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All Journal JURNAL ILMIAH ADVOKASI Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Wike Nopianti
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Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION OF THE RIGHTS OF REFUND OF CONCURRENT CREDITORS IN THE BANKRUPTCY CASE OF PT. BANGUN INVESTA GRAHA (DEBTOR) IS CONNECTED WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND DELAY OF DEBT PAYMENT OBLIGATIONS. (Decision Study: Number 879 K/Pdt.Sus-Pailit/2020) Wike Nopianti; Deny Guntara; Muhamad Abas; Adyan Lubis
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4004

Abstract

Law 37 of 2004 states that the debt to the creditor PT has been determined. Bangun Investa Graha can be billed on time, but PT. PPJB is terminated unilaterally and in bad faith by Bangun Investa Graha, which frequently ignores calls from creditors. In accordance with normative legal principles, this study employs qualitative research methods. In this approach, the author employs a normative juridical strategy. It is possible to draw the conclusion based on the findings of the research that has been discussed that Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) does not have any legal function against concurrent creditors who are not guaranteed. When a debtor has debts that are greater than his assets, the responsibilities of the debtor and his directors are not taken into account in the Panel of Judges' decision in this case. Due to the fact that the debtor's assets will not be distributed appropriately if the debtor is declared bankrupt by the court, concurrent creditors will suffer greater losses. The Panel of Judges considered the decision in Renvoi's cassation without understanding why the cassation was rejected—whether the debtor's condition was insufficient to pay creditors or the debtor did not want to pay concurrent creditors.Keywords: Debts, Debtors, Creditors, Losses
Relevansi Instrumen Hak Asasi Manusia Internasional Terhadap Pelindungan Hukum Pekerja Migran Perempuan Indonesia Di Negara Tujuan Muhammad Abas; Wike Nopianti
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

BNP2TKI data shows that since the 1990s, Indonesian migrant workers have been predominantly women, comprising 69–75% annually. This study applies a normative juridical method with a gender-sensitive legal analysis approach to examine international legal norms and their responses to the vulnerabilities of women migrant workers. The findings reveal that states’ positive obligations have instead created loopholes to evade responsibility through legal techniques and jurisdictional complexities. Diplomatic protection, which should safeguard citizens abroad, has shifted into a bargaining tool in bilateral relations that prioritize economic-political interests over human rights. ASEAN cooperation likewise emphasizes economic integration rather than human rights protection, as reflected in the ASEAN Consensus, which is declarative rather than binding. Both national and regional implementation demonstrate a significant gap between normative commitments and practical realities, driven by states’ structural resistance, economic-political conflicts of interest, and paternalistic-formalistic approaches that fail to address systemic vulnerabilities rooted in gender and migrant status. This crisis of legitimacy within international human rights instruments reflects a structural failure of protection systems that rely too heavily on the state as the primary actor, even though states are often perpetrators or enablers of exploitation.
Co-Authors Adyan Lubis Deny Guntara Muhamad Abas Muhammad Abas