego “rest till … that restitution, or …that satisfaction” were effected. Likewise, creditors pledged to eschew “wordly gain, or honor, or interest…or getting the better” of their “competitors” as the “governing aim” of their business. Those who managed public affairs also were to forsake competitiveness. They agreed to relinquish their private interests for the sake of equity, especially “concerning any outward possessions, privileges, rights or properties.” Although the covenant dealt with other matters, it sustained its striking focus on commerce. Even as it neared its conclusion, it used economic metaphor to urge piety, presenting life as capital “to be laboriously spent in the business of religion: ever making it our greatest business.”
30
Setoaji, Bima, Sulistyandari ., and Siti Kunarti. "Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law." Problems of legality, no. 160 (March 30, 2023): 284–303. http://dx.doi.org/10.21564/2414-990x.160.269672.
Анотація:
Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.
31
Adnan, Indra Muchlis, Triyana Syahfitri, and Muannif Ridwan. "Tanggung Jawab Penjamin Pada Kredit Macet Dalam Sistem Borgtocht Di Masa Pandemi Covid-19." Jurnal Hukum Ius Quia Iustum 30, no. 1 (January 1, 2023): 159–77. http://dx.doi.org/10.20885/iustum.vol30.iss1.art8.
Анотація:
This study discusses the legal responsibilities of guarantors for non-performing loans in the borgtocht system during the Covid-19 Pandemic. The research method used is normative juridical. The research concludes that the guarantor's responsibility for non-permorfing loans in banks under the borgtocht system during the Covid-19 Pandemic era is in accordance with Article 1831 of the Civil Code, namely the guarantor is not required to pay the creditor, unless the debtor is negligent, while the debtor's assets must first be confiscated and auctioned to pay off the debt, but the guarantor cannot ask the creditor to confiscate the goods belonging to the debtor first, before the collateral belonging to the guarantor debtor (borg) is confiscated, if the guarantor releases his privileges through a borgtocht deed, it is regulated in Article 1832 of the Civil Code that the guarantor cannot demand that the debtor’s property be confiscated and sold first to pay off his debt if he has waived his privilege to demand that the borrower's property be confiscated/auctioned first. Settlement efforts in the event of non-performing credit involving the guarantor debtor (borg) during the Covid-19 Pandemic include the debtor has the right to apply for credit restructuring if in fact the debtor has defaulted in making debt payments. Other efforts are by peaceful means such as deliberations or negotiations, so that there is no confiscation of the collateral belonging to the guarantor debtor, and the settlement through legal channels is submitted to the Court to be executed on the guarantee and then auctioned off.
32
NUKI, NUKI. "THE BOARD OF DIRECTORS OF A BANKRUPT COMPANY’S CIVIL LIABILITY FOR OBTAINED TAXES." Cepalo 5, no. 2 (December 31, 2021): 131–40. http://dx.doi.org/10.25041/cepalo.v5no2.2364.
Анотація:
Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades when the company is faced with unfulfilled tax obligation. Therefore, the main problem in this research is the director board of Sumber Urip Sejati Utama's Ltd. civil liability and legal consequences towards the tax in debt due to the board’s negligence. The research method used in this study is a normative juridical approach, which is an approach based on the primary legal material by examining theories, concepts, legal principles and legislation. The research elaborates that the civil liability of Sumber Urip Sejati Utama Ltd.’s director board towards the tax in debts is in a form of joint responsibility or responsibility. Moreover, the legal consequences faced by the director boards due to their negligence is that directors should bear all of the company's debts to creditors and third parties, to the extent of using the directors' assets to cover the losses.
33
A.A.P*, Karina Widyadhari, Elisatris Gultom, and Anita Afriana. "The Annulment of Homologation in the Case of PKPU Application of Intidana Savings and Loan Cooperative in Review of Law Number 37 of 2004." Riwayat: Educational Journal of History and Humanities 6, no. 2 (April 30, 2023): 640–52. http://dx.doi.org/10.24815/jr.v6i2.31817.
Анотація:
The purpose of this research is to find out the annulment of homologation in the case of a PKPU application for KSP Intidana in terms of Law No. 37 of 2004. This research method is normative juridical which is guided by primary legal materials and secondary legal materials contained in a legislation. The results of the research show that first, the action of not accepting the annulment of homologation on the basis that the application submitted was premature is not in accordance with the provisions of the KPKPU Law because the concept of negligence as a reason for homologation annulment in the KPKPU Law is interpreted as an action where the debtor really does not fulfill the clauses agreed upon in the composition agreement, not waiting until the payment deadline expires. Secondly, the judge's action in not accepting the homologation annulment request submitted by KSP Intidana's creditors was inappropriate because it did not fulfil one of the principles of the decision in which the judge's decision must contain a clear basis.
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Putra, Ryan Prastya Mariata, Ida Ayu Putu Widiasti, and Ni Made Puspasutari Ujianti. "Akibat Hukum dari Wanprestasi dalam Transaksi Jual Beli Secara Instagram." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 33–36. http://dx.doi.org/10.22225/jph.1.2.2339.33-36.
