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Application For Bankruptcy By Creditors Perspective Of Law Number 37 Of 2004 Concerning Bankruptcy And Suspension Of Debt Payment Obligations(Study of Decision Number 3/Pdt.Sus-Pailit/2021/PN Niaga Jkt. Pst) Muhammad Nurohim; Yusuf Hanafi; Asmaiyani Asmaiyani
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Settlement of debtors' debts to creditors through the bankruptcy process must meet the elements and requirements in filing an application for bankruptcy. In this case, the law requires that there must be two or more creditors and the non- payment of debts due to at least one creditor. The mechanism for the settlement of debtor assets in the event of bankruptcy is carried out by the Curator through several stages, namely: bankruptcy, verification meeting, making a list of debts and receivables of Bankruptcy, reconciliation and the stage of settlement of bankrupt assets. The basis for the judge's consideration in imposing a bankruptcy decision is in Decision Number 3/Pdt.Sus-Pailit/2021/PN Niaga Jkt. Pst, namely considering whether or not the conditions in the bankruptcy petition are fulfilled by the bankruptcy applicants. Apart from taking into account the circumstances in which the Bankrupt Respondent was proven to have completely failed to pay its due debt to at least one creditor.
Application of Legal Considerations for Judges with Visum Et Repertum Evidence in the Criminal Act of Preplanned Murder Analysis of Decision Number 1100/Pid.B/2024/Pn Mdn Eman Triboi Waruwu; Yusuf Hanafi Pasaribu; Winta Hayati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Visum Et Repertum is a written report from a doctor (expert) made under oath, regarding what was seen and found on living evidence, corpses or physical or other evidence then carried out an examination based on the best knowledge. This study aims to analyze the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia, and the application of legal considerations for judges with visum et repertum evidence in premeditated murder crimes. The research method used is normative juridical with a case and legislation approach and uses various secondary data such as regulations, legislation, court decisions, legal theory doctrines and can also be in the form of opinions of scholars and analyzed qualitatively. The results of the stu dy conclude that the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia is not explicitly regulated in the Criminal Procedure Code. However, in Staatsblad 1937 Number 350 in article 1 it is stated that visum et repertum is a written statement made by a doctor under oath or promise about what is seen on the object being examined which has the power of evidence in criminal cases referring to article 184 paragraph (1) point c of the Criminal Procedure Code regarding written evidence. The application of legal considerations for judges with visum et repertum evidence in the crime of premeditated murder in decision Number 1100 / Pid.B / 2024 / PN Mdn, has applied legal considerations with visum et repertum evidence that has been issued by the Department of Forensic Medicine and Medicolegal Sciences, Bhayangkara Hospital TK II Medan Number: 19 / III / 2024 / RS. Bhayangkara dated March 24, 2024. The conclusion of the study confirms that judges in their decisions prioritize facts in court that are in accordance with the values of justice, certainty, and legal benefits.
Normative Analysis of Prevention of Re-Traumatization of Child Victims in Criminal Justice Proceedings on Standards of Examination and Protection of Children's Rights Yusuf Hanafi Pasaribu
Greenation International Journal of Law and Social Sciences Vol. 4 No. 2 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (May - Jun
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v4i2.805

Abstract

This study examines the Prevention of re-traumatization (re-trauma) in child victims in the criminal justice process. Re-Trauma arises when the child is forced to repeat events, face pressing or entangling questions, meet the perpetrator, or his identity is exposed. The research uses normative legal methods with legislation, conceptual, and case approaches. Primary legal materials include the SPPA law, the child protection law, the Criminal Procedure Code, The Witness and Victim Protection Law, and the TPKS law, with illustrations of the verdict the results of the study show that Indonesian law already contains minimum standards: confidentiality of identity, assistance, Prohibition of entangling questions, as well as the option of electronic recording and audiovisual examination to reduce repeated examinations. The main obstacle is the lack of uniform technical guidelines and coordination between officials, so that protection can vary between cases. Research confirms the Prevention of re-trauma is not an issue of psychology alone, but rather a standard procedure that can be measured clearly.