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All Journal Jurnal Cita Hukum Jurnal Akta Jurnal Notariil Jurnal Hukum Prasada Rechtsregel : Jurnal Ilmu Hukum Otentik's : Jurnal Hukum Kenotariatan Selisik : Jurnal Hukum dan Bisnis JURNAL ILMIAH ADVOKASI Mulawarman Law Review Fox Justi : Jurnal Ilmu Hukum International Journal of Humanities Education and Social Sciences Journal Evidence Of Law Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities PENA LAW: International Journal of Law Protection: Journal Of Land And Environmental Law Journal of Political And Legal Sovereignty Tasyri' Pancasila Law Review
Agung Iriantoro
Faculty Of Law, Pancasila University, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal Evidence Of Law

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Homologation Decision Against Creditors Who Did Participate in The Peace Agreement (Case Study: Decision Number 993 K/Pdt.Sus Bankruptcy/2019) Deswanta, Andi; Iriantoro, Agung; Ariyamang, Watcharee
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1617

Abstract

Homologation decisions in the Debt Payment Obligation Postponement (PKPU) system have universal binding force which creates legal complexity, especially regarding the protection of creditors who do not participate in the peace agreement. This research analyzes the legal force of homologation decisions and protection mechanisms for non-participating creditors based on the Indonesian bankruptcy system through a case study of Supreme Court Decision Number 993 K/Pdt.Sus-Bankruptcy/2019. The research method used is normative legal research with statutory and conceptual approaches. The results showed that the homologation decision has a fundamental position as an instrument of judicial ratification that transforms the peace agreement into a court decision with an executorial title and universal binding force. Its legal legitimacy is obtained through the fulfillment of quorum and majority requirements in Article 281 of the PKPU Law which applies a dual majority requirement system. However, legal protection for non-participating creditors faces significant limitations as the principle of universal binding force creates complex legal implications, ranging from loss of contractual autonomy to changes in the legal status of receivables. Although there is a cassation remedy mechanism available, in judicial practice such protection is limited to procedural aspects with a high threshold for success, so that the Indonesian PKPU system prioritizes the efficiency of collective settlements over the substantive protection of minority creditors
The Authority of The Supervisory Board and Legal Protection for Parties Regarding The Loss of The Minutes Of a Deed as Evidence Iriantoro, Agung
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1627

Abstract

Notary is a prestigious, noble profession (nobile officium), with high values of nobility and dignity. Thus, in carrying out his duties and position a Notary must be guided normatively by applicable legal regulations and have a responsible attitude towards the authentic deeds he makes. Therefore, the urgency of this research is to analyse the authority of the Supervisory board in providing guidance to Notaries who are negligent in storying their Minutes of deeds and the protection as well as legal certainty of the parties in the event of the loss of Minutes of Deeds, which are evidence for the parties. This research is a normative legal research conducted by examining library materials or secondary data, which commonly referred to library study research. This study concludes that the Minister of law and Human Rights formed the Supervisory board with the aim of supervising and providing guidance to Notaries in carrying out their professional positions as public officials. Supervisory board consists of Regional Notary Supervisory Board, Territory Notary Supervisory Board and Central Notary Supervisory Board. This is made in accordance with its work area, Regional Supervisory Board as the main spearhead has the authority in terms of guidance and examination, one of which is regarding the Minutes of Deeds, which are part of the Notary Protocol. The Regional Supervisiory Board can impose sanctions as a form of guidance on Notaries who commit violations, one of which is negligence in storinfg minutes of deeds. Notary is responsible for the loss of the Minutes of th Deed by making a report to the Indonesian Police as a form of fulfilling the rights and legal certainty regarding the copy of the deed kept by the parties. 
Co-Authors Adnan Hamid Agus Surono Ariyamang, Watcharee Azhar, Mochammad Farras Benjamin, Irfan Chandra, Heru Damayanti, Savira Darodjat, Tubagus Achmad Deswanta, Andi Gugum Gumilar Hardiansyah, Banu Sopian HENDRA GUNAWAN B11211055 Hendriadi, Martin Triadmaja I Wayan Kartika Jaya Utama Irwansyah Irwansyah Komandoko, Kukuh Machdi, Machdi Musimin, Suyono Rahmat Rahmat Rd Mila Gartina GN SHAFIRA, Chica Nur Sujatmiko Sujatmiko Teepapal, Tanawat Triwulandari, Endah White, Alan Robert YUNIDA, Arlia