Анотація:
The influence of globalization that occurs today has made information and communication technology became something very important for society because it presents a world without boundaries, distance, space, and time. This has made changes to the lifestyles of the people as well as changed the social, economic, cultural, security, and law enforcement. This research was conducted with the aim of describing the rights and obligations of the parties in an Instagram trade agreement and the legal consequences of negligence on an Instagram trade agreement. This research was conducted using normative legal research methods. The results of this study showed that the rights and obligations of the parties to the engagement on Instagram are regulated in the PK Law. Consumers and business actors have their respective rights and obligations. In addition, the legal consequences for a debtor/party who has the obligation to perform in the engagement but has committed negligence, namely: he must pay compensation suffered by the creditor/party who has the right to receive achievement (vide Article 1243 of the Civil Code); he must accept the decision of the engagement accompanied by payment of compensation (vide Article 1267 of the Civil Code); he must accept the transfer of risk from the moment of failure (vide Article 1237 paragraph (2) of the Civil Code); and he must pay court fees if litigated in court (vide Article 181 paragraph (1) HIR).
35
Asuan, Asuan. "PENYELESAIAN TERHADAP DEBITUR WANPRESTASI DALAM PERJANJIAN GADAI." Solusi 18, no. 1 (January 1, 2020): 121–38. http://dx.doi.org/10.36546/solusi.v18i1.254.
Анотація:
The problem of this research is how the default in the pawn agreement and settlement of the debtor default in the pawn agreement according to the Civil Code. One type of guarantee for movable objects is a pawn given to guarantee a bill or credit that is regulated in article 1150 of the Civil Code (Civil Code). Default is not fulfilling something that is required as specified in the agreement. Debtor defaults in a pawn agreement according to Article 1234 of the Civil Code, that one of the defaults is caused by not doing what he is promised to do. Article 1238 of the Civil Code states that the debtor is considered negligent with the passing of the time limit specified as stated in the Credit Proof (SBK) approved by the debtor and creditor, in a pawn agreement there is a need for a warning or reprimand / summons. Settlement of default debtors in the pawn agreement according to the Civil Code is contained in article 1156 paragraph 1 and 2, namely through auctions of pawning goods generally called direct execution (parate execution) and submit a claim through the local District Court in accordance with where the debtor entered into a pawn agreement.
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Cornelius, Steve J. "Mora Debitoris and the Principle of Strict Liability: Scoin Trading (Pty) Ltd v Bernstein 2011 2 Sa 118 (SCA)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 600. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2536.
Анотація:
Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris.[1] The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the contract or a negligent failure to perform on time. This was the question which the court had to determine in Scoin Trading (Pty) Ltd v Bernstein.[2][1] Victoria Falls and Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd 1915 AD 1; West Rand Estates Ltd v New Zealand Insurance Co Ltd 1926 AD 173; Fluxman v Brittain 1941 AD 273; Microuticos v Swart 1949 3 SA 715 (A); Linton v Corser 1952 3 SA 685 (A); Union Government v Jackson 1956 2 SA 398 (A); Standard Finance Corporation of South Africa Ltd v Langeberg Ko-operasie Bpk 1967 4 SA 686 (A); Nel v Cloete 1972 2 SA 150 (A); Van der Merwe v Reynolds 1972 3 SA 740 (A); Ver Elst v Sabena Belgian World Airlines 1983 3 SA 637 (A); Chrysafis v Katsapas 1988 4 SA 818 (A).[2] Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA).
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Aprita, Serlika. "WEWENANG DAN TANGGUNG JAWAB HUKUM KURATOR ATAS KESALAHAN ATAU KELALAIANNYA MENGAKIBATKAN KERUGIAN BAGI DEBITOR DALAM PROSES HUKUM PENGURUSAN DAN PEMBERESAN HARTA PAILIT." Solusi 17, no. 2 (May 1, 2019): 154–74. http://dx.doi.org/10.36546/solusi.v17i2.173.
Анотація:
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.
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Dharmawan, Ariel Doni, and Maryanto Maryanto. "Kekuatan Hukum Sertifikat Hak Tanggungan Dalam Hal Musnahnya Obyek Hak Tanggungan Karena Bencana Alam Di Kabupaten Grobogan." Jurnal Akta 5, no. 1 (March 6, 2018): 167. http://dx.doi.org/10.30659/akta.v5i1.2545.
