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All Journal Nagari Law Review Jurnal Hukum Adigama
Dixon Sanjaya
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Law, Crime, Criminology & Criminal Justice

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PENGUJIAN FORMIL UNDANG-UNDANG CIPTA KERJA DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 91/PUU-XVIII/2020 Dixon Sanjaya; Rasji Rasji
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.v4i2.17910

Abstract

The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that formal review of unconstitutional Job Creation Law is conditional and still valid with a deadline of 2 (two) years for improvement. The formal examination of the law is aimed at assessing the validity of the process and stages, techniques, and external forms of the formation of laws and regulations. Theoretically a regulation which is declared conditionally unconstitutional in a formal examination does not have binding legal force as a whole. Therefore, it is necessary to conduct research related to the formal review of the Job Creation Law in the Decision of the Constitutional Court Number 91/PUUXVIII/2020 in the perspective of Legislation. The research is juridical normative with a statutory and conceptual approach. Data obtained through literature study in the form of secondary data. All data are processed qualitatively to produce prescriptions for problem solving. The results show that the Constitutional Court's decision stating that the procedure for establishing the Job Creation Law is flawed creates consequences and ambiguity related to the inconsistency of decisions, the indecisiveness of the limits on the suspension of government actions or policies that are strategic and broad in impact, and the unclear improvement of the Job Creation Law and the P3 Law. As a result, the government had to postpone the establishment of implementing regulations for the Job Creation Law, make changes according to the Constitutional Court's decision on the Job Creation Law, and involve the community's active participation in its formation.
Perlindungan Hukum Bagi Debitor Terhadap Pelaksanaan Rencana Perdamaian Penundaan Kewajiban Pembayaran Utang Akibat Pandemi Covid-19 Neysa Tania; Dixon Sanjaya; Jason Novienco
Nagari Law Review Vol 5 No 1 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.1.p.41-58.2021

Abstract

The Covid-19 pandemic has had a negative impact on business in various sectors and is one of the factors that causes the high number of filings for Bankruptcy cases in the Commercial Court. To prevent this, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation provides an opportunity for debtors to apply for suspension of debt payment as an opportunity to pay off their debts. However, in the process of determining the status of the application for suspension of debt payment obligations until the settlement plan for the suspension of debt payment obligations has been homologated, Law Number 37 of 2004 on Bankruptcy & Suspension of Debt Payment Obligation still provides room for creditors with bad faith to cause disadvantages towards the debtor. Therefore, in this paper, the author examines how the legal protection for debtors on the implementation of the suspension of debt payment's peace agreement that is affected by Covid-19. The results show that there is still inadequate legal protection for debtors against suspension of debt payment's peace agreement affected by Covid-19 due to the lack of provisions that can protect debtors in the bankruptcy law and suspension of debt payment obligations
Co-Authors Jason Novienco Neysa Tania Rasji Rasji