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All Journal Jurnal Media Hukum MAHKAMAH: Jurnal Kajian Hukum Islam Jurnal Ilmiah Hukum LEGALITY Jurnal Bina Mulia Hukum Khairun Law Journal Legal Standing : Jurnal Ilmu Hukum Cepalo Dimasejati: Jurnal Pengabdian Kepada Masyarakat JURNAL DE JURE MUHAMMADIYAH CIREBON KHAIRUN LAW JOURNAL Journal Of Law Sciences (Legisci) Unifikasi : Jurnal Ilmu Hukum
Elya Kusuma Dewi
Fakultas Hukum Universitas Muhammadiyah Cirebon
Humanities Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Journal Of Law Sciences (Legisci)

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Dive Deeper into the Nature of Corruption through an Interdisciplinary Lens Suparman, Omang; Kusuma Dewi, Elya; Anisah Supandi, Tuti
Jurnal Legisci Vol 1 No 5 (2024): Vol 1 No 5 April 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v1i5.239

Abstract

Numerous scholars have conducted interdisciplinary studies from theoretical and empirical viewpoints to tackle the complex corruption issue. Presenting opinions from other disciplines, this study provides a comprehensive and current analysis of the recent literature on corruption. More specifically, the writers clarified corruption by merging viewpoints from several fields, including criminology, psychology, and economics. Through an organized investigation of the origins and effects of corruption at the human, corporate, and societal levels, we may comprehend the elements that lead to corrupt behavior and its substantial influence.
Cancellation of Homologated Peace by Creditors: (Analysis of the Legal Standing of Cooperative Members as PKPU Applicants in the Commercial Court Decision at the Semarang District Court Number 1/Pdt.Sus-Pembatalan Perdamaian/2023/ PN Niaga Smg jo. Number 43/Pdt.Sus-PKPU/2020/PN Niaga Smg) Gisymar, Najib; Kusuma Dewi, Elya
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.646

Abstract

Background. The Sharia Savings and Loan Cooperative and Financing (KSPPS) as the Debtor in the Suspension of Debt Payment Obligations case Number 43/Pdt.Sus-PKPU/2020/PN Niaga Smg (PKPU 43/2020/Smg), submitted a peace proposal to the Creditors and was eventually approved by the Creditors, making it binding and must be fulfilled by the Debtor. Aim. This research examines the legal considerations of judges regarding the rights of KSPPS members as Creditors who file for annulment of the Homologation Agreement agreed upon by the Creditors and Debtor. Methods.This paper is the result of research using a normative juridical approach. Legal research based on the study of the Cancellation Decision of PKPU 1/2023/Smg, linked to legal norms and regulations. This research is descriptive-analytical in nature. Data analysis was conducted using qualitative analysis methods, related to the rejection of the annulment of the Peace Agreement/Homologation by the Assembly, with the consideration that the meeting of members could bankrupt the Cooperative. Result. KSPPS is considered to have failed to fulfill the contents of the Homologation, thus the Creditors have the right to file for the annulment of the Homologation through the commercial court proceedings mechanism and registered in the case register Number 1/Pdt.Sus-Pembatalan Perdamaian/2023/PN Niaga Smg ("PKPU No. 1/2023/Smg"). However, the annulment of the Homologation was rejected by the first-instance court and cassation because the Cooperative can only be declared bankrupt if approved by the Members' Meeting. Conclusion. The Supreme Court must be able to bridge the differences in interpretation by issuing guidelines for interpreting the provisions of Article 291 paragraph (2) of the K-PKPU Law, thereby achieving legal certainty. Implication. This research is useful as an example of overcoming the case of reconciliation of cooperative creditors and canceling agreements.
Co-Authors Absori Absori Adiantika, Hanif Nurcholish Aidul Fitriciada Azhari Ali Romdhoni Alisah, Siti Anisah Supandi, Tuti Arief Budiono Arum Prastyanti, Rina Endang Sutrisno Fitriana, Diana Gisymar, Najib Ibrahim, Alisa Multahibun, Multahibun Ngestiningrum, Ayesha Hendriana Nur Rahman Nurkhaeriyah Nurkhaeriyah Sarip Sarip Sarip, Sarip Sudika Sudika Suparman, Omang Syarifuddin Syarifuddin Syarifudin, Aip Tamsik Udin Urip Giyono Urip, Giyono Wahid, Abdul