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Mhd Syukran Yamin Lubis
Universitas Muhammadiyah Sumatera Utara

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LEGAL REVIEW OF CANCELLATION OF AGREEMENT BORROW FOR LAND ORDERLY Muhammad Fadly; Mhd Syukran Yamin Lubis
Inspiring Law Journal Vol 3, No 2 (2025): Juli-Desember
Publisher : Inspiring Law Journal

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This research is motivated by the position of the Curator who has the authority in the management and settlement of bankrupt assets, thus demanding independence as a fundamental principle to guarantee justice and protection of the interests of creditors and debtors. Article 15 paragraph (3) of Law Number 37 of 2004 concerning Bankruptcy and PKPU requires the Curator to be independent, honest, and impartial, but does not provide a clear definition or indicator regarding the phrase "independent". The ambiguity of this norm gives rise to different interpretations in practice and has implications for legal uncertainty and the potential for criminal liability of the Curator. Based on this, this research formulates problems regarding the regulation of the phrase "independent", the form of criminal liability of the Curator, and its implications for legal certainty. This research uses a normative legal research method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials, which are analyzed qualitatively to obtain a systematic and comprehensive legal understanding.and relevant to the research problem. The results of this study indicate that, first, the regulation of the phrase "independent" in Article 15 paragraph (3) of Law Number 37 of 2004 is a vague norm (vague norm) because it does not have a normative definition or objective indicators, so that its interpretation in practice becomes very objective. Second, the form of criminal liability of curators who are proven not to be independent is subject to general criminal law in Law Number 1 of 2023, which includes the offenses of embezzlement (Article 486), fraud (Article 492), and document falsification (Article 491), as long as the elements of actus reus and mens rea are proven. Third, the ambiguity of the phrase gives rise to legal implications in the form of significant legal uncertainty,For bankrupt debtors, this has the effect of hindering the process of settling bankrupt assets and delaying certainty about the legal status of assets, which prolongs the debtor's legal and economic burden. Furthermore, this situation raises the risk of excessive criminalization for curators and makes it difficult for commercial judges to provide objective assessments, ultimately undermining the credibility of the commercial justice system in Indonesia
UNAUTHORIZED CONTROL OF LAND AND BUILDINGS BY STATE SENIOR HIGH SCHOOL 5 PEMATANG SIANTAR BASED ON CIVIL LAW PERSPECTIVE Nurva Alifia Sinaga; Mhd Syukran Yamin Lubis
Inspiring Law Journal Vol 4, No 1 (2026): Januari-Juni
Publisher : Inspiring Law Journal

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Unlawful possession of land and buildings is a civil law issue that frequently gives rise to disputes, including when carried out by state institutions. This phenomenon indicates a potential conflict between public interests and the protection of individual civil rights. This study examines the unlawful possession of land and buildings used by Pematang Siantar State Senior High School 5. This study focuses on the legal regulation of land and building possession under civil law and the legal status of unlawful possession from the perspective of unlawful acts.The results of the study indicate that the control of land and buildings by SMA Negeri 5 Pematang Siantar continues even though there has never been a legal transfer of ownership rights from the owner to the government. This control is only based on a temporary loan agreement and does not transfer ownership rights to the land and buildings in question. This condition causes land control to be carried out without a strong legal basis, especially when the owner or heirs have expressed objections and requested a clear legal settlement. From a civil law perspective, this action fulfills the elements of an unlawful act as regulated in Article 1365 of the Civil Code because it causes harm to the legitimate rights owner. The court decision emphasized that the public interest in the field of education cannot be used as a justification for ignoring the property rights of others. Therefore, this study emphasizes the importance of legal certainty, protection of property rights, and government responsibility in managing educational assets to prevent civil harm to the community.