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PENERAPAN ASAS RESIPROSITAS (TIMBAL BALIK) DALAM PROSES EKSTRADISI: STUDI KASUS MARIA LUMOWA Komara, Stevani
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 5, No 1 (2021): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v5i1.1726

Abstract

Extradition is known as the process of sending a person who is a defendant or convict who has fled abroad to avoid punishment or trial proceedings. Extradition can be carried out on the basis that the two countries already have previous extradition treaties or based on the principle of reciprocity. It is not uncommon for a country to refuse to hand over a defendant to the applicant's country for various reasons. For example in the case of Maria Lumowa, a fugitive in the bank burglary case for 17 years who was finally extradited back to Indonesia from Serbia. The two countries have never previously entered into an extradition treaty. However, Serbia has a good intention to extradite Maria based on the historical closeness of the two countries' longstanding bilateral relations, as well as remuneration to Indonesia for granting Serbia's extradition request against the perpetrator of theft of customer data in 2015. It can be seen that extradition is not always about having an agreement in order to work, but also seeing the goodwill of the requested country.
The Effect of the Execution of the Sale of the Right Object on the Position of Bank Creditors Komara, Stevani; Adjie, Habib
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 5 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i5.98

Abstract

The results of this study show that the right of liability is the object of guarantee that is most in demand by creditors (banks) as debt collateral. The value of the rights contained in thecertificate of rights of dependents has an important influence in determining the position of creditors as creditors who have preferential rights or only limited to as a concurrent creditor. If the value of the dependent rights has a greater value than the debtor's debt, then the creditor's position as the holder of the liability right is the preferred creditor, which takes precedence repayment of it than other creditors. However, the determination ofthe creditor's position as a preferred creditor or not can also be viewed from the proceeds of the sale of the object of liability from the results of auction execution. If the selling price of theobject of liability is greater than the debtor's debt, the creditor has the right to take precedence over full repayment by taking the proceeds Net sales are only limited to debtors. Meanwhile, if the proceeds from the sale of the object of liability are smaller than the debtor's debt, then the remaining debt of the debtor positions the creditor as a concurrent creditor meaning that the repayment of the remaining debtor is divided equally with other creditors