Анотація:
ABSTRAKKekuatan Hukum Sertifikat Hak Tanggungan dalam hal musnahnya objek Hak Tanggungan karena bencana alam di Kabupaten Grobogan menjadi menarik untuk dibahas penulis, karena menimbulkan dampak bagi pihak kreditur. Dimana kreditur kehilangan objek atau benda jaminan yang sedang dibebani hak tanggungan. Dalam hal ini debitur tidak dapat disalahkan karena musnahnya objek atau benda yang dibebani hak tanggungan musnah oleh bencana alam, karena kapan terjadi dan dimana terjadinya bencana tidak dapat diduga dan diluar kekuasaan para pihak, hal ini merupakan keadaan memaksa atau overmacht/ forje majeur. Sehingga penulis merumuskan beberapa permasalahan, yang pertama adalah bagaimana kekuatan hukum sertifikat hak tanggungan dalam hal musnahnya objek hak tanggungan karena bencana alam, lalu permasalahan yang kedua adalah bagaimana perlindungan hukum terhadap pemegang sertifikat hak tanggungan yang musnah karena bencana alam.Pada penulisan tesis ini, penulis menggunakan metode pendekatan yang digunakan dalam penelitian ini adalah metode yuridis sosiologis (socio legal research) yang berarti mengidentifikasi suatu persoalan hukum dari sudut pandang sosial. Untuk menjawab permasalahan seputar hukum perdata terkait tentang Hak Tanggungan. Hasil penelitian yang dilakukan oleh penulis, pertama didapatkan bahwa kekuatan sertifikat hak tanggungan hapus apabila objek hak tanggungan telah musnah oleh bencana alam walaupun hal ini merupakan keadaan yang tidak disengaja dan di luar kekuasaan para pihak. Permasalahan kedua bahwa perlindungan hukum terhadap pemegang hak tanggungan, di dapatkan melalui prosedur pemberian kredit oleh pihak kreditur/ pemegang hak tanggungan, dengan melaksanakan prinsip kehati-hatian sehingga pihak kreditur dapat memperkecil resiko debitur cidera janji/ lalai/ wanprestasi. Adanya formulir syarat umum yang diberi stempel Notaris atau PPAT dibaca dan apabila disetujui oleh debitur, tanda tangan diatas materai. Kemudian, adanya prosedur penerbitan akta hak tanggungan baik itu SKMHT maupun APHT hingga pendaftaran sertifikat hak tanggungan di BPN hal ini untuk mendapatkan kekuatan hukum secara otentik dan mutlak sehingga apabila terjadi sesuatu dapat ditangani berdasarkan dasar hukum dan ketentuan yang telah disetujui oleh para pihak.Kata kunci :Sertifikat Hak Tanggungan, Objek Hak Tanggungan, Bencana Alam ABSTRACTThe Legal Strength of the Certificate of Mortgage Right in the event of the disappearance of the object of Mortality Right due to natural disaster in Grobogan district becomes interesting to be discussed by the author, because it has an impact for the creditor. Where a creditor loses an object or collateral item that is being burdened with a mortgage. in this case the debtor can’tbe blamed for the disappearance of objects or objects burdened by the mortgage is destroyed by natural disasters, because when and where the occurrence of disasters can’t be expected and beyond the power of the parties, this is a state of coercion or overmacht / forjemajeur. So the authors formulate some problems, the first is how the legal power of dependent certificates in the event of loss of mortgage objects due to natural disasters, then the second problem is how the legal protection of the dependent certificate holder who destroyed by natural disasters.In writing this thesis, the author uses the approach method used in this study is sociological juridical method (socio legal research) which means identifying a legal issue from a social point of view. which is a scientific research that has a function to answer the problems surrounding civil law. In the results, the first problem can be concluded that the strength of the mortgage certificate is deleted if the object of mortgage rights has been destroyed by natural disasters even though this is an unintentional situation and outside the power of the parties. In second case, it can be concluded that the legal protection of the mortgage holders is obtained through credit lending procedure by the creditor / holder of mortgage, by implementing the prudential principle so that the creditor can minimize the risk of the default / negligent debtor. The existence of a general terms form to be readed, and stamped by Notary or PPAT and signature by the debtor. Then, the procedure of SKMHT or APHT until registration of certificate of mortgage right in BPN.Keywords: Certificate of Mortgage Right, Object of Mortgage Rights, Natural Disaster
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Shin, Byungdong. "A Review of the issues in Shareholders derivative suit over Liability for damages of director committed illegal stock retirement - Focussing on Supreme Court judgment Supreme sentenced on July 15, 2021 2018Da298744 -." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 33, no. 2 (December 30, 2022): 271–94. http://dx.doi.org/10.34267/cblj.2022.33.2.271.
Анотація:
These cases concerns that liability for damages of director committed illegal stock retirement and the necessity of preceding irrevocable judgment to invalidity of the reduction of capital. Commercial law regulates two ways regarding stock retirement. First way is according to the rules the reduction of capital, second way is only by board resolutions. Conforming to Article 438 of the Commercial Act regarding acquisition of treasury stock and stock retirement is first way. In this case a company can acquire treasury stock without comforming to Article 341 of the Commercial Act, so a company can acquire treasury stock using its funds exceed the dividendable profit. In this case a company have to do special resolution in meeting of stockholders, procedures for Protection of Creditors, Notice of submission of stock certificates etc. If a director violates related regulations regarding invalidity of the reduction in acquisition of treasury stock and stock retirement, he intentionally or negligently violates related regulations and he should be liable for property damages according to Article 399 of the Commercial Act. In this case whole payment for acquisition of treasury stock is a company's suffered amount of property damages. These property damages suffered by payment for acquisition of treasury stock are irrelevant
to invalidity of the reduction, so liability for damages of director committed illegal stock retirement can be claimable without preceding irrevocable judgment on invalidity of the reduction of capital.
In second case, because acquisition of treasury stock is not always connected to stock retirement, these two proceedings can be divided. The Commercial Act regarding these two proceedings are separated. Acquisition
of treasury stock is prescribed by Article 341 of the Commercial Act, on the another hand stock retirement is prescribed by the proviso to Article 343 (1) of the Commercial Act. in this case stock retirement can be done only
by board resolutions, so stock retirement does not hardly counts. Alternatively it is imporeant whether a company has complied with the Commercial Act in acquisition of treasury stock. If a director violates related regulations in acquisition of treasury stock, he intentionally or negligently violates related regulations and he should be liable for property damages according to Article 399 of the Commercial Act. If a company acquires treasury stock using its funds exceed the dividendable profit, the director who executed this direct should be also liable for property damages according to Article 341 (4) of the Commercial Act.
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Ariyanto, Ariyanto, Inge Dwisvimiar, and Arifinal Arifinal. "Kepastian Hukum Terhadap Lelang Eksekusi Hak Tanggungan Terkait Gugatan Perbuatan Melawan Hukum Dari Debitur Pemberi Hak." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 2 (March 25, 2022): 363–76. http://dx.doi.org/10.15408/sjsbs.v9i2.25334.
