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All Journal Jurnal Bestari Yustisia SALAM: Jurnal Sosial dan Budaya Syar-i Arena Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Jurnal Ilmiah Hukum LEGALITY Journal of Community Service and Empowerment Community Empowerment Indian Journal of Forensic Medicine & Toxicology Audito Comparative Law Journal (ACLJ) Jurnal Dedikasi Hukum Jurnal Hukum Pelita Satya Dharma: Jurnal Ilmu Hukum AJCD
Rahayu Hartini
Universitas Muhammadiyah Malang, Malang, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Curator's legal efforts in executing state-owned enterprise assets in bankruptcy Rahayu Hartini
AMCA Journal of Community Development Vol. 1 No. 2 (2021): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v1i2.65

Abstract

The task of the Curator in Bankruptcy is to administer and settle the bankruptcy estate. It is also the curator who must carry out the execution of the bankrupt assets. In practice, it is not easy, and there are several obstacles faced, especially when the debtor in bankruptcy is a Limited Liability Company in the form of a State-Owned Enterprise Persero. Until now, there are no assets of BUMN PT Persero (in bankruptcy) that can be executed. The purpose of this study is to find out how the execution of assets of P.T. Kertas Leces Persero (in bankruptcy) and what the curator’s efforts are about it. Theresearch is juridical empirical. The results of the study show: There are two stages of asset execution— management and settlement of bankrupt assets. However, there are still obstacles, both internal and external, with considerable government intervention. The curator’s efforts to deal with these obstacles are by sending letters to all relevant agencies, taking an inventory of the assets and legal documents belonging to P.T. Kertas Leces Persero, which are needed in the process of executing the bankruptcy assets.
Implementation of bankruptcy instruments as a final means of overcoming the impact of the Covid-19 pandemic in Indonesia Rahayu Hartini; Briliawan Gama Rahmatullah; Ahmad Dzulfiqar Hibatullah Putra; Mohammad Faisal Jamaludin Malik; Mohammad Hanif Furqan Aufa Putra
AMCA Journal of Community Development Vol. 2 No. 2 (2022): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v2i2.180

Abstract

This study aims to provide contributions and ideas in the form of efforts to prevent bankruptcy for debtors / companies affected by the COVID-19 pandemic. This is a normative juridical law research with a conceptual approach and legislation. Primary and secondary legal materials are analyzed in terms of their content. The results of the research and legal discussion show that Bankruptcy is the last legal effort in overcoming the Covid-19 pandemic in the event that the company experiences debt repayment difficulties (defaults). Efforts that can be made are by: Optimizing the application of Business Sustainability Principles; The Covid-19 pandemic is the reason for Force majeure, the importance of restructuring and renegotiation mechanisms by debtors and creditors through Postponement of Debt Payment Obligations, and Bankruptcy is the last legal remedy (ultimum remedium).
Executorial principles in international arbitration awards in the Indonesian legal system Rahayu Hartini; Windi Argiatmoko; Mohammad Faisal Jamaludin Malik; Ahmad Dzulfiqar Hibatullah Putra; Mohammad Hanif Furqan Aufa Putra
AMCA Journal of Community Development Vol. 3 No. 2 (2023): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v3i2.232

Abstract

International arbitration awards in practice do not always run smoothly in carrying out their executions, so there is a need for affirmation of regulations both fundamentally or the principles and regulations. That is the background why this needs to be studied. So the legal issues in the research are: How is the power of the executive principle in international arbitration decisions in terms of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 1999 concerning Procedures for Implementing Foreign Arbitration Awards? The problems that arise in carrying out the execution of foreign arbitration awards in Indonesia?. This study uses a normative juridical research method using a doctrinal legal approach, which analyzes laws and regulations, legal theories, doctrines, legal principles, which are analyzed in the form of descriptions. The results of the study show that: basically the legal force of an international arbitral award which is final, binding and legally binding remains the same as a court decision that has permanent legal force. What makes the difference is that an international arbitral award does not have executive power before the award is registered and requested for executorial fiat at the Central Jakarta District Court. The problem that often arises in Indonesia is the use of reasons for decisions that are contrary to public order (public policy) to refuse the execution of decisions. So that in such circumstances the international community sees it as a legal uncertainty.
Co-Authors Ageng Supadi, Rani Tri Ahmad Dzulfiqar Hibatullah Putra Amir Syarifuddin Arief, Muhammad Briliawan Gama Rahmatullah Deva, Ahmad Dimas Putra Fadilla Muhammad Mahdi Fatimah Azzahra Jamik Imam Utomo Kurniawan, Wahyudi Moh.Ali, Hasani Mohammad Faisal Jamaludin Malik Mohammad Hanif Furqan Aufa Putra Muhammad Luthfi Mulyawati, Delia Patma, Tundung Subali Permana, Adi Pramesti, Yashinta Chindy Rahma, Tannasya Putri Saputra, Reynald Dimas Saputra, Septiadi Satrio Noto Negoro, Muhammad Setiya Nugroho Tinuk Dwi Cahyani Wahyu Prihanta Windi Argiatmoko Yunita, Aryani Zahra, Ashila Zainuri, Ach. Muhib