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All Journal Arena Hukum Sriwijaya Law Review Jurnal Masyarakat Merdeka (JMM) Media Iuris Notaire Enrichment : Journal of Management HUKUM BISNIS Jurist-Diction Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Global Legal Review Indonesia Law Review (ILREV) Jurnal Hukum dan Peradilan RechtIdee Jurnal Hukum dan Pembangunan
M. Hadi Shubhan
Universitas Airlangga
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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FENOMENA HUKUM PENGAJUAN KEPAILITAN TERHADAP PENGUSAHA OLEH PEKERJA KARENA HAK PEKERJA YANG TIDAK DIBAYAR PENGUSAHA Shubhan, M. Hadi
Jurnal Hukum & Pembangunan Vol. 50, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examined industrial relations in Indonesia regarding workers’ tendency to use bankruptcy legal instruments by filing bankruptcy against the related company over their unpaid rights (wages and severance). In the normal course of completion, workers will take legal action through industrial relations dispute settlement, which is characterized by pure civil law in defending their unpaid rights. However, legal remedies through industrial relations dispute settlements are often ineffective due to various causes and backgrounds. This study found that there was an alternative use of legal remedies by workers in fighting for their unpaid rights by filing bankruptcy against the related company, which was more effective than taking legal measures to resolve industrial relations disputes. The legal remedies in the form of bankruptcy used by workers to achieve their unpaid rights are possible in bankruptcy law and labor law in Indonesia.
Prinsip Sistemik Lembaga Perdamaian PKPU Untuk Mencapai Nilai Keadilan Suci, Ivida Dewi Amrih; Shubhan, M. Hadi; Poesoko, Herowati; R. Murjiyanto; Zahir, Mohd Zamre Mohd; Sudiyana
Media Iuris Vol. 7 No. 2 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i2.55386

Abstract

Systemic principles serve as the basic basis for thought and action processes, representing interconnected elements that contribute to the formation of a comprehensive whole. Bankruptcy law is a special and special law, regulated in Articles 222 to 294 of the Bankruptcy Law and PPU, PKPU is a legal peace institution whose operational elements include deciding judges, administrators, supervisory judges, debtors, creditors, and additional elements in the PKPU institution that are guarantors if provided. Systemically, these elements are interrelated both within their own elements and with theoretical elements, namely the Ideal elements (about meaning) and the actual elements. According to Article 287 of the Bankruptcy Law and PKPU Jo Article 282 of the Bankruptcy Law and PKPU, PKPU has a final and binding decision, but it is limited, and its decision is only related to the minutes of the meeting. The verdict still has legal consequences if violated. The author's motivation is to analyze systemic principles in the legal framework of PKPU peace institutions with the aim of upholding the principle of justice. The analysis methodology used is the legal system theory developed by Kees Schuit, focusing on the Ideal, Operational, and Actual elements. In addition, it incorporates three basic principles outlined by Gustav Radbruch – Certainty, Benefit, and Justice. The results of this study contribute prescriptive value to the field of law, especially in bankruptcy law.
Legal Protection Towards Public Companies from Bankruptcy Tranggono, Emiral Rangga; Silalahi, Udin; Shubhan, Hadi
Global Legal Review Vol. 4 No. 2 (2024): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v4i2.8365

Abstract

Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UU KPKPU) only requires the provision that a Bankruptcy/PKPU application to be submitted by one creditor, and that it can be proven that the public company has at least two creditors, one of which is past due. Financial Services Authority (OJK) has the authority to regulate and supervise activities in the capital market field or sector carried out by public companies. OJK should be responsible for providing legal protection for public companies that submit applications for bankruptcy. The research method used is a normative legal research method. The results of this research confirm that Article 55 paragraph (1) of the OJK Law and Article 8 paragraph 4 of Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law) are the legal basis or legal protection that gives the authority to the Financial Services Authority to carry out regulation and supervision of financial services activities in the capital markets sector, where financial services activities in the capital markets sector are also carried out by public companies. There must be rules that are made firmly and explicitly so that the OJK is given responsibility, function and authority in protecting public companies from bankruptcy by carrying out insolvency tests. This means that before a public company is submitted for bankruptcy, the OJK must first carry out an insolvency test to determine whether the public company is in a state of insolvency or is actually in a state of solvency. If the results state that the public company is indeed insolvent, then the OJK must provide a product stating either in the form of a cover letter or a certificate that the public company is suitable for the debtor to submit a bankruptcy petition.
PEMBERDAYAAN KELOMPOK TANI DALAM BUDIDAYA LEBAH MADU HUTAN DI DESA BARENG SAWAHAN KAB. NGANJUK Suheryadi, Bambang; Luqman, Epy M.; Shubhan, M. Hadi
JMM - Jurnal Masyarakat Merdeka Vol 3, No 2 (2020): NOVEMBER
Publisher : Universitas Merdeka Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51213/jmm.v3i2.56

Abstract

Kecamatan Sawahan adalah sebuah kecamatan di Kabupaten Nganjuk,  yang teretak terletak di bagian paling selatan Kabupaten Nganjuk, yang berada di kaki Gunung Wilis dengan alam yang masih terga kelestariaanya dengan suhu udara di daerah ini cukup sejuk yang sangat cocok untuk budi daya lebah madu.   Di Sawahan juga terdapat objek wisata alam berupa air terjun Sedudo sebagai objek wisata yang  cukup terkenal di Jawa Timur.
CHARGING DIRECTOR OF COMPANY WITH PERSONAL BANKRUPTCY FOR COMPANY MISMANAGEMENT Shubhan, M. Hadi
Jurnal Hukum dan Peradilan Vol 8 No 3 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.3.2019.353-370

Abstract

This study aims to examine the theories, regulations, and practices at the commercial court in Indonesia regarding the possibility of charging director of limited liability companies (LLC, Perseroan Terbatas(PT)) with personal bankruptcy as a form of personal liability due to mismanagement causing the company to go bankrupt. This is an interesting issue to study because, in general, the rights and obligations of the company, and specifically LLC in this article, are separated from the rights and obligations of the directors. Therefore, the company’s liability cannot be requested upon its directors’ personal liability. Nonetheless, this general principle is revocable if the director makes an error which causes the company to go bankrupt. This study uses the normative (doctrinal) legal research method with statute approach, conceptual approach, and cases approach. The study results revealed that directors could be asked for personal liability if they create problems which lead to a company going bankrupt. The director's liability comes in the form of the obligation to file bankruptcy for the director him/herself. In this study, several cases were found that punished the director with the director's personal bankruptcy, like in the case of  personal bankruptcy of director  PT QSAR and  in the case personal bankruptcy of director of PT CHK.
Co-Authors Ahmad Munir Herowati Poesoko, Herowati Heru Irianto Irianto, Jusuf Jur. M. Udin Silalahi Kartoningrat, Raden Besse Luqman, Epy M. Maria Clarisa Talia Mustiqo Vitra Ardhiansyah Nur Basuki Minarno Peter Mahmud Marzuki R. Murjiyanto, R. Raissa Virgy Rianda Rama Azalix Rianda Risma Cahya Yudita Pratama Rr. Herini Siti Aisyah Siswandi Hendarta Siswanto Siswanto Suci, Ivida Dewi Amrih Sudarsono Sudarsono Sudiyana Suheryadi, Bambang Tranggono, Emiral Rangga Zahir, Mohd Zamre Mohd Zukhruffiyah Rizqi Addinda