Анотація:
The implementation of the mortgage execution auction based on article 6 UUHT which is carried out in accordance with the procedure and fulfills formal legality according to Article 25 PMK No 213/PMK.06/2020, the auction cannot be canceled, so if there is a lawsuit to cancel the auction that has been carried out, it must be decided to refuse lawsuit. The research method used in this study is normative-empirical with a Judicial Case Study approach. The results showed that the judge's decision stating that the auction was canceled resulted in a guarantee of legal certainty over the implementation of the auction based on Article 6 of the UUHT to be ignored, and the decision that declared the auction canceled because the debtor was declared in bad faith had committed an unlawful act causing losses. For auction buyers, due to the responsibility of the debtor who intentionally commits an unlawful act and the creditor who is declared negligent in accepting the object of mortgage, it is not stated concretely in the judge's decision.Keywords: Legal Certainty; Execution Auction; Mortgage right; Lawsuit for Unlawful Acts; Debtor Abstrak:Pelaksanaan lelang eksekusi hak tanggungan berdasarkan pasal 6 UUHT yang dilakukan sesuai dengan prosedur dan memenuhi legalitas formal menurut Pasal 25 PMK No 213/PMK.06/2020, lelang tidak dapat dibatalkan, sehingga apabila ada gugatan untuk membatalkan lelang yang sudah dilaksanakan maka harus diputuskan menolak gugatan. Metode penelitian yang digunakan dalam penelitian ini adalah normatif-empiris dengan pendekatan Judicial Case Study. Hasil penelitian menunjukkan bahwa, putusan Hakim yang yang menyatakan lelang dibatalkan berakibat jaminan kepastian hukum atas pelaksanaan lelang berdasarkan Pasal 6 UUHT menjadi terabaikan, dan putusan yang menyatakan pelelangan batal karena debitur dinyatakan beritikad buruk telah melakukan perbuatan melawan hukum menimbulkan kerugian. Bagi pembeli lelang karena tanggung jawab debitur yang dengan sengaja melakukan perbuatan melawan hukum dan kreditur yang dinyatakan lalai menerima objek hak tanggungan tidak disebutkan secara konkrit dalam putusan hakim.Kata Kunci: Kepastian Hukum; Lelang Eksekusi; Hak Tanggungan; Gugatan Perbuatan Melawan Hukum; Debitur
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Keirse, Anne. "Why the Proposed Optional Common European Sales Law Has Not, But Should Have, Abandoned the Principle of All or Nothing: A Guide to How to Sanction the Duty to Mitigate the Loss." European Review of Private Law 19, Issue 6 (December 1, 2011): 951–76. http://dx.doi.org/10.54648/erpl2011066.
Анотація:
Abstract: It is widespread accepted that a creditor, who after a breach of contract wishes to safeguard his entitlement to full compensation for loss incurred, has a responsibility to take reasonable steps to mitigate this loss. There are, however, different views with regard to the scope of this duty to mitigate. Here it is advocated that the legal consequences of a failure to avert or minimize a loss must be similar to those of any joint occurrence of a fault of the wrongdoer with neglect of the aggrieved party. This implies that the liability of the wrongdoer should be reduced by apportioning the loss, which both parties could and should have avoided, between them both. Most modern legal systems do in fact acknowledge the assimilation of the doctrines of contributory negligence and failure to mitigate the loss and thus recognize the prospect of an apportionment of the damage. Not so, however, the European Commission's Expert Group. They exempt the debtor from liability insofar as the creditor contributed to his own loss. This contribution presents some critical reflections on how the duty to mitigate the loss is sanctioned in the newly proposed instrument on European contract law. The author illustrates that the provision in question - Article 163 of the proposal - does not provide for an adequate representation of the latest developments in the various European legal systems on this matter. Résumé: Il est largement admis qu'un créancier qui, à la suite d'une rupture de contrat, souhaite sauvegarder son droit à entière réparation du dommage subi, doit effectuer des démarches raisonnables pour atténuer son dommage. Il existe toutefois différentes opinions quant à la portée du devoir d'atténuer le dommage. La thèse ici défendue est la suivante : les conséquences juridiques du défaut d'empêcher ou de diminuer un dommage doivent être similaires à celles de tout événement conjugant une faute de l'auteur du dommage et une négligence de la partie lésée. Ceci implique que la responsabilité de l'auteur du dommage devrait être réduite en répartissant la perte que les deux parties auraient pu ou auraient dû éviter, entre elles deux. La plupart des systèmes juridiques modernes reconnaissent en réalité l'assimilation des doctrines de la faute de la victim ('négligence contributive') et du défaut de modération du dommage, et admettent donc l'idée de la répartition du dommage. Ce n'est cependant pas le cas du Groupe d'Experts de la Commission Européenne. Ils exonèrent le débiteur de sa responsabilité pour autant que le créancier a contribué à son propre dommage. La présente analyse présente quelques réflexions critiques sur la question de savoir comment l'obligation de modérer le dommage est sanctionnée dans l'instrument nouvellement proposé en droit européen des contrats. L'auteur explique que la disposition en question - Article 163 de la proposition - ne réflète pas de manière adéquate les récents développements des divers systèmes juridiques Européens en cette matière.
