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All Journal Syntax Idea Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science Jurnal Indonesia Sosial Sains Jurnal Multidisiplin Borobudur Asian Journal of Social and Humanities Constitutum: Jurnal Ilmiah Hukum
Megawati Barthos
Universitas Borobudur
Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Legal Uncertainty in the Application of Simple Proof in Bankruptcy Cases and Suspension of Debt Payment Obligations Rahmad Prasetyo; Megawati Barthos
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.444

Abstract

The Asian monetary crisis of 1997 triggered significant changes in the Indonesian legal system, including the reform of bankruptcy laws marked by the emergence of Law No. 4 of 1998 and later Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This crisis underscored the need for a fair and effective debt resolution mechanism. This research uses a normative juridical approach with descriptive analysis methods to examine the application of the pari passu pro rata partem concept and simple proof in the Bankruptcy Law. The data sources used are secondary data consisting of legislation, legal literature, and related court decisions. The results show that the practice of applying simple proof often leads to inconsistency in judges' decisions because the law does not clearly specify the definition of "simple" in this context. Several cases demonstrate difficulties in simply proving the existence of debts, which ultimately leads to the rejection of bankruptcy petitions. Additionally, the conflict of legal norms between the Bankruptcy Law and the Mortgage Law creates challenges in the execution of mortgage rights. Therefore, under the current context, the Bankruptcy Law, which emerged during the financial crisis, is no longer entirely relevant, and the concept of simple proof in Article 8 paragraph (4) of the Bankruptcy Law and PKPU needs to be reassessed to ensure fairness for creditors and debtors.
Ambiguity of the Offense Regarding Obstruction of Justice in Corruption Cases in Indonesia Antoni Antoni; Megawati Barthos
Syntax Idea 6702-6715
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v6i11.11175

Abstract

Obstruction of justice, or acts that impede the legal process, is a serious threat to law enforcement, particularly in corruption cases. In Indonesia, this act is regulated under Article 21 of Law No. 31 of 1999 concerning the Eradication of Corruption Crimes, amended by Law No. 20 of 2001. This study aims to analyze the ambiguity of the offense of Obstruction of Justice and examine efforts to address the ambiguity of the offense in corruption crimes. Through a juridical-normative method, this article investigates the unclear legal regulation of obstruction of justice in corruption offenses, as well as efforts to create legal certainty regarding Obstruction of Justice.
Analysis of The Legal Strength of Land Tenure Statement (SPPT) as a Basis for Land Rights in East Kutai Regency, East Kalimantan Province Badrunsyah Badrunsyah; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 5 No. 07 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i07.1167

Abstract

Research on the legal strength of land tenure statements (SPPT) as a basis for land rights in East Kutai Regency, East Kalimantan, aims to find out the position of the SPPT as proof of land rights in the land law system and the legal strength of a land tenure statement as proof of ownership rights. Above ground. This research was carried out because many landowners in East Kutai still rely on the legality of their land using SPPT as proof of land ownership. They assume that having the SPPT is strong enough as proof of ownership of land rights. This can be seen in the number of land cases that enter the judicial process where the SPPT is still recognized. Meanwhile, based on the negative land law system with a positive tendency adopted by Indonesia, the strongest evidence for land ownership rights is only a certificate issued by the National Land Agency, and even then it still has the potential to be sued as long as the truth can be proven. In this research, normative and descriptive juridical research methods are used to answer legal issues by describing, analyzing, assessing, and explaining appropriately and analyzing applicable laws and regulations as well as various opinions of legal experts, with the aim of answering the problems raised.
PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA LINGKUNGAN HIDUP BERKAITAN DENGAN DUMPING LIMBAH TANPA IZIN PADA PERUSAHAAN TAMBANG PT. INDOMINCO MANDIRI DI KALIMANTAN Hesti Lestari; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1137

Abstract

The criminal liability of corporations in environmental crimes, especially regarding crimes related to dumping waste without a permit and not managing B3 waste is regulated in Articles 103 and 104, while the corporation is described in Article 116 paragraph (1) letter a of Law Number 32 Year 2009. PT. Indominco Mandiri is a mining company located in East Kalimantan. In this study, the author uses a normative juridical research method, which discusses corporate criminal responsibility in environmental crimes using the whole theory of criminal responsibility against corporations, namely the theory of strict liability, vicarious liability, the doctrine of delegation, identification, and corporate organs.
PERLINDUNGAN HUKUM PEMEGANG HAK EKSKLUSIF MEREK ERG (STUDI KASUS PUTUSAN NOMOR 80/PDT.SUS-HKI/MEREK/2021/PN.NIAGA.JKT.PST) Nurlela; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1329

