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All Journal Jurnal Mahasiswa Fakultas Hukum AJCD
Ahmad Dzulfiqar Hibatullah Putra
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Religion Agriculture, Biological Sciences & Forestry Education Law, Crime, Criminology & Criminal Justice

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Implementation of bankruptcy instruments as a final means of overcoming the impact of the Covid-19 pandemic in Indonesia Rahayu Hartini; Briliawan Gama Rahmatullah; Ahmad Dzulfiqar Hibatullah Putra; Mohammad Faisal Jamaludin Malik; Mohammad Hanif Furqan Aufa Putra
AMCA Journal of Community Development Vol. 2 No. 2 (2022): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v2i2.180

Abstract

This study aims to provide contributions and ideas in the form of efforts to prevent bankruptcy for debtors / companies affected by the COVID-19 pandemic. This is a normative juridical law research with a conceptual approach and legislation. Primary and secondary legal materials are analyzed in terms of their content. The results of the research and legal discussion show that Bankruptcy is the last legal effort in overcoming the Covid-19 pandemic in the event that the company experiences debt repayment difficulties (defaults). Efforts that can be made are by: Optimizing the application of Business Sustainability Principles; The Covid-19 pandemic is the reason for Force majeure, the importance of restructuring and renegotiation mechanisms by debtors and creditors through Postponement of Debt Payment Obligations, and Bankruptcy is the last legal remedy (ultimum remedium).
Executorial principles in international arbitration awards in the Indonesian legal system Rahayu Hartini; Windi Argiatmoko; Mohammad Faisal Jamaludin Malik; Ahmad Dzulfiqar Hibatullah Putra; Mohammad Hanif Furqan Aufa Putra
AMCA Journal of Community Development Vol. 3 No. 2 (2023): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v3i2.232

Abstract

International arbitration awards in practice do not always run smoothly in carrying out their executions, so there is a need for affirmation of regulations both fundamentally or the principles and regulations. That is the background why this needs to be studied. So the legal issues in the research are: How is the power of the executive principle in international arbitration decisions in terms of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 1999 concerning Procedures for Implementing Foreign Arbitration Awards? The problems that arise in carrying out the execution of foreign arbitration awards in Indonesia?. This study uses a normative juridical research method using a doctrinal legal approach, which analyzes laws and regulations, legal theories, doctrines, legal principles, which are analyzed in the form of descriptions. The results of the study show that: basically the legal force of an international arbitral award which is final, binding and legally binding remains the same as a court decision that has permanent legal force. What makes the difference is that an international arbitral award does not have executive power before the award is registered and requested for executorial fiat at the Central Jakarta District Court. The problem that often arises in Indonesia is the use of reasons for decisions that are contrary to public order (public policy) to refuse the execution of decisions. So that in such circumstances the international community sees it as a legal uncertainty.
Co-Authors Briliawan Gama Rahmatullah Mohammad Faisal Jamaludin Malik Mohammad Hanif Furqan Aufa Putra Rahayu Hartini Windi Argiatmoko