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All Journal Jurnal Media Hukum Jurnal Ilmiah Hukum LEGALITY Jurnal Manajemen Indonesia AKSIOLOGIYA : Jurnal Pengabdian Kepada Masyarakat Syntax Literate: Jurnal Ilmiah Indonesia Media Mahardhika Unes Law Review JISIP: Jurnal Ilmu Sosial dan Pendidikan Jurnal Hukum Adigama Journal of Technopreneurship on Economics and Business Review (JTEBR) Jurnal Manajemen dan Inovasi (MANOVA) International Journal of Business, Law, and Education Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) The Es Economics and Entrepreneurship
Ariawan, Ariawan
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Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences Other

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Journal : Jurnal Media Hukum

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Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic Johan, Suwinto; Ariawan, Ariawan
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10566

Abstract

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.
Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic Suwinto Johan; Ariawan Ariawan
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10566

Abstract

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.
Co-Authors Andreas, Darren Aufa Mubarok Boy, Three Bunsal, Srisiana Daniel Daniel Dudu, Vebriyanti Efendi Efendi Effendy, Khasan Eka Zahra Solikahan Federico Octaviano B. Frengki Eka Putra Surusa Harry Harry Helmi, Teofilus Titus Hery Winoto TJ Indah S. A, Indah S. A Jupri Jupri Laminullah, Mohamad Fadel Leonard Arminta Matheus, Juan Muhammad Anas Muhammad Syafri Prihadiansyah, Alit Nurfatah Rahmisyari, Rahmisyari Rinanti, Ade Samalua Waoma Sjahruddin, Herman Sudarmanto, Eko Sukmana, Pandji Suwinto Johan Triyuni Soemartono Vengga Vengga Yuwanda, Tonny