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. Maryano

Unknown Affiliation

Author-ID : 4061719

Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document

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Articles

The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal . Yuhelson; . Maryano
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors

The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System . Maryano; . Yuhelson
The Southeast Asia Law Journal Vol 2, No 2 (2017)
Publisher : Postgraduate of Jayabaya University

Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.Keywords: Corporate crime of law politics, legal standing, subject crime of law.

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