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Vera Wheni Setijawati Soemarwi
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DAMPAK PELAKSANAAN PILKADA DI KABUPATEN NIAS SELATAN DI MASA PANDEMI COVID-19: TINJAUAN YURIDIS UNDANGUNDANG NOMOR 2 TAHUN 2020 TENTANG KEBIJAKAN KEUANGAN NEGARA DAN STABILITAS SISTEM KEUANGAN UNTUK PENANGANAN PANDEMI COVID-19 Titah Ndruru; Vera Wheni Setijawati Soemarwi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17131

Abstract

Simultaneous Pilkada in the midst of a pandemic raises legal problems in relation to aspects of health and democracy. The problem is the extent to which the Government considers the choice between protecting public health in the South Nias Regency area with the replacement of the Pilkada in the South Nias Regency area and how the impact of the Pilkada in South Nias Regency during the Covid-19 pandemic will be. The research method used is a normative juridical research method. The results of the study indicate that in the implementation of the 2020 Pilkada in the midst of the Covid-19 pandemic in South Nias Regency, the Government always considers aspects of health protection for the community by always adhering to health protocols. Pilkada should not ignore public health and security, which are far more important than democratic parties in the context of changing regional head elections. The impact of the Pilkada in South Nias Regency during the Covid-19 pandemic includes the mandate of regulations that are in effect still being implemented, the constitutional rights of Pilkada participants and the community are still fulfilled, reducing the practice of local government leadership which is led by too many temporary officials, preventing budget swelling, while The negative is the risk of COVID-19 transmission is higher, the potential for fraudulent practices is increasingly vulnerable, the refusal of the Regional Head Election has the potential to increase the number of abstentions.
IMPLIKASI YURIDIS PUTUSAN PKPU PERUSAHAAN ASURANSI JIWA KRESNA DALAM PUTUSAN NOMOR 389/PDT.SUS-PKPU/2020/PN.NIAGA.JKT.PST Evelyne Julian Halim; Vera Wheni Setijawati Soemarwi
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Suspension of Payment (PKPU) is a concept in commercial law, which allows a debtor who has goodintentions to submit an application which in essence postpones his obligation to pay his debts. Basedon the provisions of Article 223 juncto Article 2 paragraph 5 of the Law Number 37 of 2004 onBankruptcy and Suspension of Debt Payment (UK-PKPU), an insurance company’s PKPU applicationmay solely filled under the Minister of Finance. However, with the establishment of the FinancialService Authority (OJK), the authority to apply for PKPU of insurance companies has shifted to theauthority of the OJK, as it stated in Law Number 21 of 2011 on OJK. This is also stated in Article 50of Law Number 40 of 2014 on Insurance. However, Verdict of Central Jakarta Commercial CourtNumber 389/Pdt.Sus-PKPU/2020/PN Niaga.Jkt.Pst submitted by the Kresna Life Insurance customerwas granted by the judge, based on the considerations of Article 53 paragraph 2 of the Law Number40 of 2014 on Government Administration, which regulates fictitious approval. Of course, this decisionhas implications for the execution of payments by the Kresna Life Insurance Company as agreed by thecustomers during reconciliation. In addition, this decision has caused legal uncertainty about theinstitution authorized to apply for PKPU against insurance companies. The use of the legal basis bythe judge in granting the decision is a legal error, because UUK-PKPU applies specifically so that thelex specialis derogat legi generali principle applies.