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All Journal Jurnal Penyuluhan Unram Law Review Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Journal of Sharia and Legal Science Politika Progresif : Jurnal Hukum, Politik dan Humaniora Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Solusi Bersama : Jurnal Pengabdian Dan Kesejahteraan Masyarakat
Sudaryat Sudaryat
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Religion Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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“Burning Money” By E-Commerce Platform Businesses And The Relationship With Selling Loss Based On Business Competition Law In Indonesia Jozu Kenjiro Samudra; Sudaryat Sudaryat; Helza Nova Lita
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.222

Abstract

"Burning money" is one of the marketing strategies carried out by the perpetrator’s e-commerce platform in effort to introduce products on the internet and change the habit consumer. Cut programpricelarge on current e-commerce platformsthispopular in societyis one _shapeof "burning money". This program is done in a period of time particular with the objective of interesting the number of customers and achieving high traffic. The existence of “burning money” activity has worries that willcausesomethingcompetitionbusiness not healthy . Piecegreat price _from one _the form of "burning money" is suspectedrelatedwith predatory pricing orselllos. Methodstudyis normative juridical normative research using _regulationlegislation, theorylaw, and the opinion of scholarsrelated to law competitionbusiness and e-commerce. Data will then analyzedwithmetho descriptive analysis _symptom particular in detail, detail, and systematic. There are four aspects that are used for the study of "burning money" by using a massive price-cutting program based on Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and related laws and regulations. As a result , the cut programthe price made by the perpetratore-commerce platform business haspotencycausecompetitionbusinessnohealthywillbutthe impact of the perpetratore-commerce platform business helppublic switch to the digital age throughe-commerce services .
Karakteristik Wanita Tuna Susila (WTS) dan Pengetahuan Tentang HIV/AIDS WTS di Panti Rehabilitasi Jawa Barat Sudaryat Sudaryat; Amri Jahi; Prabowo Tjitropranoto
Jurnal Penyuluhan Vol. 5 No. 1 (2009): Jurnal Penyuluhan
Publisher : Department of Communication and Community Development Sciences and PAPPI (Perhimpunan Ahli Penyuluh Pertanian Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (147.994 KB) | DOI: 10.25015/penyuluhan.v5i1.9795

Abstract

The characteristics of prostitutes were predicted to be related to their knowledge of HIV/AIDS. The reseach was designed as a descriptive survey involving 100 respondent/prostitutes from the Rehabilitation Center, selected through a Proportional Random Sampling. The collected data were put into a descriptive-qualitative analysis and the test Concordation Kendall W. The reseach has the following result: the average age of prostitutes is 26, they are maried, have the formal education of an elementary level, level of income 2.182.900 rupiahs, medium intrinsic motivation, low extrinsic motivation, have a perception of an ideal life for woman, working experience up to 1 year, never have violent sexual treatment, medium economic condition, low level of obedience to social norm, no social effect of origin, long distance to workplace, medium intensity of interaction with other prostitutes, moderate sexual teaching, high intensity of contact with costumers, and low perception of hedonism sex. In general the prostitutes know about HIV/AIDS. There is degree of similarity among them concerting the various characteristics of 10 ranking areas of HIV/AIDS knowledge, in which they are interested. As a conclusion, of the ten knowledge areas, there are three main areas of knowledge considered the most important: 1) the danger of HIV/AIDS, 2) method of transmission, and 3) preventing method.
Klasifikasi Kegagalan Investasi Reksa Dana Sebagai Utang dalam Kasus Penundaan Kewajiban Pembayaran Utang Terhadap Manajer Investasi Dikaitkan dengan Dengan Undang-Undang Nomor 8 Tahun 1995 dan Undang- Undang Nomor 37 Tahun 2004 : (Studi Kasus Putusan Putusan Pn Jakarta Pusat Nomor 78/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst) Marla Satika Qurratu’aini; Nyulistiowati Suryanti; Sudaryat Sudaryat
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3895

Abstract

Along with globalisation, economic development continues to change dynamically in order to achieve success in national economic development. National economic development is the development of equitable economic growth for the greatest prosperity of all Indonesian people based on the principle of kinship in accordance with Pancasila and the 1945 fourth amendment of the Republic of Indonesia. This economic development is marked by the development of a variety of transactions or economic activities, one of which is investment or capital activities through the capital market such as mutual fund investments made through the role of investment managers. In carrying out its business activities, there is a risk of default that can result in a Suspension of Payment against the Investment Manager, one of which is the case of Central Jakarta District Court Decision Number 78/Pdt.Sus-PKPU/2020/PN Niaga Jkt.Pst. This research aims to examine the accuracy of the consideration of the Central Jakarta District Court judge in the related decision regarding the qualification of investment losses as a default charged to the Investment Manager, as well as the judge's consideration in accepting the suspension of payment application against PT Emco as the Investment Manager by the Investor. This research uses the juridical-normative method, which prioritises the use of literature material from positive law as a source with the results of the research described descriptively. The results of this study show conclusion that can be drawn. The judge's consideration in the relevant decision is not correct because the responsibility for default should be borne by the issuer, in addition, the judge's consideration does not conduct further investigation regarding the origin of the compensation agreement between the Investment Manager and the Investor.
Konsekuensi Hukum Terhadap Kreditor Pailit Yang Tidak Mendaftarkan dan Terlambat Mendaftarkan Piutangnya Kepada Kurator Dalam Proses Verifikasi Piutang Kepailitan Aria Wirajuna; Elisatris Gultom; Sudaryat Sudaryat
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 2 No. 1 (2025): Maret: Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v2i1.1425

