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Journal : Progressive Law Review

THE REVITALIZATION OF THE INDONESIAN LEGAL SYSTEM IN THE ORDER OF REALIZING THE IDEAL STATE LAW Fauzia, Ana; Hamdani, Fathul; Octavia, Deva
Progressive Law Review Vol 3 No 01 (2021): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i01.46

Abstract

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.
THE CONFLICT OF THE NORMS IN THE EXECUTION OF SECURED OBJECTS WHICH ARE ENFORCED BY LIABILITY RIGHTS WHEN THE DEBTOR IS BANKRUPT Ana Fauzia; Deva Gama Rizky Octavia; Fathul Hamdani
Progressive Law Review Vol 4 No 01 (2022): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v4i01.67

Abstract

In a transaction, for example a company's working capital credit agreement with a bank, occurs where the bank asks for collateral in the form of mortgage rights in guaranteeing the company to pay its debts to the bank. However, because the company's assetsto be pledged as collateral do not exist or are insufficient, third party assets (individual companies/shareholders/directors/commissioners) are tied up. However, problems arise when the company is unable to pay its debts to the bank and then the bank files a bankruptcy petition which results in the debtor (company) being declared bankrupt. So that in the event that the debtor has been declared bankrupt, the execution process is carried out by the curator under the authority of the supervisory judge. The execution of collateral objects when the debtor goes bankrupt is related to two main problems, namely, related to legal regulations regarding execution and the status of collateral objects related to the bankruptcy of the debtor. With regard to the legal regulations concerning execution and the status of collateral items if the debtor is bankrupt, two different arrangements were found, namely between Law no. 37 of 2004 concerning the KPKPU and Law no. 4 of 1996 concerning Mortgage Rights, so that a principle is needed to solve these problems, namely lex specialis derogate legi generalis (Special Laws beat general Laws). Therefore, based on these problems, research is carried out using normative legal research methods, by taking an approach, namely, a statute approach related to execution.
Co-Authors Akbar, Dinul Apriliana Akbar, Rizky Hakim Akbariman, Lalu Nahudatu Ana Fauzia Ana Fauzia Ana Fauzia Ana Fauzia Ana Fauzia Ana Fauzia Ana Fauzia Ana Fauzia Anam, Fathul Khairul Apriliana Akbar, Dinul Aribawa, Muhammad Yustino Asmara, M. Galang Astuti, Ni Luh Vinna Puja Aulia Rosa Nasution Aulia, Maulidya Rahmi Ayuningtyas, Fitri Azwar, Lalu Muhammad Bachrul Amiq Baiq Amilia Kusumawarni Baiq Vidia Haerunnisa Begishev, Ildar Chrysdianto, Dimas Cornelis, Vieta Imelda Damayanti, Sri Sukmana Deny Noer Wahid Deva Gama Rizky Octavia Eduard Awang Maha Putra Efendi, L. Azwar Farhan Farhan Fauzia, Ana Fiqri, Muhamad Rizalul Gea Ossita S. Haekal Fiqry, Hendar Amru Hamdan Rampadio Handayati, Nur Khairul Anam, Fathul Kusuma, Lalu Aria Nata Lalu Aria Nata Kusuma Lalu Syamsul Imam WN Liani, Sesi Safitri Mahendra Wijaya Kusuma Mardhiyana, Rezka Marzuqi, Moh. Azaz Abbas Maulana M, Muh. Ainul Maulana, Adam Hamka Mernissi, Zampara Mohamed, Muhammad Azimuddin Muhamad Sahril Gunawan Nata Kusuma, Lalu Aria Nurhayati binti Abdul Ghani Nurhayati Mardin Octavia, Deva Octavia, Deva Gama Rizky Pambudi, Bagus Ageng Pangastuti, Diah Puji Paramitha, Vallencia Nandya Pratama Putra, Andi Syadi Puji Pangastuti, Diah Ramadhani, Risky Wulan Riadhussyah, M Rusdianto Rusdianto Rusdianto Rusdianto, Rusdianto Satriawan, Roni Sidarta, Dudik Djaja Sigit Prasetyo, Tatag Soekorini, Noenik Subekti Subekti Sugiyanto - Thoby Araya Kattsoff Togatorop, Melsanna Wahyu Prawesthi, Wahyu Walini, Eno Liska Wijaya, Mochamad Fillakhiya Atma Yomi, Arda Yunita Yunita Zunnuraeni