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Ruslya, Ni Made Lady, I. Nyoman Putu Budiartha, and Ida Ayu Putu Widiati. "Penyelesaian Perjanjian Kredit Terhadap Debitur yang Wanprestasi di Pt. Bank Perkreditan Rakyat Hari Depan Denpasar." Jurnal Konstruksi Hukum 2, no. 3 (September 1, 2021): 531–36. http://dx.doi.org/10.22225/jkh.2.3.3631.531-536.
Анотація:
Indonesia is a developing country, this development is followed by rapid competition. In carrying out activities in any field, especially in economic activities, the community should not act recklessly but must follow the applicable norms. The government in an effort to equalize the welfare of its people creates a forum for community associations to process funds owned or borrowed funds to open a business. One of them is a bank that is engaged in the financial sector. People's credit banks are the government's solution to provide convenience to the community but with terms and conditions in the lending process. Every community who wants to borrow money for certain purposes can be done at BPR, those who want to borrow capital must have collateral which will later be calculated according to the desired loan, but it is not uncommon for bank staff to not think about the amount of collateral used with borrowed funds, resulting in frequent defaults. This study examines the factors that cause default in the credit agreement at PT. The People's Credit Bank for the Future of Denpasar and explained the efforts of PT. The People's Credit Bank of Denpasar is in the process of settling debtors who are in default. Researchers conduct direct information searches through interviews or empirical research with a case and legislation approach. Furthermore, the data were analyzed using qualitative descriptive. The factor for the occurrence of default is due to the negligence of the bank in complying with the rules that have been outlined. Efforts made to customers who are in default are conducting coaching, rescuduling, reconditioning and restructuring, if not fulfilled, a settlement will be carried out under the hands of selling both parties, the last stage is the determination of execution through the court. If the determination has been granted, the creditor immediately carries out the execution in accordance with.
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Yustiana, Yustiana. "Eksekusi Hak Tanggungan Terhadap Kredit Macet Bank." Al-Ishlah : Jurnal Ilmiah Hukum 23, no. 1 (May 17, 2020): 77–97. http://dx.doi.org/10.33096/aijih.v22i1.38.
Анотація:
This study aims to determine the execution of mortgage rights if a bad credit occurs at Sengkang BRI Bank and also to determine the factors that influence if the execution of a non-performing loan mortgage is not implemented. Data collection methods used were interviews and literature study, then the data were analyzed descriptively. The results showed that the execution of mortgage rights in the case of bad credit at Bank BRI Sengkang was not yet effective. This is due to frequent negligence on the part of the Bank concerned in the procedure for credit disbursement, especially in credit agreements involving third parties. The factors that influence the execution of the mortgage are creditor and debtor factors. As long as there is an agreement between the two parties, there is a possibility that there will be no execution of the mortgage rights and if the execution is there the implementation will be carried out by peaceful execution.
Abstrak:Penelitian ini bertujuan untuk mengetahui eksekusi terhadap hak tanggungan bila terjadi terjadi kredit macet di Bank BRI Sengkang dan juga untuk mengetahui faktor-faktor yang mempengaruhi bila tidak dilaksanakannya eksekusi hak tanggungan kredit macet. Metode pengumpulan data yang digunakan adalah wawancara dan studi kepustakaan, kemudian data dianalisis secara deskriptif. Hasil penelitian menunjukkan bahwa eksekusi terhadap hak tanggungan bagi kasus kredit macet di Bank BRI Sengkang sebagian belum efektif. Hal ini disebabkan sering adanya kelalaian dipihak Bank yang bersangkutan dalam prosedur pencairan kredit, utamanya pada perjanjian kredit yang melibatkan pihak ketiga. Adapun faktor yang berpengaruh terhadap pelaksanaan eksekusi pada hak tanggungan adalah faktor kreditor dan debitor. Sepanjang ada kesepakatan antara kedua belah pihak, maka kemungkinan tidak akan terjadi eksekusi hak tanggungan dan kalaupun eksekusi itu ada maka pelaksanaannya akan ditempuh dengan cara eksekusi damai.
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Yustiana, Yustiana. "Eksekusi Hak Tanggungan Terhadap Kredit Macet Bank." Al-Ishlah : Jurnal Ilmiah Hukum 23, no. 1 (May 17, 2020): 77–97. http://dx.doi.org/10.33096/aijih.v23i1.38.
Анотація:
This study aims to determine the execution of mortgage rights if a bad credit occurs at Sengkang BRI Bank and also to determine the factors that influence if the execution of a non-performing loan mortgage is not implemented. Data collection methods used were interviews and literature study, then the data were analyzed descriptively. The results showed that the execution of mortgage rights in the case of bad credit at Bank BRI Sengkang was not yet effective. This is due to frequent negligence on the part of the Bank concerned in the procedure for credit disbursement, especially in credit agreements involving third parties. The factors that influence the execution of the mortgage are creditor and debtor factors. As long as there is an agreement between the two parties, there is a possibility that there will be no execution of the mortgage rights and if the execution is there the implementation will be carried out by peaceful execution.
