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Journal : LEGAL BRIEF

Giving Medical Rehabilitation Discretion to Children Perpetrators of Drug Abuse Yudhisthira; Hasanal Mulkan
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

Drug trafficking is a universal social phenomenon (a universal social phenomenon) in human life, and is even said to have become the oldest social problem of human kind. With the discretionary authority that is owned, it is understandable if a legal issue does not have to be resolved through the courts, but the resolution can be submitted to the decision of the police, in connection with the discretion against drug and psychotopic abuse, the police can also exercise discretion, especially against the perpetrators who are still children, discretion towards children abusing narcotics and psychotropic substances. As for the formulation of the problem in writing the journal, namely the reason for the police in providing medical rehabilitation descriptions for children who are perpetrators of drug crimes,
Criminal Elements in Debt Restructuring During The Covid-19 Pandemic: Between Business Continuity and Legal Compliance Hasanal Mulkan; Serlika Aprita
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (401.479 KB)

Abstract

The coronavirus (Covid-19) pandemic has hit the world economy, including Indonesia. In addition to direct handling of the epidemic problem, the government is also preparing to anticipate the impact of the economic slowdown caused by the pandemic. The government has issued regulations in relation to the forms of restructuring that can be carried out by banks and national financial institutions with their debtors that open up various alternative patterns of restructuring the settlement of obligations based on POJK No. 11 of 2020. This regulation has the potential to create an imbalance between creditors and debtors. The regulation provides the dominant flexibility for creditors to assess and offer forms of restructuring, so that there is the potential for an imbalance in the form of restructuring between creditors and debtors. The law enforcement scheme has its relevance to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK and PKPU). Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities. Some adjustments are needed so that the law which is intended to restore economic conditions by providing protection to creditors and debtors can find its context with the crisis caused by Covid-19. The results of this study indicate that PKPU is a strategic tool in designing debt restructuring. If the PKPU application is granted and peace is reached between the debtor and his creditors, the debtor concerned can continue his business activities.