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Juridical Analysis Of Creditor Protection Related To The Transfer Of Property In Bankruptcy Proceedings By Debtors Rasji Rasji; Jeane Neltje Saly; Stefani Widyastuti
Journal Research of Social Science, Economics, and Management Vol. 3 No. 1 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v3i1.505

Abstract

This study examines problems related to legal protection of creditors caused by debtors transferring their assets when applying for bankruptcy and regulations in the Bankruptcy Law so that they can become a legal umbrella for creditors to obtain their receivables. The research approach used in this study is a statutory approach (statue approach) with a type of normative juridical research. The sources of legal materials used are primary and secondary sources of legal materials. The technique of collecting legal materials used is library research. Validity uses theory triangulation and concept triangulation. The Bankruptcy Law essentially regulates in the event that debtors transfer their assets when they are filed for bankruptcy through a mechanism called Actio Pauliana. However, the Actio Pauliana mechanism contained in Article 41 of the Bankruptcy Law still has several shortcomings, including: First, Refusal due to differences in perception between judges to identify debtors' actions as fraud; Second, the judicial jurisdiction authorized to adjudicate Actio Pauliana's suit; Third, the lack of participation from parties, such as: customers, police, prosecutors, or banks due to incomprehension of the Bankruptcy Law.
Legal sanctions against members of the National Police who Abusing Narcotics at Bengkulu Police Station Anggi Pratiwi; Jeane Neltje Saly
Asian Journal of Social and Humanities Vol. 1 No. 11 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v1i11.66

Abstract

Today narcotics crime is seen as a crime that is an enemy of humanity, therefore countries in the world including Indonesia continue to struggle to eradicate this crime. The issues raised in writing this thesis are Law Enforcement Against Members of the Police Who Abuse Narcotics and Psychotropics, how to regulate and Criminal Sanctions against the National Police who commit Narcotics Crimes, and how to apply criminal sanctions and a code of ethics to the National Police as perpetrators of Narcotics Crimes. The research method used in this paper is the normative juridical research approach. The normative juridical method in which this research examines the literature or secondary data which includes books and legal norms contained in statutory regulations, legal principles, legal rules and legal systematics and also examines the provisions of statutory regulations and legal materials others. From this research it can be concluded that 1) The process of law enforcement against members of the police who are caught in cases of criminal acts of narcotics abuse is in accordance with the applicable laws and regulations, in which in the process all people are equal in the eyes of the law, even in law enforcement the suspects is a member of the police, the sentence can be more severe. This is because the suspect is a law enforcement officer who should carry out a position order to fight narcotics, but the suspect is involved in a criminal case of drug abuse. 2) The process of enforcing the police professional code of ethics against members of the police who are caught in criminal cases of narcotics abuse in fact has not been carried out properly where the police do not immediately take firm action against members who are caught in criminal cases of narcotics abuse, as if the police are still protecting their members and are considered after their members have tried in general court and found guilty of committing a narcotic crime.
Analysis of Limited Liability Company Supervision in Indonesia Ria Veronica; Jeane Neltje Saly
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 11 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i11.141

Abstract

This article discusses the supervision of Limited Liability Companies (PT) in Indonesia. PT is a legal entity established through an agreement and conducts business activities with divided capital in the form of shares. The article explains that supervision is carried out to ensure that PT operates in accordance with applicable laws and regulations. PT has characteristics such as separation between the company and its owners, the ability to sue and be sued on behalf of the company, and the right of shareholders to file lawsuits related to ultra vires acts. The article also explains that the requirements for establishing PT in Indonesia have undergone changes, where now PT can be established by one person and can also be operated by one person. The establishment of PT involves providing information such as the company's name, registered address, duration of establishment, purpose and objectives, business activities, capital, shareholders, and founder's data. PT must obtain legal status from the Ministry of Law and Human Rights to be recognized as a legal entity. Failure to obtain approval from the Ministry will result in PT being treated as a partnership or non-legal entity. The Ministry of Law and Human Rights has the authority to revoke the license of PT. Financial and tax supervision of PT is the responsibility of the Ministry of Finance. If the license of PT needs to be revoked, it must go through the Ministry of Law and Human Rights
Notary Responsibility for Loss of Land Title Due to Notary Negligence Risko Fitriano; Jeane Neltje Saly
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 11 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i11.142

Abstract

This article discusses the notary's responsibility for the loss of land certificates due to the notary's negligence. This research uses normative or literature research methods by analyzing relevant laws and regulations regarding the authority and responsibilities of notaries. The research results show that notaries have civil liability for losses caused by negligence or deliberate action in carrying out their duties. This civil liability includes reimbursement of costs, compensation and interest to the party who feels aggrieved. Notaries also have a professional code of ethics that regulates their duties and responsibilities, including the obligation to safeguard the interests of related parties and act with integrity. In the case of loss of a land title certificate, the notary must be responsible for the documents entrusted and may be subject to civil sanctions if negligence occurs.