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Adriel Michael Tirayo
Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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Problematik Definisi Harta Pailit untuk Mencapai Kepastian Hukum dalam Pelaksanaan Kepailitan dan PKPU Adriel Michael Tirayo; Yoefanca Halim
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2963

Abstract

A legal product is expected to realize 3 legal purposes, which is Justice, Expediency and Legal Certainty. The definition of bankrupt assets is not mentioned implicitly in the Bankruptcy Law, that can lead to multiple interpretations. In practice, it happened in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst for the bankruptcy of PT. Tripanca Group, due to the absence of clear provisions relationg to bankruptcy assets. In this case, the problem to be answered is how is the implementation of bankrupt assets definitions in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst and the efforts that can be made related to the implementation of bankrupt assets definitions. This research used normative juridical method through literature study, then the data has been analized qualitatively and conclusions are drawn inductively. The results showed that the definition of "bankruptcy assets" in practice led to multiple interpretations as contained in the court judgement Number 33/Pailit/2009/PN.Niaga.Jkt.Pst, where the judge also included assets that did not belong to the debtor (third party collateral) into assets bankruptcy as a guarantee of repayment of debt. Therefore, efforts that can be made by the government are to revise the Bankruptcy Law, specifically related to the definition of Bankruptcy Assets to provide Legal Certainty and to disseminate information to legal entities, non-legal entities, and the public so as to gain understanding and knowledge related to Bankruptcy and PKPU in particular about bankruptcy assets.
Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali Hardy Salim; Yoefanca Halim; Adriel Michael Tirayo
Jurnal Ilmiah Penegakan Hukum Vol 6, No 2 (2019): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v6i2.2961

Abstract

A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.
Co-Authors Hardy Salim Yoefanca Halim