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All Journal Indonesia Private Law Review Kertha Patrika Open Access DRIVERset
Fines Fatimah, Fines
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Law, Crime, Criminology & Criminal Justice

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Semi-Public Restructuring: Good Faith and Business Continuity in Indonesian Go-Public Company Bankruptcies Kurniawan, Itok Dwi; Septiningsih, Ismawati; Subekti, Rahayu; Siallagan, Sahat Poltak; Fatimah, Fines
Indonesia Private Law Review Vol. 6 No. 1 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i1.4498

Abstract

Indonesia’s insolvency framework is currently suboptimal in accomodating rapid creditor enforcement with preserving viable firms, particularly publicly listed companies where market signaling and minority interests are at stake. This article proposes the adoption of a semi-public restructuring regime that combines private negotiation (pre-packs) with structured judicial oversight similar to scheme procedures, including limited moratorium and cram-down powers. Using a normative juridical method supported by case analysis (including Garuda’s dual-track restructuring) and interviews with supervisory judges, the paper: (1) identifies legal and practical shortcomings of PKPU/Bankruptcy under Law No. 37/2004; (2) compares UK Part 26A, US Chapter 11, and regional moratorium models; and (3) formulates statutory reforms to operationalize semi-public restructuring in Indonesia. The proposal rests on three core pillars: a mandatory insolvency test, a time-bound moratorium to facilitate rescue, and judicially supervised cram-down with strengthened disclosure obligations to safeguard minority creditors.
Reactualisation of the Pretrial Role in Guaranteeing a Fair Trial in Indonesia: Lessons from the Pegi Setiawan Case David, Nathanael Gabriel; Fatimah, Fines; Birham, Rizki Emil
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p01

Abstract

Constitutional Court Decision Number 21/PUU-XII/2014 has become an important milestone in expanding the scope of pretrial proceedings in Indonesia. The ruling confirms that the designation of suspects, searches, and seizures can be challenged through pretrial mechanisms, even though this norm was not explicitly stated in Article 77(a) of Law No. 8 of 1981 on Criminal Procedure (KUHAP). Interestingly, in judicial practice, Decision Number 10/Pid.Pra/2024/PN Bdg in the case of Pegi Setiawan actually used the Constitutional Court's legal considerations, not just the verdict, as the basis for the sole judge's argument. This reveals a shift in methodology in the use of Constitutional Court decisions by first instance judges. This article examines the position of legal considerations in Constitutional Court Decision Number 21/PUU-XII/2014, including dissenting opinions and concurring opinions, as well as their implications for pretrial practice. This research is a type of normative juridical research with a legal material collection technique using a document study or literature research method. This analysis is also directed at the need to reformulate pretrial norms in Indonesian criminal procedure law in the future so that they are in line with the principles of legal certainty, protection of human rights, and the principle of due process of law.
Reactualisation of the Pretrial Role in Guaranteeing a Fair Trial in Indonesia: Lessons from the Pegi Setiawan Case David, Nathanael Gabriel; Fatimah, Fines; Birham, Rizki Emil
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p01

Abstract

Constitutional Court Decision Number 21/PUU-XII/2014 has become an important milestone in expanding the scope of pretrial proceedings in Indonesia. The ruling confirms that the designation of suspects, searches, and seizures can be challenged through pretrial mechanisms, even though this norm was not explicitly stated in Article 77(a) of Law No. 8 of 1981 on Criminal Procedure (KUHAP). Interestingly, in judicial practice, Decision Number 10/Pid.Pra/2024/PN Bdg in the case of Pegi Setiawan actually used the Constitutional Court's legal considerations, not just the verdict, as the basis for the sole judge's argument. This reveals a shift in methodology in the use of Constitutional Court decisions by first instance judges. This article examines the position of legal considerations in Constitutional Court Decision Number 21/PUU-XII/2014, including dissenting opinions and concurring opinions, as well as their implications for pretrial practice. This research is a type of normative juridical research with a legal material collection technique using a document study or literature research method. This analysis is also directed at the need to reformulate pretrial norms in Indonesian criminal procedure law in the future so that they are in line with the principles of legal certainty, protection of human rights, and the principle of due process of law.
Co-Authors Birham, Rizki Emil David, Nathanael Gabriel ITOK DWI KURNIAWAN Rahayu Subekti Septiningsih, Ismawati Siallagan, Sahat Poltak