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All Journal Jurnal Hukum Adigama Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Richard Chandra Adam
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DAMPAK HUKUM AKIBAT KETERLAMBATAN PENYAMPAIAN KETERBUKAAN INFORMASI OLEH EMITEN (Studi Kasus: PLAS – PT Polaris Investama Tbk) Gabriella Kurniawan; Richard Chandra Adam
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In the realm of capital markets where the issuer as a party offering its shares and the public being part of the shareholders , the public has the right to know how the issuer carries out operations ranging from information that is assembled with the issuer's business to management and financial statements on an issuer. The information provided to the public by an issuer greatly affects the selling power of the shares offered by the issuer so that it becomes a consideration for shareholders and potential investors who will invest in shares in the issuer, so that if the disclosure of issuer information as stipulated in Regulation I-E - Decree of the Board of Directors of the Indonesia Stock Exchange Number KEP-00066/BEI/09-2022 of 2022 Regarding Changes to Regulation Number I-E concerning the Obligation to Submit Information not being available to the public can be detrimental to shareholders and even bring legal consequences for the issuer itself as experienced by the Issuer PT Polaris Investama Tbk (PLAS) who trades shares on the Indonesia Stock Exchange Development Board. This research uses normative juridical research method with descriptive analytical research. The approach applied by the author is statute approach, conceptual approach, and case approach.
THE LIABILITY OF FREIGHT FORWARDING SERVICE PROVIDERS AND CONSUMER PROTECTION CONCERNING THE LOSS OF GOODS IN SHIPMENT Balraj Kaur; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 4 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i4.2170

Abstract

This study aims to analyze the liability of expedition service providers and consumer protection related to the loss of goods, focusing on Decision Number 62/Pdt.Sus-BPSK/2023/PN.Mkd. The expedition business has significant growth potential, driven by increasing logistics demands, which encourages courier companies to offer various delivery services. However, these services are not always satisfactory, as issues of lost goods frequently occur. Such incidents can be categorized as breaches of contract since expedition companies failed to fulfill their obligations to consumers, raising questions about the liability of business actors and consumer protection against the loss of goods during shipment. This research employs a normative juridical method with a statutory approach. The findings indicate that business actors are obliged to compensate for the value of the lost goods in accordance with the provisions of the Consumer Protection Law. In the case of J&T Cargo, the compensation offered was significantly below the value of the lost goods, resulting in consumer dissatisfaction and prompting objections to be filed in court. This study recommends stricter enforcement of the law to protect consumers and ensure that business actors fulfill their obligations under applicable legal provisions. It also highlights the importance of resolving disputes through legal channels to provide certainty for consumers and improve service quality in the goods delivery industry.
JURIDICAL ANALYSIS OF THE LEGAL CONSIDERATIONS OF THE PANEL OF JUDGES ON THE AMOUNT OF DEBT AS GROUNDS FOR REJECTING A BANKRUPTCY PETITION Rizqy Dini Fernandha; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2169

Abstract

The Bankruptcy Law specifies the requirements for filing a bankruptcy petition. However, its implementation does not always align with the applicable regulations. For example, in Decision Court Number 37/Pdt.Sus-Pailit/2021/PN.Niaga.Jkt.Pst, the court rejected the entire petition despite the formal and substantive conditions being met, as the debt amount was less than IDR 500,000,000. This decision contradicts Supreme Court Regulation Number 4/19, which allows for bankruptcy through a simple lawsuit. This research employs a normative juridical method with a statute and case approach. The findings indicate that Article 50 of the Judiciary Law affirms that court decisions must contain the reasoning and legal provisions upon which they are based. Judges are obliged to provide reasoning aligned with legal provisions and are prohibited from imposing debt value limitations as a basis for rejecting bankruptcy petitions since the Bankruptcy Law does not specify a minimum debt amount.
LEGAL CERTAINTY OF DEBT PAYMENT OBLIGATION SUSPENSION APPLICATIONS FOR APARTMENT DEVELOPER DEBTORS Jessica Dharmawan; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2171

Abstract

This study aims to examine the legal certainty aspects of debt payment obligation petitions against apartment developer debtors. In the context of bankruptcy law, legal certainty is crucial to protect creditors' rights while also providing adequate protection for debtors experiencing financial distress. However, several issues arise regarding legal certainty in debt payment suspension petitions involving apartment developers. One example is the case of an apartment developer in the Commercial Court Decision No. 97/Pdt.Sus-PKPU/2024/PN Niaga Jkt Pst. This research explores the legal certainty surrounding the suspension of debt payment obligation petitions against apartment developer debtors, as governed by Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The study finds that the court's decision demonstrates legal protection for debtors by taking into account factual conditions and creditors' rights. This ruling has significant implications for the development of bankruptcy law in Indonesia, particularly in resolving the debts of financially distressed apartment developers. In conclusion, legal certainty in the suspension of debt payment obligation petitions involving apartment developers must be grounded in the principle of justice, ensuring protection for all parties involved in the dispute while maintaining a balance between the rights of debtors and creditors.
Co-Authors Balraj Kaur Gabriella Kurniawan Jessica Dharmawan Rizqy Dini Fernandha