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Journal : Awang Long Law Review

JURIDICAL REVIEW OF BANKRUPTCY CONDITIONS AND DELAY OF DEBT REPAYMENT OBLIGATIONS Hidayat, Anwar; Abas, Muhamad; Purwana, Dalih
Awang Long Law Review Vol. 6 No. 1 (2023): 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.v6i1.992

Abstract

Bankruptcy results in a general confiscation of all assets of the bankrupt debtor (budel bankrulit). An important phase in the bankruptcy process is the insolvency stage. Based on the explanation of Article 57 paragraph 1 of the Bankruptcy Law and PKPU, what is meant by insolvency is the state of inability to pay, this is in line with the Central Jakarta Commercial Court Decision Number: 44 / PDT. SUS. PAILIT/20 20/PN. TRADE. JKT. PST. That PT. Pazia Retailindo was declared bankrupt. Application for bankruptcy filed by PT. Dana Kaya through its Directors, namely Sri Dewi Endang Mumpuni and Ambar Bawono on October 20, 2020, was represented by the appointed legal representative, namely PARLIN SIHOMBING, S.E., S.IP., S.H. Advocate at the Law Firm BELASSANDRO TORUAN &; PARTNERS. The problem raised in this study is the condition of Insolvency of PT. Pazia Retailindo before the bankruptcy decision , and what underlies the judge's consideration in the bankruptcy decision Number: 44 / Pdt.Sus.Pailit / 20 20 / Pn.Niaga.Jkt.Pst which refers to Law Number 37 of 2004. This research uses a Normative Juridical approach. The result of this study is that the legal considerations used by the panel of judges in deciding the bankruptcy case of PT. Pazia Retailindo complies with Law Number 37 of 2004 concerning Bankruptcy and PKPU, namely the fulfillment of all elements contained in Article 2 Paragraph 1 and Article 8 Paragraph 4 of the Bankruptcy Law and PKPU.
LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS Susanti, Depi; Abas, Muhamad; Sadjat, Rizki
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1188

Abstract

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.
THE EFFECTS OF MIXED MARRIAGE LAWS ON THE DIVISION OF PROPERTY UNDER THE MARRIAGE LAW AND INTERNATIONAL CIVIL PRINCIPLES Sidabutar, Octaviana; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1189

Abstract

Blended marriage alludes to a marriage connection between people of various identities. This outcomes in legitimate ramifications in regards to the division of joint resources. This exploration expects to investigate comprehension of blended relationships as per Regulation Number 1 of 1974 concerning Marriage and according to the viewpoint of global confidential regulation, as well as the lawful results of partitioning joint resources in blended relationships. By utilizing optional legitimate sources, this exploration utilizes a Standardizing Juridical examination technique, in particular by checking out at speculations, legal guidelines and case regulation. As per Marriage Regulation Number 1 of 1974, blended relationships happen on the off chance that one accomplice is an Indonesian resident and the other isn't. This happens when two individuals whose regulations are not quite the same as Indonesian regulation wed in Indonesia. With regards to the authorization of the Marriage Regulation, there are two sorts of conjugal resources, in particular acquired resources (individual resources) and joint resources. All in all, blended relationships are managed in Regulation Number 1974 concerning Marriage and in Global Confidential Regulation applying the standard of lex loci festivities, which expresses that the law that applies to the marriage is the law where the marriage happens, and the division of joint property is directed as per law of each party.
LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG Asnanda, Anggraeni; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1191

Abstract

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.
JURIDICAL REVIEW OF THE JUDGE'S CONSIDERATION OF NOT ACCEPTING THE BANKRUPTCY APPLICATION AGAINST Sopian, Singgih; Abas, Muhamad; Lubis, Adyan
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1195