Abstrak:Penelitian ini bertujuan untuk mengetahui eksekusi terhadap hak tanggungan bila terjadi terjadi kredit macet di Bank BRI Sengkang dan juga untuk mengetahui faktor-faktor yang mempengaruhi bila tidak dilaksanakannya eksekusi hak tanggungan kredit macet. Metode pengumpulan data yang digunakan adalah wawancara dan studi kepustakaan, kemudian data dianalisis secara deskriptif. Hasil penelitian menunjukkan bahwa eksekusi terhadap hak tanggungan bagi kasus kredit macet di Bank BRI Sengkang sebagian belum efektif. Hal ini disebabkan sering adanya kelalaian dipihak Bank yang bersangkutan dalam prosedur pencairan kredit, utamanya pada perjanjian kredit yang melibatkan pihak ketiga. Adapun faktor yang berpengaruh terhadap pelaksanaan eksekusi pada hak tanggungan adalah faktor kreditor dan debitor. Sepanjang ada kesepakatan antara kedua belah pihak, maka kemungkinan tidak akan terjadi eksekusi hak tanggungan dan kalaupun eksekusi itu ada maka pelaksanaannya akan ditempuh dengan cara eksekusi damai.
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Fistiyanti, Davinta, Abdullah Taufik, and Syaiful Bahri. "PENYELESAIAN CIDERA JANJI OLEH BMT UGT SIDOGIRI CABANG MOJO KEDIRI DITINJAU DARI HUKUM EKONOMI SYARIAH (Completion Of Promise Injury By BMT UGT Sidogiri, Mojo Kediri Branch In Terms Of Sharia Economic Law)." Qawãnïn: Journal of Economic Syaria Law 3, no. 2 (October 22, 2019): 138–62. http://dx.doi.org/10.30762/q.v3i2.1582.
Анотація:
Cidera janji atau wanprestasi kaitannya dengan tidak memenuhi atau lalai melaksanakan kewajiban sebagaimana yang ditentukan dalam perjanjian yang dibuat antara kreditur dan debitur, antara hutang-hutangnya sesuai dengan perjanjian yang telah disepakati. Untuk menghindari adanya nasabah cidera janji maka pihak BMT melakukan beberapa strategi seperti halnya pemberian jaminan kredit maka akan memberikan perlindungan keamanan dan kepastian hukum kreditur, dengan cara mengeksekusi benda yang menjadi objek jaminan kredit bank yang bersangkutan. Apabila kemudian hari terjadi wanprestasi dari debiturnya, bank telah mempunyai alat bukti yang lengkap untuk melaksanakan tindakan hukum. Penelitian ini bertujuan untuk mendeskripsikan: a) Mengetahui penyelesaian cidera janji oleh BMT UGT Sidogiri cabang Mojo Kediri, b) Menganalisis penyelesaian cidera janji oleh BMT UGT Sidogiri cabang Mojo Kediri ditinjau dari hukum ekonomi syari’ah. Penelitian ini menggunakan pendekatan kualitatif dengan jenis penelitian kualitatif deskriptif. Penelitian dilakukan di BMT UGT Sidogiri cabang Mojo Kediri. Pengumpulan data melalui dokumentasi dan wawancara. Informan dalam penelitian ini adalah Kepala cabang, Karyawan AOAP, Karyawan AOSP, dan Kasir BMT UGT Sidogiri cabang Mojo Kediri. Analisis data berupa reduksi data, penyajian data, dan penarikan kesimpulan. Hasil penelitian ini menunjukkan bahwa penyelesaian cidera janji oleh BMT UGT Sidogiri cabang Mojo Kediri yang paling dominan adalah menggunakan strategi rekonstruksi akad, dengan strategi ini pihak BMT mengubah atau bahkan membuat perbaharuan akad perjanjian terhadap tanggungan utang nasabah yang mengalami kredit macet. Sedangkan penyelesaian cidera janji oleh BMT UGT Sidogiri cabang Mojo Kediri ditinjau dari hukum ekonomi syariah, dan menggunakan prinsip-prinsip hukum ekonomi syari’ah, adalah muamalah dilakukan atas dasar pertimbangan mendatangkan manfaat dan menghindari mudharat dalam bermasyarakat. Kata Kunci : Penyelesaian Cidera Janji, Pembiayaan Bermasalah, Restrukturisasi Akad ABSTRACT:Injuries or defaults related to not fulfilling or negligent carrying out obligations as determined in the agreement made between the creditor and the debtor, between the debts in accordance with the agreed agreement. To avoid the existence of a customer who is injured, BMT carries out several strategies such as the provision of credit guarantees so that it will provide protection for the security and legal certainty of the creditor, by executing objects that are the object of the bank's credit guarantee. If later a default occurs from the debtor, the bank has complete evidence to carry out legal actions. This study aims to describe: a) knowing the completion of the breach by BMT UGT Sidogiri, Mojo Kediri branch, b) analyzing the completion of the breach by BMT UGT Sidogiri, Mojo Kediri branch in terms of sharia economic law. This study uses a qualitative approach with descriptive qualitative research. The research was conducted at BMT UGT Sidogiri, Mojo Kediri branch. Data collection through documentation and interviews. The informants in this study were branch heads, AOAP employees, AOSP employees, and BMT UGT Sidogiri cashier at Kediri Mojo branch. Data analysis in the form of data reduction, data presentation, and conclusion. The results of this study indicate that the completion of the promise of injury by BMT UGT Sidogiri the most dominant Mojo Kediri branch is to use the contract reconstruction strategy, with this strategy the BMT changes or even updates the contract agreement on the debt burden of customers who experience bad credit. Whereas the settlement of the promise of injury by BMT UGT Sidogiri in the Mojo Kediri branch in terms of sharia economic law, and using the principles of Sharia economic law, is carried out on the basis of consideration to bring benefits and avoid harm in community life.
