Purgito, Purgito
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Impartial Law Enforcement By The Indonesian Criminal Justice System In The Civil Law System Sari, Nani Widya; Ekawati, Dian; Prayitno, Isnu Harjo; Munalar, Sri Siti; Purgito, Purgito
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.544-554.2024

Abstract

This writing aims to understand law enforcement by the existing criminal justice system and to understand the existing legal system models in the world and Indonesia along with their characteristics. The method used in this writing is normative legal research through literature study with data collection methods in the form of secondary data. The results of the research show that law enforcement has not been implemented optimally, so it is very important that the existing criminal justice system can work well to create and realize a sense of justice in society. In this world, there are two models of the rule of law concept that have been developed, namely the Continental European model called rechstaat and the Anglo Saxon model called the rule of law. The concept of rechtsstaat was born from a struggle against absolutism so that it is revolutionary in nature. The concept of rechtsstaat relies on the Continental Law system called civil law. Meanwhile, the concept of the rule of law develops evolutionarily, which is based on a legal system called common law.
REKONSTRUKSI ASAS PUBLISITAS DAN KEWAJIBAN ADMINISTRATIF KURATOR DALAM HUKUM KEPAILITAN: ANALISIS PUTUSAN MK NO. 74/PUU-XXIV/2026 T Siagian, Maddenleo; Purgito, Purgito; Litoama, Fransiskus
JOURNAL IURIS SCIENTIA Vol. 4 No. 2 (2026): JOURNAL IURIS SCIENTIA
Publisher : Yayasan Merassa Indonesia Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62263/

Abstract

Decision of the Constitutional Court No. 74/PUU-XXIV/2026 dated April 29, 2026 introduces a significant shift in the interpretation of Article 74 paragraph (1) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), particularly by expanding the procedural obligations of trustees (curators) in submitting bankruptcy reports. The Court held that curators are not only required to file reports at the Commercial Court Registry, but must also deliver copies of such reports directly to debtors and creditors through various communication channels. This study aims to critically examine the legal and practical implications of this expanded interpretation on the principles of efficiency, effectiveness, and legal certainty within the Indonesian bankruptcy system. This research employs a normative legal method using statutory, conceptual, and case-based approaches, focusing on the Constitutional Court decision. The findings indicate that the expanded administrative obligations imposed on curators may increase bankruptcy costs, create excessive administrative burdens, and reduce the value of the bankruptcy estate available for distribution to creditors. In addition, the ruling raises potential legal uncertainty regarding the validity and evidentiary status of electronically delivered notifications. The decision also reflects elements of judicial activism, as it extends into technical regulatory matters that arguably fall within the competence of the legislature or judicial administrative regulators. Therefore, strengthening transparency in bankruptcy proceedings would be more appropriately achieved through the optimization of integrated digital court information systems rather than by expanding individual notification duties imposed on curators.