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All Journal Masalah-Masalah Hukum LAW REVIEW JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Sriwijaya Law Review Hasanuddin Law Review Undang: Jurnal Hukum Jurnal Yudisial SIGn Jurnal Hukum Jurnal Hukum Bisnis Journal of Judicial Review Justisi : Jurnal Ilmu Hukum Global Legal Review Notary Journal Locus Journal of Academic Literature Review Indonesia Law Review (ILREV) Enrichment: Journal of Multidisciplinary Research and Development Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal Hukum dan Pembangunan Jurnal Ilmiah Pengabdian Kepada Masyarakat (Nyiur-Dimas)
Jur. M. Udin Silalahi
Fakultas Hukum Universitas Pelita Harapan
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The Position of Collateral Assets Owned by Third Parties in the Management and Administration of Bankruptcy Assets Sitanggang, Rufina Astuti; Silalahi, Udin; Ginting, Jamin
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.8746

Abstract

Collateral serves as a guarantee for debt, with third parties often acting as guarantors or providing collateral that is not the debtor’s asset. When debtors file for bankruptcy, they may include third-party assets as collateral. The issue arises when these third-party assets are listed as bankruptcy assets, leading to conflicting court decisions—some include them as part of bankruptcy assets, while others do not. This dualism undermines legal certainty. The purpose of this research is to analyse the regulation regarding the position of collateral assets belonging to third parties in the management and administration of bankruptcy assets in Indonesia; the application of arrangements regarding collateral assets owned by third parties in the management and administration of bankruptcy assets in Indonesia; and legal certainty regulated over collateral assets belonging to third parties in bankruptcy in Indonesia. This research uses normative-juridical research with a statutory and conceptual approach with the analytical tools of agreement theory, legal certainty theory, and legal protection theory. Regulations regarding these issues are contained in Article 21 of Law Number 37 of 2004 and the guarantee agreement as an accessory agreement, Law Number 4 of 1996, Law Number 42 of 1999 and Book II and Book III of the Civil Code. The application of collateral payments owned by third parties in Indonesia's bankruptcy assets management and administration is currently has dualism. Pointing out that there are decisions that either declare collateral assets as bankruptcy assets or not, based on allegations and suspicions about ownership and the intention to accelerate the management and administration process. To address this, Article 21 of Law Number 37 of 2004 should be amended to clarify that bankruptcy assets are the assets of the bankrupt debtor and that collateral assets belonging to third parties are not included in bankruptcy assets as an affirmation of the previous provision.
Violation Analysis on Competitor Sliding Program in the Case of PT Arta Boga Cemerlang (ABC Battery) Salim, Hartono Agus; Elsa, Elsa; Gymnastiar, Rigan; Silalahi, Udin
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 12 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i12.327

Abstract

Violations in the Competitor Sliding Program at PT Arta Boga Cemerlang refer to actions that are contrary to business rules and ethics, which aim to unlawfully defeat or harm competitors. The case of PT Arta Boga Cermerlang (ABC Battery) as the Reported Party can be a clear example of violation of the principle of fair business competition, as regulated in Law Number 5 Year 1999. This study employs a legal analysis method to investigate the violations committed by PT Arta Boga Cemerlang (ABC Battery) within the framework of competition law in Indonesia. In this case, PT Arta Boga Cemerlang is proven to have committed unfair business competition practices by entering into a closed agreement that discriminates against products from competitors through exclusive cooperation that provides special benefits to PT Arta Boga Cemerlang's partners. This practice violates Article 15 Paragraph 3 (Closed Agreement) and Article 19 letter (a) (Discrimination) in Law No. 5 Year 1999. Companies that have a dominant position can discriminate in providing services to customers or distributors. Discussing this case in a paper provides an opportunity to analyze how competition law is applied in the context of a market economy, as well as how violations like this can undermine a fair market ecosystem. In addition, the case is also relevant for understanding the challenges of enforcing fair competition principles in a simple and clear manner.
Paradoks PKPU sebagai Instrumen Perdamaian yang Berujung Kepailitan pada Kasus PT Alamsari Lestari Silalahi, Udin; Yap, Abigail Angeline; Maharani, Aurelia Gisa; Putri, Rafirstka Madyah; Nevada, Valonia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 4 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

This study examines the legal analysis of the fulfillment of formal and material requirements in the voluntary petition for Suspension of Debt Payment Obligations filed by PT Alamsari Lestari. The research is based on the decision of the Commercial Court at the Central Jakarta District Court Number 137/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst and the provisions of Law Number 37 of 2004 concerning Bankruptcy and the Suspension of Debt Payment Obligations. The findings indicate that PT Alamsari Lestari has fulfilled both formal and material requirements for submitting a voluntary petition. Formally, the company obtained approval from the General Meeting of Shareholders (RUPS) and submitted the petition in accordance with procedural rules. Materially, PT Alamsari Lestari was proven to have debts to more than one creditor, with obligations that had fallen due and could be claimed. The court’s consideration in granting the petition serves as a preventive measure to avoid bankruptcy and allows the company to restructure its debts through a legally supervised peace plan. This case reflects how the Suspension of Debt Payment Obligations functions as an instrument to balance the interests of debtors and creditors under Indonesian bankruptcy law.
QUASI-VERTICAL INTEGRATION MODEL IN PARTNERSHIP OF SMES (SMALL MEDIUM ENTERPRISES) AND THE ROLE OF COMPETITION COMMISSION IN EU AND INDONESIA Hernayanto, Yayan; Toha, Kurnia; Silalahi, Udin
Indonesia Law Review Vol. 14, No. 4
Publisher : UI Scholars Hub

