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All Journal Jurnal Hukum Adigama Reformasi Hukum Trisakti Amicus Curiae
Sri Bakti Yunari
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Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS TERHADAP BERAKHIRNYA PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG TERHADAP PT.BUANA CHANDRA MANDIRI OLEH PT. GAJAH MAS MULIA: Judicial Review The End Of Posponement Debt Payments Obligations to PT. Buana Chandra Mandiri by PT.Gajah Mas Mulia Raffee Denli Ramiro; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23016

Abstract

A PKPU debtor is a debtor who delays debt repayment until able to settle matured obligations, has at least two creditors, and can be petitioned for PKPU by themselves or by a creditor. A concluded PKPU may lead to bankruptcy, as in the case of PT. Buana Chandra Mandiri under Supreme Court Decision Number 41K/Pdt.Sus-Pailit/2024 upon the petition of PT. Gajah Mas Mulia. This study employs a normative juridical and descriptive method using a qualitative approach. In this case, the end of PKPU caused PT. Buana Chandra Mandiri’s assets to be transferred as bankruptcy assets. Conversely, the PKPU petition by PT. Gajah Mas Mulia was rejected by the Surabaya Commercial Court due to insufficient assurance of repayment. The identified problem in this study is the inconsistency between the court’s decision and the provisions of the Bankruptcy and PKPU Law, particularly Articles 268, 280, 281, and 289, as the peace proposal was denied and the voting process failed to meet quorum. Based on the results and conclusion of the study, it is concluded that the judges’ ruling in this case contains legal errors and is considered an obscure libel, thus not in accordance with bankruptcy law principles.
PENERAPAN DOKTRIN ULTRA VIRES DALAM KASUS PRODUKSI DAN DISTRIBUSI GARAM (STUDI PT SUMATRACO LANGGENG MAKMUR SURABAYA): The Application Of Ultra Vires Doctrine In Salt Production And Distribution Cases (Study Pt Sumatraco Langgeng Makmur Surabaya) Rais Zaidan Rizqullah; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23018

Abstract

The main company organ in managing the company is the board of directors. The board of directors has the responsibility to manage the company in the interests of the company as regulated in Article 92 of Law Number 40 of 2007. The problem are regarding the application of the Ultra Vires doctrine in the case of the production and distribution of PT Sumatraco Langgeng Makmur salt as well as regarding the responsibilities of the directors in the case PT Sumatraco Langgeng Makmur salt production and distribution based on concerning Limited Liability Companies. The research method was carried out with a normative juridical type, descriptive in nature, using secondary data, analyzed qualitatively and concluded using a deductive method. The result research and conclusion is, application of the ultra vires doctrine in this case is related to the proven actions taken by the directors exceeding and outside their authority in Article 3 of the company's articles of association in clause on company's aims and objectives and contrary to Article 92 of Law Number 40 of 2007. As an alternative step, shareholders can use Article 61 of concerning Limited Liability Companies to file a civil  if they feel disadvantaged by decision of GMS, Directors or Board of Commissioners.
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN PADA KSO PERTAMINA EP – SAMUDRA ENERGY BWPMERUAP DI KABUPATEN SAROLANGUN JAMBI: Corporate Social And Environmental Responsibility of the KSO Pertamina EP – Samudra Energy BWPMeruap in Sarolangun Regency, Jambi Ifsaa Aaliya Saheera; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23995

Abstract

Article 74 of Law Number 40 of 2007 on Limited Liability Companies mandates that Companies that carry out their business activities in the field and/or related to natural resources are required to implement Social and Environmental Responsibility. The problems discussed in this study are how the implementation of Social and Environmental Responsibility is carried out by KSO Pertamina EP – Samudra Energy BWPMeruap and the obstacles in implementing the Social and Environmental Responsibility. The type of research used is normative legal research using secondary data and supported by primary data in the form of interview. The nature of this reserach is descriptive by conducting qualitative analysis and drawing conclusion deductively. Based on the result of the analysis of the Corporate Social and Environmental Responsibility carried out by KSO Pertamina EP – Samudra Energy BWPMeruap has been implemented but has not been optimal, due to legal and non-legal obstacle.
TANGGUNG JAWAB KURATOR ATAS KELALAIAN DALAM PENCATATAN DAFTAR HARTA PAILIT DEBITOR: Responsibility of Curator for Negligence in Recording the List of Debtor's Bankrupt Assets Adinda Intan Amara Dewi; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24302

Abstract

Bankruptcy is when the debtor loses the right to manage all of his assets, then the curator will become the debtor's guardian to complete all of the debtor's obligations. When carrying out his duties, the curator often negligently records the list of bankrupt assets by not using original receipt or document.  The identification problem is the responsibility of the curator in the event of negligence in the process of recording the list of assets of bankrupt debtors according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which states that the object of the creditor's dispute can be included in the bankrupt estate by the curator can be considered as negligence of the curator in recording the list of assets of bankrupt debtors by Law concerning Bankruptcy and Suspension of Debt Payment Obligations.  Method used by the author in the research is normative, descriptive by concluding using deductive logic. The results and conclusion of this study are that curator is responsible for his negligence through Article 72 of the UUK with a claim for compensation based on Article 1365 of Civil Code and Panel of Judges should not ignore the evidence of the confession .
Co-Authors Adinda Intan Amara Dewi Adrian Winata Aime Qothrunnada Fabian Ajie Dharmaputra Alya Nabita Az-zahra Diouf Dihyan Gantari Munif Dita Tania Pratiwi Eric Vincent Hana Muthiah Salsabilah Ifsaa Aaliya Saheera Intan Naila Fadhillah Irindita Tiarasari M. Pasha Arifin Nusantara Mahdaniah Malaka Hirarki Rajasa Monica Hendrawan Muhammad Eka Anugra Muhammad Farrell Raffee Denli Ramiro Rais Zaidan Rizqullah Richo Andriyanto Victor Alexander Sewu Winda Gadis Sukardi