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Sri Bakti Yunari
Universitas Trisakti
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PENGATURAN DAN PRINSIP TANGGUNG JAWAB PENGANGKUT TERHADAP KORBAN KECELAKAAN PESAWAT UDARA: Rayhan Fadhillah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16278

Abstract

As an airline, Sriwijaya Air is obligated to provide the security, safety, and comfort of travelers. The aircraft being used during flying operations must be in a flyable state. near this sense, on January 9, 2021, a Sriwijaya Air airliner crashed near the Thousand Islands, killing all 62 aboard the aircraft - passengers and crew combined. Problem statement: Based on Law No. 1 of 2009 Concerning Aviation, what are the fundamentals of carrier duty for passengers in private air transport law, and how is carrier responsibility for victims in the Sriwijaya Air plane accident in the Thousand Islands regulated? descriptive normative research design employing both primary and secondary data, analyzed qualitatively and deductive methods for drawing conclusions. The results of the research and discussion show that the regulations that can be applied are Article 141 paragraph (1) of Law no. 1 concerning Aviation explains that the carrier must be responsible for losses suffered by passengers on board and/or getting on and off the aircraft and the principle of carrier responsibility that is applied is the principle of presumption of liability. Conclusion The carrier must pay for losses suffered by passengers, namely Rp. 1,250,000,000
KRITERIA PROPOSAL PERDAMAIAN PKPU YANG CUKUP TERJAMIN DALAM KASUS KSP INDOSURYA CIPTA Liony Gracia Christiani Purba; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13420

Abstract

A positive development in the PKPU process should be the ratification of the Peace Plan (Homologation). The implementation of payments in the instance of KSP Indosurya, however, did not follow the terms of the homologation agreement. The key issue with this piece is how the creditors of KSP Indosurya attempt to determine whether a peace plan falls under the category of suitably assured. The study method employed is normative legal research, with literature reviews based on secondary data and primary data from interviews supporting it. This study's methodology involves making inferences through deductive reasoning and performing descriptive analyses. The analyses' findings show that KSP Indosurya's peace proposal lacks adequate guarantees. The truth is that the peace proposal offered by KSP Indosurya is not sufficiently guaranteed and the implementation is not according to what was mutually agreed upon. Indosurya Cipta KSP creditors in assessing a peace proposal can submit an examination of the cooperative's financial statements by an independent expert in accordance with Article 238 of the Bankruptcy Law and PKPU.
PEMBERESAN UTANG PAJAK PT UNITED COAL INDONESIA KEPAILITAN PUTUSAN NOMOR 557 K/PDT.SUS-PAILIT/2018 Shodiq Aminullah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13619

Abstract

In practice, the management and settlement of bankrupt assets often encounter disputes. This happened in the bankruptcy case of PT United Coal Indonesia, which had a tax debt that acted as a preferred creditor whose position was under a separatist creditor and the curator had not paid the debt until it was fully paid. Therefore, the main problem in this research is what is the position of the tax debt submitted by the creditor (Director General of Taxes) in bankruptcy and how to settle the tax debt in Decision Number 557 K/PdtSusBankrupt/2018 against PT UCI. The research method used is a descriptive normative research method based on secondary data, which is analyzed qualitatively by deductively drawing conclusions. The results of the study illustrate that the state in this case the tax debt should have a higher position than separatist creditors and concurrent creditors, and should prioritize its payments over other creditors as stipulated in Article 21 paragraph (3a) juncto paragraph 3 juncto paragraph 1 of Law Number 16 Year 2009 concerning General Provisions and Tax Procedures, and the curator should pay the tax debt until it is paid off.
Co-Authors Azkia Syafina Ekaratri Faza Ihya Sya’bana Jihan Noor Fakhira Liony Gracia Christiani Purba Rayhan Fadhillah Shodiq Aminullah