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All Journal Jurnal Nuansa Kenotariatan Literacy : International Scientific Journals of Social, Education, Humanities
Atma Suganda
Jayabaya University
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Model Hubungan Alih Daya Dalam Hukum Ketenagakerjaan Indonesia Ditinjau Dari Perspektif Keadilan Sukhebi s.; Atma Suganda; Ismail I
Jurnal Nuansa Kenotariatan Vol 6, No 1 (2020)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v6i1.193

Abstract

This study intends to examine what prioritizes legal certainty for the guarantor of the debtor in the event of bankruptcy. This study will also discuss the practice of the methods used by personal guarantees to escape the snares of bankruptcy proposed by creditors as regulated in Article 24 paragraph (2) of the UUKPKPU, due to the lack of regulation in the UUKPKPU regarding guarantors. The method used in this research is the juridical-normative method. The results of this study indicate the following conclusions. First, the fact of the bankruptcy of the guarantor in various cases illustrates the incompatibility of the practice (das sein) of personal guarantees and the theory of underwriting. If the guarantor goes bankrupt, then the guarantor is no longer the party assisting the debtor; but it takes too much responsibility. Supported by the contents of the borghtoct agreement which does not contain provisions regarding the position of the guarantor in the event of debtor bankruptcy. If suddenly the guarantor goes bankrupt, then the theory of the purpose of bankruptcy which is to divide the principal debtor's assets will certainly not be achieved (especially when it is only the guarantor's property) is not achieved and finally legal certainty does not materialize. Second, the effort to realize legal certainty for creditors and guarantors in bankruptcy is the regulation of legal rules that regulate bankruptcy in a more detailed and rigid manner, in which the bankruptcy law consists of elements of general civil law (KUHPerdata), the Law on Bankruptcy, jurisprudence and other regulations. related regulations.
Resolving Transnational Crime in the Indonesian Sea Border Area: Case Studies and Legal Effects Sugeng Apriyanto; Fauzie Yusuf Hasibuan; Atma Suganda
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1665

Abstract

The Indonesian maritime border area is susceptible to a range of transnational criminal activities, such as drug trafficking, human trafficking, and forced displacements. These criminal activities pose a significant danger to both the stability of national security and the territorial integrity and sovereignty of Indonesia. The law enforcement challenges in the Indonesian maritime border area are intricate, encompassing inter-agency coordination, international cooperation, and limitations in resources and technology. The primary objective of this study is to address the following crucial inquiry: What are the obstacles encountered in law enforcement against transnational crime at the maritime border of Indonesia? The study employs a normative legal research methodology, which entails analyzing legislative regulations, legal documents, and relevant literature that pertain to law enforcement along the maritime borders of Indonesia. This technique in normative jurisprudence will analyze applicable legal laws, government policies, and pertinent international agreements. The obtained secondary data from legitimate sources will undergo qualitative analysis to identify significant obstacles and possible remedies in law enforcement against transnational crime in the maritime border region of Indonesia. The study revealed that key hurdles in the enforcement of legislation against transnational crime in Indonesia's maritime border regions encompass inadequate inter-agency coordination, restricted resources and technology, and impediments to international collaboration. To tackle these challenges, it is advised that the Indonesian Government bolster regional and international collaboration, reinforce the capabilities of law enforcement agencies through training and the provision of cutting-edge technology, and establish a comprehensive and integrated policy framework. In addition, enhancing the formulation of comprehensive operational cooperation protocols and implementing efficient dispute resolution processes could enhance the efficacy of law enforcement in the maritime border region of Indonesia.
Co-Authors Fauzie Yusuf Hasibuan Ismail Ismail Sugeng Apriyanto Sukhebi s.