Abstract

This study aims to analyze the legal consequences of non-registration or late registration of receivables owned by creditors in the bankruptcy process. Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) stipulates that in bankruptcy proceedings, the fulfillment of rights over the bankrupt estate can only be obtained if the creditor registers their receivables for verification. However, there are no specific provisions that explicitly regulate the legal consequences of receivables that are not registered at all or those registered late and thus cannot be verified. This legal uncertainty creates problems in practice, particularly regarding legal protection for creditors and legal certainty in the resolution of bankruptcy cases. Using a normative juridical approach and analyzing relevant legislation and court decisions, this research finds that creditors who fail to register their receivables or register them late lose their rights to receive payments from the bankrupt estate. In other words, receivables that are not verified—either due to non-registration or late registration—are not recognized in the bankruptcy process. This conclusion highlights the importance of creditors understanding the procedures for registering receivables in bankruptcy in order to protect their rights. The study also recommends that existing legal regulations provide clearer guidance regarding the consequences of delayed or unregistered receivables to ensure legal certainty and fair protection for all parties involved in bankruptcy proceedings.
Asas Keadilan dalam Eksekusi Jaminan Kebendaan Kreditor Separatis pada Kasus Kepailitan terhadap Batasan Waktu Eksekusi Salsabil Qodrunnada; Elisatris Gultom; Sudaryat Sudaryat
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 3 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i3.750

Abstract

A separatist creditor are those holding proprietary security rights over a debtor’s assets, granting them preferential claims in the satisfaction of debts through the execution of the collateral. Article 59 of the Indonesian Bankruptcy and Suspension of Debt Payment Obligations Law (UU KPKPU) restricts the exercise of such execution rights to a period of two months following the declaration of bankruptcy. This limitation raises issues of fairness, as it treats all creditors equally without regard to the legal priority attached to secured creditors. The provision risks undermining the absolute nature of proprietary security rights and deviates from the principle of proportional justice as articulated by Aristoteles. This article adopts a normative legal approach, examining statutory provisions, legal principles, and relevant doctrinal opinions. The findings suggest that the uniform treatment of secured and unsecured creditors after the expiry of the execution period is inconsistent with the fundamental characteristics of secured rights, namely their priority and enforceability against third parties. Accordingly, a revision of the existing legal framework is necessary to ensure the proper and equitable enforcement of secured creditors' rights in bankruptcy proceedings.
Perlindungan Hukum atas Kepastian Pembayaran Kepada Kreditur Konkuren dalam Kepailitan Cindi Elvina Azarine; Elisatris Gultom; Sudaryat Sudaryat
Solusi Bersama : Jurnal Pengabdian dan Kesejahteraan Masyarakat Vol. 2 No. 2 (2025): Mei: Solusi Bersama : Jurnal Pengabdian dan Kesejahteraan Masyarakat
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/solusibersama.v2i2.1445

Abstract

Bankruptcy as a legal remedy for creditors to receive payment from debtors can cause losses for concurrent creditors. The absence of the right to precedence, resulting in concurrent creditors can only receive payment if preferred creditors and separatist creditors have received payment, therefore, it is important to provide legal protection for concurrent creditors in obtaining their right to receive payment. In this research, a normative juridical method will be used through literature study. By using secondary legal sources as well as primary and secondary legal materials relevant to the protection of concurrent creditors in bankruptcy cases. In the research results, it was found that there is an urgency to apply the insolvency test as an effort to protect concurrent creditors from losses to debtors declared bankrupt. Then, it is also important for concurrent creditors to file legal remedies in the event that the debtor is declared bankrupt, but still has the financial ability to pay his debts.
Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor Hania Arvalia; Elisatris Gultom; Sudaryat Sudaryat
Journal of Sharia and Legal Science Vol. 3 No. 1 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i1.1040

Abstract

The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.
Perlindungan Hukum Kreditor yang Tidak Mendaftarkan Tagihan terhadap Klausul Perjanjian Perdamaian yang Mengakibatkan Penghapusan Piutang : Studi Kasus Putusan Homologasi Nomor 62/Pdt.Sus-PKPU/2021/PN Niaga Sby Kartika Eka Pertiwi; Sudaryat Sudaryat; Ema Rahmawati
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 6 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i6.1332

Abstract

The Suspension of Debt Payment Obligations (PKPU) is a rehabilitative mechanism, but it is susceptible to bad faith abuse. This case study examines Homologation Decision No. 62/Pdt.Sus-PKPU/2021/PN Niaga Sby, where judges ratified a composition plan creating a "Previous Trade Creditors" category. This clause, targeting unregistered creditors, effectively resulted in a 95% debt write-off, injuring the Principle of Justice. This research aims to analyze the judges' legal considerations in ratifying this clause and examines their failure to apply material judicial obligations regarding the debtor's bad faith. This research utilizes a normative juridical method with a statute and case study approach. The analysis is qualitative, examining the decision and relevant legislation, supplemented by an interview with a practicing Commercial Court judge. The primary finding is that the judges' considerations were overly positivistic, focusing only on the formal voting quorum (Article 281, UU KPKPU). They failed to execute their imperative duty under Article 285(2)(c) to reject a plan achieved via "dishonest means". The 95% write-off is prima facie bad faith and is punitive, not rehabilitative. The judges misinterpreted the Publicity Principle; non-registration should only cause the loss of voting rights (procedural), not the loss of claim rights (substantive). This failure of material judicial review legitimized the abuse of the PKPU institution.  
Co-Authors Amri Jahi Aria Wirajuna Cindi Elvina Azarine Elisatris Gultom Ema Rahmawati Hania Arvalia Helza Nova Lita Jozu Kenjiro Samudra Kartika Eka Pertiwi Marla Satika Qurratu’aini Nyulistiowati Suryanti Prabowo Tjitropranoto Salsabil Qodrunnada