Abstract

The high number of trademark disputes in a country arises from trademark registrations that should be considered invalid, such as trademarks that are similar or identical to trademarks registered by other people without approval. Based on this, this research will analyze Decision Number 80/Pdt.Sus-HKI/Merek/2021/PN.Niaga.Jkt.Pst. related to legal protection for the exclusive holder of the ERG brand and legal considerations from the judge in imposing sanctions on the defendant. The research method used to discuss this problem is normative juridical. The conclusion from the results of this research is that the plaintiff as the holder of exclusive rights to the ERG brand has received legal protection based on Article 1 number 5 in conjunction with Article 83 paragraph (1) of Law Number 20 of 2016 concerning Marks and Geographical Indications. The judge's legal considerations in imposing sanctions on the defendants were appropriate and in accordance with applicable legal provisions because the judge accepted the plaintiff's claim as the exclusive owner and legal owner of the ERG brand.
TANGGUNG JAWAB JAKSA SEBAGAI LIKUIDATOR DALAM PROSES PEMBUBARAN PERSEROAN TERBATAS (STUDI KASUS PENETAPAN NOMOR 659/PDT.P/2020/ PN.JKT.BRT) Martin Fredrik; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v2i2.1480

Abstract

The dissolution of a Limited Liability Company (PT) can be carried out by a District Court order upon the request of the Prosecutor's Office, based on the grounds that the PT has committed acts violating statutory regulations. In this case, the Prosecutor, acting as the liquidator, plays an essential role in the dissolution, liquidation, and settlement processes of the PT. Based on this, this study will analyze the case of PT. Gemilang Sukses Garmindo in District Court Order Number 659/Pdt.P/2020/PN.Jkt.Brt. The dissolution process of PT. GSG, starting from the initial review by the State Attorney at the West Jakarta Prosecutor's Office to the District Court Order Number 659/Pdt.P/2020/PN.Jkt.Brt., was in accordance with the Attorney General's Regulation Number Per-025/A/JA/11/2015 and represents the best step determined by the Judge for effectiveness and efficiency. The Prosecutor's reason for filing the dissolution request of PT. GSG was that PT. GSG was proven legally and convincingly guilty of committing tax crimes as stipulated in Article 39A letter a of Law Number 16 of 2009 concerning General Provisions and Tax Procedures. The Prosecutor, as the liquidator, is responsible for the liquidation of PT. GSG as regulated in Article 147 paragraph (1), Article 148 paragraph (2), Article 149 paragraph (1), and Article 152 of Law Number 40 of 2007 concerning Limited Liability Companies.
TINJAUAN YURIDIS PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI TANAH DAN BANGUNAN SEBAGAI PERBUATAN MELAWAN HUKUM (Studi Kasus Putusan No. 56/PDT.G.S/2020/PN.BTM) Sumarni; Megawati Barthos
Constitutum: Jurnal Ilmiah Hukum Vol. 3 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v3i1.1608

Abstract

A sale and purchase agreement is an agreement between a seller and a buyer where the seller is bound to transfer ownership of an item to the buyer and the buyer is bound to pay the price of the item as agreed. In practice, the sale and purchase agreement often does not comply with the provisions that have been previously agreed upon, which can result in violations of the law. This study discusses the application of unlawful acts in the cancellation of the Sale and Purchase Agreement (PPJB) and the legal consequences of the cancellation of the PPJB as in Decision Number 56/Pdt.G.S/2020/PN.Btm. The results of the study indicate that the application of substantive civil law regarding unilateral cancellation of PPJB for land and buildings in Decision Number 56/Pdt.G.S/2020/PN.Btm is in accordance with the concept of unlawful acts. The unilateral cancellation of the PPJB by the defendant is contrary to the principle of fairness and is an unlawful act. In this case, the injured party has the right to receive compensation, as regulated in Article 1365 of the Civil Code, which states that every unlawful act that causes loss to another person requires the responsible party to compensate for the loss.
Co-Authors Agus Fahrur Rozi Agus Supriyanto Antoni Antoni Askolani Jasi Badrunsyah Badrunsyah Bayu Sasongko Evita Isretno Israhadi Evita Isretno Israhandi Faisal Santiago Fauzan Fadly Somar Haris Farhan Hesti Lestari Indah Kusuma Wardhani Martin Fredrik Nana Supiana Nurlela Rahmad Prasetyo Rohmatullah Rohmatullah Sumarni Suparno Suparno Supriyanto Supriyanto Wita Purnamasari Zudan Arief Fakrulloh