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ANALISA TENTANG LEGALITAS PERSIDANGAN PEMBUKTIAN MENURUT PASAL 25 PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK Mutiara Seroja; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The world has entered the Era of the Industrial Revolution, wherecomputerization and digitalization processes have occurred and have affectedalmost all aspects of human life, including the legal system. This causes courtinstitutions to rely on technology to support the continuity of legal services tojustice seekers. This online trial applies to both criminal and civil cases. For civiltrials, use a special application called E-Court or E-Litigation.The type of research used by researchers is normative legal research orwhat is known as "legal research". Normative law research uses normative casestudies in the form of legal behavior products, for example studying laws. Thisstudy examines the main issues in accordance with the scope and identification ofproblems through a statutory approach (statute approach). The data collectiontechnique used in normative legal research is the library research method, namelyusing the library as a means of collecting data, by studying books as referencematerials related to the problems to be studied.The conclusions that can be obtained from the research results are First,the arrangements for electronic evidentiary trials have been regulated in SupremeCourt Regulation Number 1 of 2019 concerning Case Administration and Trialsin Electronic Courts. As for other regulations, namely Law Number 11 of 2008 inconjunction with Law Number 19 of 2016 concerning Information and ElectronicTransactions (ITE) related to the recognition of electronic documents which areequivalent to documents made on paper still have the power of proof of electronicdocuments in case practice Civil law is equated with the strength of writtenevidence (letters). Second, written evidence contained in electronic evidence trialswhen referring to article 1888 of the Civil Code can still be equated with thestrength of written evidence (letters) as long as the copies and quotations are inaccordance with the originals which can always be ordered to be shown.Electronic devices and/or electronic documents are considered valid as long asthe information contained therein can be accessed, displayed, guaranteed forintegrity, and can be accounted for so that it can explain a situation.Keywords: Trial, Evidence, Electronics
Kemampuan Debitur dalam Pemenuhan Kewajiban pada Masa Pra-Permohonan Pencabutan PKPU Berdasarkan Asas Itikad Baik Mutiara Seroja; Firdaus Firdaus; Hengki Firmanda
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 1 (2026): Maret : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i1.8717

Abstract

This research aims to analyze the interpretation of the good faith principle in the debtor's ability to fulfill obligations during the pre-PKPU revocation request period and to understand the debtor's ability to fulfill obligations during the pre-PKPU request period based on the good faith principle. This research employs normative legal research methods (doctrinal legal research) with a statute approach, conceptual approach, and case approach. Data sources consist of primary legal materials including Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Civil Code, and commercial court decisions; secondary legal materials including books, legal journals, and research results; and tertiary legal materials including legal dictionaries and encyclopedias. The research findings indicate that the interpretation of the good faith principle in the debtor's ability to fulfill obligations during the pre-PKPU revocation request period encompasses interrelated objective and subjective dimensions. The objective dimension includes financial capacity that can be measured through insolvency parameters (cash flow test and balance sheet test), while the subjective dimension includes transparency, honesty, seriousness, and constructive cooperation with creditors. Inconsistency in court decisions, as evident in the differences between Decision Number 226/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst which rejected the revocation request and Decision Number 9/Pdt.Sus-PKPU/2023/PN.Niaga.Mks which granted it, proves the absence of standardized criteria in interpreting the good faith principle.