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All Journal Jurnal Media Hukum Integritas: Jurnal Antikorupsi
Sidabutar, Lambok Marisi Jakobus
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Law, Crime, Criminology & Criminal Justice

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Hukum Kepailitan dalam Eksekusi Harta Benda Korporasi sebagai Pembayaran Uang Pengganti Sidabutar, Lambok Marisi Jakobus
Integritas : Jurnal Antikorupsi Vol. 5 No. 2 (2019): INTEGRITAS Volume 05 Nomor 2 Tahun 2019
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (735.421 KB) | DOI: 10.32697/integritas.v5i2.474

Abstract

There are issues faced by the Prosecutor’s Offices in executing corporate assets as compensation payment at the time the assets are used as collateral for debt to creditors. In this condition, the execution of corporate assets as payment of replacement money through criminal channels cannot play an optimal role. This article focuses on knowing the obstacles faced by the Prosecutor's Office in executing money instead of corruption cases. Also, to find out the use of bankruptcy law as a legal instrument in executing corporate assets as a form of payment for replacement money. The use of bankruptcy law as the instrument in executing corporate assets has fulfilled the requirements for bankruptcy as regulated in Article 2 Paragraph (1) Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The Prosecutor’s Office must be able to prevent arrears in payment of compensation by recording and confiscating the corporate assets that must be carried out since the investigation.
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice Ikhwansyah, Isis; Sidabutar, Lambok Marisi Jakobus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190137

Abstract

Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice Ikhwansyah, Isis; Sidabutar, Lambok Marisi Jakobus
Jurnal Media Hukum Vol 26, No 2, December 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190137

Abstract

Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and  analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test  on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
Co-Authors Isis Ikhwansyah