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Abstract

Partnerships between large and small companies should not be imagined as David and Goliath, enemies of each other. However, partnerships between large and small business actors are a mutually beneficial synergy. Partnerships with Small and Medium Enterprises (SMEs) are not charity activities that prevent them from growing strongly. Guidance and assistance need to be provided so that they grow with a strong foundation. Both parties must agree to a fair transaction scheme, trade terms, and clauses that sustain this partnership and not cause SMEs to go bankrupt. Quasi-Vertical Integration is a model for conducting transactions in the manufacturing industry. This article is compiled using a doctrinal research method, namely analyzing the implementation of partnership regulations in Indonesia in the context of partnerships with the Automotive Industry (OEM), as well as examining the role of the Competition Supervisory Commission (KPPU) in Indonesia, which has been given the authority to oversee this partnership. More specifically, this article discusses and presents several points: first, how good partnership protection in Indonesia and the EU protects SME businesses; second, how the partnership pattern of SMEs in the automotive sector between Quasi-Vertical integration and quasi-rent is implemented as Vertical Integration; Finally, how the KPPU in Indonesia uses its authority in considering supervising partnerships and its comparison with the EU. As a conclusion in this article, mandatory partnerships in Indonesia are implemented based on the OSS (Online Single Submission) requirements in the registration or licensing of investment. Voluntary Partnerships are agreements between Parties that are equal with the principle of mutual need and mutual benefit. The partnership pattern of SMEs in the automotive sector between Quasi-Vertical integration and quasi rent is implemented as Vertical Integration which is not prohibited by Indonesian competition law. KPPU must encourage voluntary partnerships by Business Actors and SMEs as a more appropriate approach to developing Partnerships
The Urgency of Applying Insolvency Test on General Corporate Bankruptcy under the Regime of Law Number 37 of 2004 Silalahi, Udin; Lo, Adeline; Chen, Natasya Edgina; Baretta, Nicole
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.541

Abstract

Unlike the financial sector, which has been modernized through Law Number 4 of 2023, the bankruptcy regime for general corporate entities in Indonesia remains confined to formalistic requirements. This is rooted in Article 2 section (1) of Law Number 37 of 2004, which adopts the principle of presumption of insolvency, allowing a company to be declared bankrupt with merely two creditors and one matured debt. This process may occur without a material assessment of financial condition. This condition creates a legal loophole that allows creditors to misuse bankruptcy instruments as an aggressive debt-collection tool. This practice can result in solvent companies being terminated, as evidenced by the case analysis of PT Sritex, which was ultimately declared bankrupt. This study aims to analyze the urgency of applying the insolvency test as a substantive requirement for general corporate bankruptcy. Furthermore, this research examines the juridical obstacles to its implementation within the commercial court system. The research method employed is normative legal research using statute, conceptual, and comparative approaches regarding the Insolvency Act 1986 (UK) and the Bankruptcy Code (US). The results conclude that the primary obstacle to adopting the insolvency test is the conflict with the principle of summary proof (sumir) in Article 8 section (4) of Law Number 37 of 2004. Therefore, this study recommends legal reform through a hybrid approach. This model combines the cash flow test as an entry point and the balance sheet test as a defense mechanism. Another recommendation is the shifting of the burden of proof to the debtor to prove its solvency. This step aims to realize economic justice and prevent premature bankruptcy.
Co-Authors Abdul Latif Agustini, Shenti Ahmad, Faradina Banke, Ricky Baretta, Nicole Beatrix Tanjung Carissa Christybella Wijaya Chen, Natasya Edgina Claudia Claudia Daryono, Julius Wahyu Dian Parluhutan elsa, elsa Fitriah, Siti Nimah ginting, sryani Gymnastiar, Rigan Henry Soelistyo Budi, Henry Soelistyo Hernayanto, Yayan Isabella Cynthia Edgina Jamin Ginting Jonker Sihombing Kurnia Toha Kurniawan, Alvin Leonardo Leonardo Lo, Adeline Lu Sudirman M. Hadi Shubhan Maharani, Aurelia Gisa Micheline Hendrito Monica Patricia Aripratama Nevada, Valonia Priskilla Chrysentia Putri, Rafirstka Madyah Putri, Sheila Aliya Salim, Hartono Agus Setiadi, Edwin Siahaan, Albert Sibuea, Hengki M. Sihombing, Andy Tonggo M. Sinaga, Japansen Sitanggang, Rufina Astuti Sitorus, Rolib Tobing, Christina NM. Tranggono, Emiral Rangga Yap, Abigail Angeline