Abstract

Based on the problem of bankruptcy and the postponement of debt payment obligations where PT. Fuji Smbe Indonesia filed a Bankruptcy Application against PT. Amanda Gumulung Sejahtera is due to her inability to pay her debts that have matured or the Suspension of Debt Payment Obligations (PKPU), in this case what is the legal basis for the judge's consideration of not accepting the bankruptcy application against Pt. Amanda Gumulung Sejahtera and the legal consequences for the debtor for the delay in debt payment obligations. The purpose of writing is to find out the legal basis for the judge's consideration of not accepting the bankruptcy application and the legal consequences for the debtor for the delay in debt payment obligations. This research uses a normative legal approach method or library legal research which is carried out by researching literature materials. Data sources consist of secondary data including primary, secondary and tertiary legal materials. The conclusion is that PT. Amanda Gumulung Sejahtera has met the bankruptcy requirements, namely having more than one creditor and the existence of duet and collectible debts that have been regulated in Law Number 37 of 2004 concerning the Postponement of Debt Payment Obligations.
LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS Dewi Putri Wibowo, Sabrina; Amalia, Lia; Abas, Muhamad
Awang Long Law Review Vol. 6 No. 2 (2024): 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.v6i2.1197

Abstract

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.
LEGAL REVIEW OF VILLAGE CASH LAND RENTAL AGREEMENTS Akup, Apriliyanto Juwan Sukmana; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 7 No. 1 (2024): 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.v7i1.1469