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Poiedynok, V. V., and I. V. Kovalenko. "RESPONSIBILITY OF DIRECTORS IN BANKRUPTCY PROCEDURES UNDER EU LAW AND INDIVIDUAL MEMBER STATES OF EU." Economics and Law, no. 1 (April 15, 2021): 48–60. http://dx.doi.org/10.15407/econlaw.2021.01.048.
Анотація:
The Bankruptcy Proceedings Code of Ukraine provides for the possibility of imposing liability under the obligations of the debtor – a legal person on the founders (stakeholders, shareholders) or other persons who have the right to give mandatory instructions to the debtor or have the opportunity to otherwise determine his actions. As a result, "comfortable" organizational forms of companies, such as LLCs and JSCs, have become risky for investors; managers, who may be employees, bear risk too. The article analyzes the legislation of the EU and some EU member states (Germany, France, Spain, the Netherlands, Latvia, Romania), concerning the liability of individuals in insolvency proceedings. We find that the rules on such liability are not harmonized at the EU level; as for individual countries, their laws do provide for the possibility of holding both de jure and de facto directors, whereas the latter may include the founders (stakeholders, shareholders) of the company, for the debts of the company. At the same time, the legislation of European countries describes in great detail the conditions and procedure for imposing such liability, which makes the risks for the individuals concerned predictable. Moreover, special rules on liability in insolvency proceedings are systematically linked to the provisions of company law, which establish the obligation of directors to act with due diligence in the interests of the company and liability for knowingly making business transactions with the knowledge that the company is insolvent (wrongful trading). In Ukraine, there are absolutely no specific legal provisions on the conditions and procedure for holding even de jure directors to liable in insolvency proceedings, not to mention the founders (stakeholders, shareholders) of companies, which creates a situation of legal uncertainty. To eliminate it, the legislation of Ukraine should define: the range of individuals on whom such liability may be imposed; a specific list of actions, the commission of which may give rise to liability; the need to prove the guilt of such individuals; forms of guilt sufficient to be held liable (only intent or also negligence); procedural rules for establishing guilt, including the issue of the burden of proof; who may lay claim to a director (insolvency administrator, creditor, court); statutes of limitations on the liability of directors, etc.
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Monastyrsky, Yuri E. "Comparative analysis of the legislative prerequisites for civil liability in Russia and China." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 45 (2022): 203–15. http://dx.doi.org/10.17223/22253513/45/14.
Анотація:
The paper compares the legislative regulation of property liability in the form of compensation for losses in the Russian Federation and in a state with the largest economy, rapid development rates, and a giant population neighboring the Siberian region of our country - China. The logic of historical evolution predetermined a detailed consideration of each other's experience in state building and the implementation of long-term development plans. In the legal field, both legal systems are based on the concept of codified law and are being improved through the adoption of normative acts. The institution of forfeit and recovery of damages for non-fulfillment of obligations, violation of subjective rights, permitted unilateral termination of an agreement in cases specially specified in the rules is contained in the civil codes of Russia and China and has significant conceptual differences. Its comparative analysis has not been carried out in detail for the last 20 years and is the novelty of this study. Its relevance can be determined by the development and complication of economic ties in the Siberian region, which is characterized by an extensive Chinese economic presence. Inevitable disputes and peculiarities of the applicable law, in this case both Russian and foreign, create applied interest in the comparative analysis of not only legislative material, but also judicial and arbitration practice. Knowledge of Chinese approaches is necessary not only in litigation in foreign courts, but also when a dispute is resolved on the basis of Chinese law in domestic jurisdictions or arbitration tribunals. The degree of elaboration of this topic. The timeliness of this study is confirmed by the fact that little attention has been paid in legal science to comparing the concepts of compensation for losses in Russia and China, despite their doctrinal significance, a close connection with the notions of liability, causality, guilt and negligence of creditors. The aim of the study is to develop a theoretical model of legal regulation of relations regarding compensation for damages corresponding to the modern conditions of the market economy of the Russian Federation, which could become a methodological basis for improving the norms and practice of their application, protecting the legitimate interests of participants in these legal relations. The subject of the analysis is the norms that directly regulate the procedure for compensation for losses in Russian and Chinese civil law, as well as materials of domestic and Chinese foreign doctrine on the legal nature of this institution. The research is based on private scientific (special legal, comparative legal, historical) and general scientific (problem-theoretic, teleological and systemic) methods. In the process of studying and understanding specific legal issues, general logical methods were used (abstraction, analysis, synthesis, analogy, generalization, and so on). The author declares no conflicts of interests.
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Grundmann, Stefan. "European Sales Law — Reform and Adoption of International Models in German Sales Law." European Review of Private Law 9, Issue 2/3 (June 1, 2001): 239–58. http://dx.doi.org/10.54648/359019.
Анотація:
The sales directive will lead to the most important law reform in German contract law since the entering into force of the German Civil Code in 1900. This is true, first, for sales law and the law of limitation. Here, the most important problems were due to the fact that defects in quality and defects in the right confered were treated differently, that there was a multitude of grossly diverging limitation periods (from six months to thirty years) and that phenomena like the delivery of slightly different goods (aliud) or of a slightly diverging quantity (minus) were again treated differently. With respect to these differentiations, the directive will lead to an important simplification of German sales law. One major topic not treated by the directive will change as well: So far, in most cases sellers (and only sellers) could not be sued for damages in case of pure negligence but only of fraud. This is anachronistic and will change. One striking feature of new German sales law is that it applies to all sales with only very few specific rules for consumer sales. This is however due to the fact that also the (consumer) sales directive and the Vienna Convention on international (commercial) sales are very similar in most points. Apart from sales law, it is still likely that the reform of German contract law will extend, second, to two more fields: The general law of breach of contract will probably be reformed, the preparatory work by the so-called Schuldrechtskommission extended over two decades. And probably the different acts on consumer law will be integrated into the Civil Code. This relates mainly to door step selling, distance selling, consumer credits and also unfair contract terms, although the latter are not a problem only of consumer contracts under German law. German academia was taken in surprise by the pace of reform both on Community level and by the German legislature. It started to collaborate in the legislative process only lately and large parts of it still rather see the disadvantages of new models than the chances of law reform. This casts some doubts over the parts of the reform which are not imposed by the directive.
