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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Journal of Law, Poliitic and Humanities
Agus Apria Widodo
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of the Rights and Obligations of the Parties in the Law of the Agreement Rona Isrofani; Agus Apria Widodo; Alya Tsabita; Aidin Baharudin Yusuf
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5308

Abstract

The research method used is a literature study research system where research is carried out by searching, reading, recording, and analyzing findings in the field related to written sources such as books, journals, archives, articles, or magazines that correlate with the current problem studied. The Deed of Agreement corresponds to the Dutch term overeenkomst or English agreement. Hence, the term contract law. If the term engagement rights are intended to cover all forms of engagement in Volume 3 of the Civil Code, namely legal obligations originating from contracts and legal obligations made by law. This term applies only to contract law. The threat of such penalties from the guarantor of performance is required if the engagement is not fulfilled. With the promise of the threat of punishment, the creditor cannot be separated from the obligation to prove the magnitude of the loss he has suffered. Cancellation of the threat of punishment does not result in the cancellation of the principal engagement.
Nature of Simple Proof as a Condition for Application for Postponement of Debt Payment Obligations and Bankruptcy Against Developers (developers) of Apartments and / or Flats After Supreme Court Circular Letter Number 3 of 2023 Andrew Ardiyanto Dachlan; Ariyanto Hermawan; Hilmy Syaiful Rachmansyah; Agus Apria Widodo; Ivan Ilham Kusuma
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.484

Abstract

The issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2023 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2023 as Guidelines for the Implementation of Duties for the Courts, raises legal problems when correlated with the provisions on the principle of simple proof as a condition for postponement of debt payment obligations and bankruptcy as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations Article 8 paragraph (4). This paper uses normative legal research method with statutory approach and conceptual approach. The results of the research show that the SEMA in question is not a product of legislation and has implications that are not binding in general, only applies to the internal environment of the Supreme Court, but the consequences of the circular letter are guidelines for judges to be able to reject bankruptcy applications and postponement of debt payment obligations against developers (developers) of apartments, flats.
Co-Authors Aidin Baharudin Yusuf Alya Tsabita Andrew Ardiyanto Dachlan Ariyanto Hermawan Hilmy Syaiful Rachmansyah Ivan Ilham Kusuma Rona Isrofani