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All Journal International Journal of Law Reconstruction Law Development Journal
Nur Lian
Universitas Jayabaya, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Other

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Legal Analysis of Debt Conversion into Mandatory Convertible Bonds in Credit Restructuring Farica Yasmin Anjani; Salmon Ginting; Nur Lian
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1344-1359

Abstract

This study aims to analyzes the Supreme Court's legal considerations in Decision Number 2555 K/Pdt/2025 regarding the conversion of PT Bank DKI's debt into Mandatory Convertible Bonds (MCB) by PT Waskita Beton Precast, Tbk. as a credit restructuring instrument. The main problem of this study is how the Supreme Court considerations on debt conversion validity and MCB limits for banks under prudential banking principles. This study uses a normative juridical method with a statutory regulatory approach, a conceptual approach, and a case approach to the series of decisions related to the PKPU (Subsidiary Suspension of Payment) process, homologation, and Decision Number 2555 K/Pdt/2025. The results show that the Supreme Court considers the debt conversion into Mandatory Convertible Bonds to be a legitimate form of credit restructuring based on three main considerations: the binding force of the homologated peace agreement, compliance with credit restructuring regulations, and the failure to fulfill the elements of an unlawful act. However, the ruling leaves unresolved the distinction between corporate legality and banks’ prudential compliance. This study concludes that the legality of converting debt into Mandatory Convertible Bonds must comply with bankruptcy law, corporate law, banking prudential principles, and information disclosure to provide comprehensive legal certainty.
The Legal Framework of Police Discretion in Juvenile Diversion: A Restorative Justice Approach for Children in Conflict with Law Cahyo Cahyo; Sheha Sheha; Nur Lian
International Journal of Law Reconstruction Vol 10, No 1 (2026): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v10i1.55809

Abstract

This study aims to analyze the application of diversion for children in conflict with the law during the investigation stage, examine police discretion in cases involving offenses punishable by more than seven years of imprisonment, and formulate a diversion model oriented toward restorative justice. This study employs a normative-juridical method with a descriptive-analytical approach, using statutory, conceptual, case, and comparative approaches. The primary legal sources are Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 16 of 2011 concerning Legal Aid. Data were collected through literature review and interviews with police officers and analyzed qualitatively through legal interpretation and normative analysis. The results show that the implementation of diversion at the investigation stage generally complies with applicable regulations but remains suboptimal due to institutional constraints, limited inter-agency coordination, inadequate supporting facilities, and inconsistencies in the application of restorative justice. The study finds that restricting diversion to offenses punishable by less than seven years of imprisonment may limit the implementation of the best interests of the child. Police discretion can facilitate diversion for more serious offenses, provided that strict criteria, accountability, transparency, and restorative justice principles are upheld.
Co-Authors Cahyo Cahyo Farica Yasmin Anjani Salmon Ginting Sheha Sheha