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All Journal Lentera Hukum Jurnal Hukum IUS QUIA IUSTUM Perspektif : Kajian Masalah Hukum dan Pembangunan UNEJ e-Proceeding Widya Yuridika Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Recital Review Awang Long Law Review Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Notaire Riau Law Journal Journal of Economic & Business Law Review Jurnal Ilmu Kenotariatan Journal of Private and Economic Law Acten Journal Law Review Jurnal Legislasi Indonesia Rechtenstudent Journal
Iswi Hariyani
Fakultas Hukum Universitas Jember
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA Zulaika, Emi; Erfandy, Noviandy Nur Fadillah Putranti; Hariyani, Iswi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1377

Abstract

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.
RESTRUKTURISASI UTANG PT GARUDA INDONESIA, Tbk. SEBAGAI UPAYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG KEPADA KREDITUR Widya Sari Amalia; Iswi Hariyani; Bhim Prakoso
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3658

Abstract

PKPU has a goal to improve the company from an economic standpoint and the company's ability as a debtor to make a profit, with this step it is hoped that the company can pay off its obligations. Settlement is not defined by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as the Bankruptcy Law and PKPU). However, in this case the general understanding is as normalized in Article 222 of the Bankruptcy Law and PKPU that in principle the reconciliation plan includes an offer to pay part or all of the debt to creditors. In bankruptcy and PKPU cases, all creditors and debtors have the opportunity to submit a peace plan which can be part of a debt restructuring. SOEs have a responsibility in the problems being faced by PT Garuda Indonesia, Tbk. PT Garuda Indonesia, Tbk. is unable to pay its debts to creditors because of the equity of PT Garuda Indonesia,Tbk. recorded negative. The enormous debt made PT Garuda Indonesia, Tbk. choose to do debt restructuring even though the path chosen has a risk of bankruptcy. Even though PT Garuda Indonesia, Tbk. is experiencing financial problems. continue to run its business, this is in line with the principle of business continuity as normalized in 240 of the Bankruptcy Law and PKPU.
Responsibility of Companies Declared Bankrupt for Employee Wages Adiyata Segara Pradhana; Iswi Hariyani; Firman Floranta Adonora
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.323

Abstract

Employment or labor problems never end over time, from issues of protection, wages, welfare, industrial relations disputes, guidance and labor inspections, companies along the way do not always experience stable growth and a company can even experience bankruptcy. This research will focus on discussing what is the status of employee wages when the company is declared bankrupt?; Can objects with collateral rights to third parties be included as bankruptcy assets? Using normative juridical research methods and collaborating with the statutory approach and case approach, the answer was found, namely the judge's consideration at the cassation level in decision Number 625 K/Pdt.Sus-Pailit/2021 when correlated with article 102 paragraph 1 of Law Number 40 of 2007 concerning Limited Liability Companies. Every company must comply with the requirements of the company law and its implementing regulations. This element shows that the company adheres to a closed system. Apart from its unique characteristics, a Limited Liability Company also has advantages, including: As a result of limited liability, if the company has debt, shareholders are only responsible for the amount of capital they have paid in. A limited liability company is a legal entity. So that the continuity of the company as a legal entity is guaranteed even though the owner has changed.
Harmonisasi Peraturan Equity Crowdfunding pada Aplikasi Santara Azzahra, Syifa; Hariyani, Iswi; Wahjuni, Edi
Acten Journal Law Review Vol. 3 No. 1: Apr 2026
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v3i1.46

Abstract

The development of digital technology has driven a major transformation in the financial sector through financial technology (fintech) innovations, one of which is Equity Crowdfunding (ECF) that serves as a fundraising mechanism for businesses, particularly Micro, Small, and Medium Enterprises (MSMEs). In Indonesia, ECF is regulated under the Financial Services Authority Regulation Number 57 of 2020 and implemented by platforms such as Santara. However, its implementation faces legal challenges due to the lack of alignment with the Capital Market Law, which has not yet accommodated digital securities offerings, resulting in regulatory disharmony and legal uncertainty. This study aims to examine the harmonization of ECF regulations in Indonesia and analyze the legal consequences of ECF practices through the Santara application. The research employs a normative juridical method with statutory and conceptual approaches. The results show that before the enactment of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector, ECF regulations were solely based on the Financial Services Authority Regulation Number 57 of 2020, which holds a lower legal hierarchy than laws, causing regulatory overlap. The enactment of Development and Strengthening of the Financial Sector expands the definition of “securities” to include technology-based instruments and grants legal legitimacy to the Financial Services Authority to regulate and supervise ECF. In the context of Santara’s implementation, regulatory harmonization is crucial to ensure legal certainty, investor protection, and the accountability of platform operators so that crowdfunding activities can be carried out transparently and in accordance with modern capital market principles.
Co-Authors Adiyata Segara Pradhana Alfi Arif Amadis, Fay Alejandra Ance Rimba Azzahra, Syifa Bintang Sabda Ramadan Citi Rahmati Serfiyani Emi Zulaika Erfandy, Noviandy Nur Fadillah Putranti Ermanto Fahamsyah Ferdiansyah Putra Manggala Firman Floranta Adonora Lintang Cahyani Andira Mayang Asmara Megaputri, Vincencia Misbahul Ilham Moh. Ali Mohammad Fiqkri Nadya Astadewi Putri A Nengah Erlina Wahyu Damayanti Prakoso, Bhim Pratiwi Puspitho Andini Rahmadi Indra Tektona Raissa Aulia Salsabila Rhama Wisnu Wardhana Septarina Prita Dania Sofianti Serfiyani, Cita Yustisia Serfiyani, Citi Rahmati Siti Maria Wardayati Tharifah Arsari, Devina Wahjuni, Edi Wasito Wasito Widya Sari Amalia Wisnuwardhani, Diah Aju