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LEGAL PROBLEMS REGARDING DISPUTES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN CORRECTIONS INSTITUTIONS Revanda Bangun; Muhammad Arifin; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5491

Abstract

Procurement goods and services government is part important in operate wheel state administration , including in the environment institution correctional . However , in In practice , this process often face various problems law that triggers dispute . Research This discuss reason main dispute procurement goods and services in the institution correctional , such as mismatch procedure with applicable regulations , misuse​ authority , conflict interests , and minimal transparency . In addition , the obstacles in implementation the rules that are set in Presidential Decree No. 16 of 2018 concerning Government Procurement of Goods/Services participate to worsen situation . The dispute that arose often leading to a long legal process and impacting efficiency organization task socialization . Research This recommend existence improvement supervision , transparency , and implementation sanctions firm For minimize dispute in procurement goods and services in the institution correctional
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Surya Wahyu Danil Juni Harsya Dalimunthe; Triono Eddy; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
SETTLEMENT OF CREDITOR BILL DISPUTES IN THE DEBT PAYMENT POSTPONEMENT PROCESS Muhammad Adli; Ramlan; Ida Nadirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7154

Abstract

There are problems that creditors often have to face in bankruptcy, especially concurrent creditors or ordinary creditors (unsecured creditors), namely to obtain payment of their receivables to debtors who have been declared bankrupt, due to bad faith from the debtor to transfer the assets they own or all efforts by the bankrupt debtor made to hinder the management and settlement of the bankrupt assets (bankruptcy boedel) by the curator. A company, specifically a PT (Limited Liability Company), is unable to pay its debts, and bankruptcy proceedings begin with a creditor filing a petition to the court for past-due bills. Debt restructuring has been the preferred solution for many years to resolve financial problems in a company. Restructuring under a Suspension of Debt Payment Obligations (PKPU) is intended to restructure the debtor's debt payments solely with the goal of restoring the debtor's company to health. Restructuring is more of a rescue measure than a corrective action or permanent fix. One of the legal protections provided by the Bankruptcy Law and PKPU for creditors is the actio paulina, which gives creditors the right to request the cancellation of any legal action not required by the debtor. If a debtor is deemed to have defaulted on a debt repayment agreement with a creditor, they can demand that the agreement be fulfilled, or seek compensation from the defaulting party