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All Journal Jurnal Scientia Edunity: Kajian Ilmu Sosial dan Pendidikan
Benny Djaja
Tarumanagara University
Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Social Sciences

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LEGAL CONSEQUENCES OF THE SUPREME COURT'S DECISION IN THE CASE OF A REQUEST FOR POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS AGAINST INSURANCE LEGAL CERTAINTY IN INDONESIA Theo Julian Rorong; Benny Djaja
Jurnal Scientia Vol. 12 No. 03 (2023): Education, Sosial science and Planning technique, 2023 (June-August)
Publisher : Sean Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58471/scientia.v12i03.1626

Abstract

They apply the Principle of Legal Certainty in Supreme Court Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 is not applied properly, when the status of PT Asuransi Jiwa Kresna life is declared bankrupt, the most disadvantaged are the customers, the judge should reject the application of PKPU Kresna Life, because the applicant is not a party who has legal standing make a PKPU Application or Bankruptcy Statement, Judge's Consideration in Supreme Court Decision Number 647 K/Pdt.Sus-Bankruptcy/2021 granted the cassation application filed by the Cassation Applicants and canceled the Commercial Court Decision at the Central Jakarta District Court Number 389/Pdt.Sus-PKPU/2020/PN Niaga Jkt. Pst juncto Temporary PKPU Number 389/Pdt.Sus- PKPU/2020/PN Niaga Jkt. PSt poses problems in the implementation of the insurance business considering that insurance or protection is an activity that aims to avoid and delegate risks from one party to another. The judge rejected Kresna Life's PKPU application, because the applicant was not the competent party to apply for PKPU, but granted the PKPU application. The Financial Services Authority should have recommended the Insurance PKPU application, but in this case the Commercial Court Judge granted the PKPU application which should not be accepted, by granting the PKPU application has subsequent legal implications. In the request of Cassation, the Supreme Court Justice accepted the petitioner's application so that PT Asuransi Jiwa Kresna was declared bankrupt. Because the contradiction between the Supreme Court decision and the Insurance Law creates legal uncertainty for insurance customers. In the judge's consideration, the judge needs to be more careful in deciding cases so that the judge does not comply with professional obligations. As the judge needs to be more careful, it has long consequences for the next legal process.
Granting Dispensation To Children Who Marry Underage After The Enactment Of Law Number 16 Of 2019 (Decision Number 157/Pst.P/2020/Pa.Sbr) Resia Monika; Benny Djaja
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 9 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i9.110

Abstract

Underage marriage is an event that is considered normal by some people in Indonesia and other countries, but underage marriage can become an issue that attracts public attention and can continue to become a legal case in Indonesia, Law Number 16 of 2019 regarding amendments of Law Number 1 of 1974 in article 7 paragraph (1) states that men and women can marry if they have reached the age of 19 years and in paragraph 2 states that if men and women have not reached the age specified by law, namely 19 years then parents can ask for Dispensation to the Religious Court. Therefore the formulation of the problem is used to better know and explore how the application of Article 7 paragraph (1) of Law Number 16 of 2019 regarding the granting of dispensations to minors. This research also uses the Normative Juridical Method which uses the library research method and also this research uses a Qualitative Method, Based on the Analysis it can be concluded in the decision of case Number 157/Pst.p/2020/PA.Sbr the judge still grants the request for dispensation because the parents or child have agreed to the granting of the dispensation, so in In his opinion, the judge will grant the dispensation of the minor, even though it is not in accordance with the applicable age provisions in Law Number 16 of 2019 contained in Article 7 paragraph (1).
Co-Authors Resia Monika Theo Julian Rorong