Abstract

The implementation of leasing village treasury land is a common practice in Indonesia. However, in practice there are legal problems that often arise related to the protection of the rights of the parties involved in it. The implementation of this lease activity is related to the construction of the Subang Smartpolitan Industrial Estate by a private company that has obtained an Industrial Estate Business License (IUKI) in Subang Regency. One of the villages affected by the development of industrial estates has assets in the form of village treasury land that will be changed in function through the ruilslag or exchange process. To regulate the use of land during the ruilslag administrative process, it is considered necessary to first carry out a lease agreement. This legal event highlights the importance of regulating land use changes in a transparent manner and in accordance with applicable regulations. This research uses the Normative Juridical approach method, which is a form of scientific activity, which is based on certain methods, systematics, and thoughts, aiming to study one or several specific legal phenomena. The implementation of the lease agreement for village treasury land is linked to the Regulation of the Minister of Home Affairs Number 3 of 2024 concerning Amendments to the Regulation of the Minister of Home Affairs Number 1 of 2016 concerning Village Asset Management. Several legal aspects that need to be considered in a lease agreement such as Legal Basis, Village Authority, Lease Agreement, Transparency and Openness, Coordination, Protection of Village Rights, Alignment with Development, Supervision and Accountability, Legal Education, Public Supervision. Legal consequences for the parties involved, namely Binding Agreement, Rights and Obligations of the Parties, Duration of Rent, Rent Payment, Land Use, Maintenance and Repair, Transfer of Lease Rights, Sanctions and Fines, Dispute Resolution and Restoration of Village Rights.
Co-Authors Abd. Rasyid Syamsuri Abdul Kholik Abdul Majid, Luky Ade Ahmad Fauzan Adinda Silvia Febrianty Adyan Lubis Adyan Lubis Adyan Lubis Agusra Ahlan Sihabillah Ahmad Bagas Dwi Darsono Ahmad Sopian Sauri Ahmad Sopian Sauri ahmad yunianto Aidina, Fitria Akbar, Muhammad Gary Gagarin Akup, Apriliyanto Juwan Sukmana Al Naupal, Raden Hisyam Ali Abdulah Alvian Ramdhani Amarulazhar, Amar Amri, Qoonitah Andini Putri Andri Susanto Anwar Hidayat Anwar Hidayat Anwar Hidayat Anwar Hidayat Arafat, Zarisnov Ardiansyah, Ata Ariani, Taufiqoh Bina Arif Wicaksono Arihi, La Ode Safiun Arisa Wongchai Arma Sentia Putri, Renalda Asnanda, Anggraeni Astri Safitri Nurdin Aulia, Salvia Nur Budi Santoso, Imam Cindya Putri Paembonan Dahrul Manalu Danang Irwanto Darsono, Ahmad Bagas Dwi Delvira Ayu Deny Guntara deny guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Destia Ayuning Thias Deswita, Wa Ode Awalia Desyifa Nurhidayah Devi Arviani Arinta Dewi Putri Wibowo, Sabrina Dewi, Yogita Dhiafajaazka, Siti Dian Widyaningrum, Dian Didiek Kurnia Dwi Permata, Sagita Dwiana Prilly Larasati Embang Herlambang Erathon , Pascal Azka Erathon Farhan Asyahadi Farhan Asyahadi Farhan Asyhadi Farhan, Zatmika Nur Fatonah Fatonah Fauzan, Rafli Akmal Fauzi, Muhammad Iqbal Fazri Editiya Mahardika Fiqrie, Okky Faitzal Firman Aji Pamungkas Gagarin Akbar, M. Gary Gagarin Akbar, Muhamad Gary Gagarin Akbar, Muhammad Gary Gary Gagarin Akbar Gary Gagarin Akbar, Muhamad Gunawan, Edwin Guntara, Denny - Guntara, Deny Haetami, Vikri Hanna Zahra Maharani Hilman Hariri, Mochammad Sofyan Hendri Gunawan Hidayat, Anwar Himim, Aldora Ananda Putra I Ketut Suardika Indah Nurhayati Indah Rahmalia Indra Sibagariang Insan Supriyatin Intan Alpidoh Irawan, Surya Irma Garwan Irma Yuningsih Ismail Ismail, Naufal Ismayanti, Eli Iswandi, Erik Izdihar, Naufal Jannus Manurung Jihan Alfadia Kasnianti Khoirul Ummam Leonardo Norandi Sitorus Leonardo Sitorus Lestari, Nopita Lia - Listiana Lia Amalia LIA AMALIA Lia Amaliya Lia Amaliya Lia Amaliya Lia Amaliya Lidya Nuraeni Lidya Nuraeni Lilis Setiani Listiono listiono Listiyono Lubis, Adyan Lubis, Desi Lestari Luwih Damar Luluk Sugiyarto M. Gary Gagarin Akbar Maharani, Raden Bella Bintang Mahmudi, Afrizal Mardias, Deni Maryam, Zulfa Nurul Mega Agrianty, Firly Mela Mustika Merliana Dewi Michael Putra Panjaitan Minetha, Adelli Ritza Mochammad Adi Alamsyach Fadillah Moh. Shofi Anan Mohamad ArdinSuwandi Monica Dian Ekasari Muhamad Jiia Fauzi Muhammad Fakhrurrozi Muhammad Gary Gagarin Akbar Muhammad Gary Gagarin Akbar Muhammad Ryo Agustian Nanik Narya Suryadi Narya Suryadi Narya Suryadi Narya Narya, Narya Suryadi Naufal, Raden Hisyam Al Nawawi, Ahmad - Nopianti, Wike Nova Desi Ratnasari Nuraeni, Rini Nurahmad, Silvi Nurbaliza, Violita Nurdin Nurdin Nurfadilah, Intan Elga Padilah, Muhamad Patul Mudin, Arip Pebriyani, Pebriyani Pratama, Raka Indra Pratiwi, Dwi Nuraeni Primawan Yunior Sanu Purwana, Dalih Putra, Affian Fandi Putri, Dinni Rizky Amalia R Hisyam Al Naupal Raden Lita Nur Elita Rafly, Muhammad Rahmatiar , Yuniar Rahmatiar, Yuniar Ramdhani, Alvian Ranisya Hadi, Vira Rende, Alimulya Rifky Alfarez, Dewa Robby Setiawan Rosdiana Dewi, Elvira Rr. Winarti Pudji Lestari Rr. Winarti Pudji Lestari S.A, Rd.N.Sayyidatussa'adah Sadjat, Rizki Safitri Mudriyani, Ajeng Sakum, Sakum Sanih, Sanih Sanjaya, Suyono Santoso, Imam Budi Saprudin Sarnely Uge Sartika Dewi Sartika Dewi Sartika Dewi Septian, Fazrian Sidabutar, Octaviana Siska Mariza Sopian, Singgih Sopyan Sopyan Sopyan Sopyan Suhirnan Supriatna, Yayat Susanti, Depi Susi Susilawati Suyono Sanjaya Syarif, Soultan Tanti Alfareza Herdianti Targana, Tatang Tatang Targana Tatang Targana Taufik Caniago Tianing, Ebeng Tri Setiady, Tri Uge, Sarnely Ulandari, Mega Ummam, Khoirul Vironika, Tiyas Wa Ode Riyan Ridayanti Wahyu Danang Setiadi Wahyu Hidayat Wahyu Koswara Wahyu Mulyandaru Wakono, Nur Wawan Indra R. Widasari, Widasari Wike Nopianti Wike Nopianti Wulan Cahya Ningrum Yuniar - Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yustya Laraswati Yusuf Rizki Zaenury, Ahmad Goza Zarisnov Arafat Zarisnov Arafat Zatmika Nur Farhan