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All Journal Yustisia Jurnal Dinamika Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM Pembaharuan Hukum Privat Law Jurnal Bina Mulia Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Yudisial Yuridika LamLaj Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Tata Wijayanta
Fakultas Hukum Universitas Gadjah Mada Jl. Sosio Yustisia No. 1 Bulaksumur, Yogyakarta 55281
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Practice of Applying Affidavits in Bankruptcy Law and Postponement of Debt Payment Obligations Rado Fridsel Leonardus; Alexander Yovie Pratama Yudha; Tata Wijayanta
Unnes Law Journal Vol. 9 No. 2 (2023): October, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i2.37204

Abstract

Civil law regulates the means of evidence as outlined in Article 1866 of the Civil Code/Article 164 HIR/Article 284 RBg which consists of written evidence, witness evidence, allegations, confessions and oaths. The existence of an Affidavit certainly makes it easier to resolve a Civil Case, especially in cases regarding Bankruptcy and Postponement of Debt Payment Obligations. The existence of an Affidavit is one aspect that confirms that the process of proving a legal problem in Indonesia is undergoing adjustments in line with the very rapid development of law in this Era of Globalization. The application of Affidavits in Bankruptcy and PKPU legal processes is important in their development. This research uses Normative Legal Research using the method of the Statute Approach. Article 299 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that the procedural law that applies in resolving Bankruptcy cases and Postponement of Debt Payment Obligations is Civil Procedure Law. Written evidence is significant in the Bankruptcy Law and PKPU process, although the process still prioritizes simple evidence. Affidavit is a written statement by someone who is considered an expert containing an explanation of a particular event object, which is then signed and submitted as written evidence in the trial. In Indonesia, an Affidavit cannot be classified as an Authentic Deed and does not have perfect evidentiary properties, but an Affidavit can be used as ordinary documentary evidence to support other evidence and help judges decide Bankruptcy & PKPU cases efficiently in order to support a simple evidentiary process and considering the short examination time.
Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System Sujayadi, Sujayadi; Wijayanta, Tata; Herliana
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.43835

Abstract

It is necessary to facilitate an easy access to the courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court, so that weaker parties can easily access the courts. In Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of the courts. This article will elaborate those regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to the Indonesian courts. Statutory approach with reference to the general principles of the court personal jurisdiction and the principles of access to justice for the weaker parties will be employed. This article finds that some regulations related to the court personal jurisdiction in Indonesia provide protection to the weaker parties by allowing them to submit their claim to the court where they reside against the counterparty. However, lack of consistency may hinder the implementation.
Co-Authors Adistia, Sheva Trisanda Alexander Yovie Pratama Yudha Ari Hernawan Ari Hernawan Destri Budi Nugraheni Erma Defiana Putriyanti Erma Defiana Putriyanti Faizin Sulistio Fajri Matahati muhammadin Haniah Ilhami Hapsari, Recca Ayu Hapsari Hasrul Halili Herliana Herliana Herliana Hery Firmansyah Hery Firmansyah Irna Nurhayati Kunthoro Basuki Leonardus, Rado Fridsel NOVITASARI Novitasari Novitasari Rado Fridsel Leonardus RB. Sutanto Retno Supartinah Rizky Wirastomo Sandra Dini Febri Aristya Sandra Dini Febri Aristya Sheva Trisanda Adistia Stanislav Vladimirov Mladenov Sugiri, Bambang Sujayadi ., Sujayadi Sukarmi Yonatan Yudha, Alexander Yovie Pratama