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Rizka Rahmawati
Fakultas Hukum Universitas Udayana, Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan Rizka Rahmawati
SASI Vol 25, No 2 (2019): Volume 25 Nomor 2, Juli - Desember 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i2.217

Abstract

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.
Implementasi Kewajiban Notaris untuk Melekatkan Sidik Jari Para Penghadap pada Minuta Akta Rizka Rahmawati
SASI Vol 25, No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.138

Abstract

The unclear setting regarding the notary's obligation to attach the fingerprints of the viewers influences the implementation of these provisions. There is a vagueness of norms against the provisions of Article 16 paragraph (1) letter c UUJN-P because they are not explained in detail. In addition, there is also a norm conflict in Article 16 paragraph (1) letter c UUJN-P with Article 38 paragraph (4) UUJN-P number 2 concerning attachment of fingerprints. The problem is whether the background of the notary's obligation to attach fingerprints to the receipt of the deed, how is the procedure for carrying out the obligation of the notary in attaching fingerprints to the deed of the deed, and the legal consequences of the deed and notary the fingers of the viewers on the minuta deed based on UUJN-P jo. UUJN. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. The obligation of the notary to attach the fingerprint of the face in the background with the aim of anticipating if at any time the viewers deny their signature to the Minutes of Deed and this is an attitude of caution. In addition, regarding the procedure of implementation, regarding the obligation of the notary to attach fingerprints using the thumb/left thumb stamp and made on a new sheet or additional width. Normatively not attaching fingerprints does not give effect to the position of the certificate, the deed of the Notary is still valid and binding and has the power of proof that is perfect. For a Notary who does not carry out the obligation to attach a fingerprint to the Minute of Deed, the Notary may be subject to administrative sanctions.
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