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Pešudovs, Andris. "SIGNIFICANCE OF THE DECISION THE UNDISPUTED COMPULSORY ENFORCEMENT OF OBLIGA TIONS AND THE LEGAL CONSEQUENCES THEREOF." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 59. http://dx.doi.org/10.17770/acj.v4i77.2874.
Анотація:
UCEO decision procedural economy value expresses in possibility to enforce it as regular judgment. It is a dispositive principle given effect to use UCEO as an alternative to claim litigation in non-contentious debt recovery cases. For finding procedural simplification tools and judgment acceleration possibilities, it is necessary to value “litigation formalities” given advantages. The potential for procedural economy possibilities mainly gives the necessity only for optimal content of legal facts to ensure administration of justice. One of those optimal legal fact constructions, which give high dynamics of litigation, is court order. In this way V.V. Jarkovs has described UCEO similar proceeding in Russia procedural law. UCEO constricts necessary fact content and creates that minimum of precondition for judgment within simplifying procedural order. Preconditions for reaching UCEO procedural economy aim requires accelerated judgment (S.400 p.1, c.1, 405 p.1, c.3 of the CPL) and judgment on enforcing set amount of money (S. 195 of the CPL) equal legal consequences in law application process. The comprehensive UCEO judgment without enforcing limitations gives base for creditor neutral dispositive choice to select claim litigation or its simplified alternative. Such choice and debtor’s rights’ defence possibility (S. 406 of CPL) brings equal dispositive principle realization values. If the UCEO decision enforcement is limited to choose CPL provided enforcement modes, the mentioned principle balance will be lost and deficient procedural economy as its result will acquire. Concept of claim permanently is related to right protection in fair trial. Rights to bring a claim together realize a person’s constitutional rights for court protection. Litigation initiate rights are not identified as person’s broken subjective rights, but a possibility to get a right to protection in procedural law determined order. This legal science conclusion is consistently valid and reflects claim meaning provided by Section 1 of the CPL. Though in legal relations when a person’s rights have been broken, there exists a possibility for a situation without dispute. A debtor does not perform obligation and does not deny it. Debt acknowledgement itself does not guaranty enforcement, and executive document is required. If contract form is appropriate, these are the cases for UCEO to realize its procedural economy capability. The development of “alternative dispute resolution” demonstrates an official view that civil litigation may actually be unnecessary where nothing but the settlement of the parties’ dispute is in question. Section 400 Paragraph One Clause 1 limitation fully intercepts UCEO aim realization and the functioning of procedural economy mechanism. Judicial practice determines necessity for the additional claim litigation to collect pledge not covered debt, do not relieve but gives extra load to court system. Each UCEO application contains possibility for additional claim litigation. Situation shows courts dictated investigation and distrust to debtor’s dispositive choice not to appeal accelerated judgment. This demonstrates dispositive principle prohibition to arise civil case based on court’s initiative negligence. Dispositive principle disturbance has made a negative influence. Additional process takes place between the same parties, on the same legal facts. This litigation that way does not follow appropriate CPL prohibitions. Moreover, additional proceeding does not help clarify the truth because this process deals with facts already clarified in UCEO judgment and in auction verify decision. Therefore, such litigation is useless. Only civil procedural possibility for fact examination within adversary principle is Section 406 of the CPL provided appeal rights’ realization. Negative consequences are caused by derogation from the principle of disposition when the debtor’s choice to waive the rights to contest the UCEO judgment is not respected as the result of legitimate restricting the adversary principle. The result of the ‘pledge obligation’ is required by the applier of the law recurrent debt recovery between the same parties, the same object and on the same grounds, which constitutes opposite to the procedural economy effect.
50
., Herwastoeti. "Resistance Against Cancellation of Auction Execution on Mortgage Rights Guarantee." KnE Social Sciences, January 5, 2024. http://dx.doi.org/10.18502/kss.v8i21.14811.
Анотація:
This research aims to determine the resistance to cancellation of auction for the collateral object of the mortgage right and the creditor’s responsibility toward the auction winner, when, the object of the mortgage right has a lawsuit against the creditor from another party. The research method used in this research is a normative juridical research method. The research results show that the auction cannot be canceled if it complies with existing regulations and procedures as regulated in PMK.No.213/PMK.06/2020 concerning instructions for carrying out auctions. Creditors can be held responsible if an auction is canceled after the auction has been executed as regulated in Minister of Finance Regulation, PMK No. 213/PMK.06/2020 concerning instructions for implementing auctions. Creditors must ensure the validity of the mortgage object being auctioned. So, if the creditor is negligent in this matter, it is the responsibility of the creditor (auction seller) to provide compensation for third-party losses.
Keywords: cancellation, auction execution, guarantee, mortgage