Anugrah Bhakti, Rizki Tri
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LEGAL PROTECTION OF BANKRUPT CREDITORS AGAINST TRANSFER OF MANAGEMENT RIGHTS OVER LAND OWNED BY BANKRUPT DEBTORS DUE TO DELAY IN EXTENSION OF BATAM AUTHORITY'S ANNUAL MANDATORY MONEY Sitindaon, Anggra Satria; Hadiyanto, Alwan; Anugrah Bhakti, Rizki Tri
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1634

Abstract

When the soil entered estate bankruptcy, it experienced delays in paying the Batam Authority's Annual Mandatory Fee. The Batam Authority's Annual Mandatory Payment is one of the strongest pieces of evidence indicating that the company has legal ownership over the land. However, the possibility of the land being taken over by the Batam Business Agency is because the Batam Business Agency has the right to do so. However, the conflict of regulations that occurred also resulted in a legal vacuum, leaving a gap in resolving the problem. In this study, several issues are studied, including: How are the regulations regarding assets owned by bankrupt debtors, the rules regarding the transfer of land management rights by the Batam Business Agency, how the legal protection of bankrupt creditors regarding the transfer of land management rights owned by bankrupt debtors due to delays in extending the Batam Authority's annual mandatory money. The form of this research is normative legal research, utilizing secondary data as its primary source of information. The data analysis used is qualitative descriptive analysis. The assets owned by debtors who are declared bankrupt include those that already existed at the time of the bankruptcy decision, as well as those acquired during the bankruptcy process, referred to as estate bankruptcy. The supervisory judge and curator manage the estate in bankruptcy, with the results then distributed according to the previously determined repayment priorities. The transfer of land management rights can be carried out by BP Batam if several conditions are met, namely that the Batam Authority Annual Compulsory Money has not been paid or extended, there is a mismatch in land use, or the land has been given in not cultivated within a specific period. The transfer of management rights can be carried out because BP Batam is the holder of the management rights to the land in Batam. In facing the challenges faced by bankrupt creditors, legal protection is an essential aspect. One way to protect creditors is to strengthen the monitoring mechanism for the transfer of land management rights. Additionally, legal education for creditors needs to be improved so that they understand their rights within the bankruptcy process. Many creditors are not aware that they have the right to file objections to the transfer of management rights carried out by BP Batam. By improving legal understanding, creditors can be more proactive in protecting their rights.
Evaluating the Effectiveness of Traffic Sign Violation Law Enforcement in Indonesia: A Normative Analysis Tarmizi Rambe, Zulpan; Hutasoit, Ispandir; Anugrah Bhakti, Rizki Tri; Afni Maileni, Dwi
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16120

Abstract

Traffic sign violations remain a critical and unresolved public safety challenge in Indonesia, contributing to tens of thousands of fatalities annually and generating economic losses exceeding hundreds of trillions of rupiah. Despite the existence of a comprehensive regulatory framework anchored in Law Number 22 of 2009 on Road Traffic and Transportation and operationalized through the Electronic Traffic Law Enforcement (ETLE) system, enforcement outcomes remain structurally inadequate and behaviorally ineffective. This research employs a normative juridical method utilizing a statute approach and a conceptual approach to conduct a comprehensive evaluation of the law enforcement framework governing traffic sign violations in Indonesia. Applying Soerjono Soekanto's tripartite model of legal effectiveness encompassing legal structure, legal substance, and legal culture the analysis identifies systemic misalignments across all three dimensions: infrastructural undercoverage and inter-agency fragmentation at the structural level; disproportionately low sanctions and evidentiary inadequacy at the substantive level; and rational non-compliance rooted in low enforcement certainty at the cultural level. This research introduces the concept of the integrated enforcement matrix as its primary normative contribution, proposing simultaneous and coordinated reforms across institutional infrastructure, sanction architecture, and legal culture development as the only credible pathway toward closing Indonesia's persistent traffic enforcement gap.