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PENDAFTARAN TAGIHAN ATAS JAMINAN CROSS COLLATERAL DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Nadia Nursantih; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Cross Collateral in a Bank Credit is a guarantee derived from one legal relationship or for one or more debts derived from several legal relationships, provided by the debtor and accepted by the bank which can reduce the risk in lending, this is in accordance with the principle of prudential banking. The formulation of the problem discussed, how is the Treatment of Cross Collateral Collateral for the Recording of Bill Registration in the Accounts Receivable List in the PKPU Process and how is the Position of Bank Creditors as Holders of Cross Collateral in the Receivables Matching Phase in the PKPU Process according to UUK-PKPU. Normative writing method, descriptive writing nature, type of data using secondary data, qualitative data analysis. And conclusion making is done with deductive logic. Based on the results of the study, Cross Collateral in the PKPU process can be divided pari passu pro rata and the position of Creditors holding Cross Collateral as a privileged separatist Creditor based on Article 55 paragraph (1) UUK-PKPU, and applies mutatis mutandis to the PKPU process based on Article 246 UUK-PKPU so that the right to confiscation and execution in PKPU is suspended until PKPU ends.

TANGGUNG JAWAB PERUSAHAAN INDUK LION GROUP TERHADAP PRAKTIK DISKRIMINASI PENJUALAN KAPASITAS KARGO Siti Bianca Zahara; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

KPPU decided that Lion Air, Batik Air, Wings Air, and Lion Parcel (Lion Group Airlines), through closed agreements, have practiced discrimination against Custody Service Companies (PJT) in certain Geographic Markets. The formulation of the problem is how the responsibility of PT Langit Esa Oktagon and PT Lion Group as the parent company for the closed agreement by Lion Group Airlines as a subsidiary that is indicated as a discriminatory practice and how the form of responsibility that can be given by PT Langit Esa Oktagon and PT Lion Group as the parent company. The method used is normative, descriptive writing nature, primary and secondary data types, qualitative data analysis, and deductive logic conclusions. Based on the results of research, discussion and conclusions; UUPT, Anti Monopoly Law, and other related regulations, then to business actors can be applied the doctrine of Single Economy Entity (SEE) which considers one Group Company as a unified economic entity so that there is joint responsibility between companies in it, so that in this case PT Langit Esa Oktagon and PT Lion Group can be subject to criminal sanctions based on Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

PERJANJIAN KEDIT DI BANK RAKYAT INDONESIA CABANG JATINEGARA (STUDI KASUS PERJANJIAN KREDIT NOMOR B.6/122/4/2018) Virly Dwy Amaliah; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Credit agreements between the Soldiers of Indonesian National Armed Forces and Bank Rakyat Indonesia Jatinegara Branch (hereinafter reffered as BRI Jatinegara) with Inpassing Letters as Collateral are generally only in the form of letters and often seen have no economic value. The research’s problems is about how to carry out the process of credit agreements with Inpassing letters as Collateral at BRI Jatinegara and what is their position. This research is a normative and descriptive analytical legal research, using secondary data and supported by interviews, analyzed qualitatively and the conclusions are drawn using deductive logic methods. The conclusion of the research: the credit agreement process through the use of Inpassing Letter as Collateral at BRI Jatinegara: after the application from the Applicant, in this case the debtor who apply for credit to BRI Jatinegara, has been received and examined carefully by Credit Line Officer and meets the requirements to receive credit, the credit can be realized and the position of Inpassing Letter as collateral for credit at BRI Jatinegara: Inpassing Letter is debtor's claim rights from state so it has economic value, therefore Inpassing Letter is categorized as intangible movable object and can be used as collateral for credit.

PERMOHONAN PAILIT PERUSAHAAN ASURANSI OLEH AGEN ASURANSI Clarissa Tifanny Shafia Kusumastuti; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The relationship between insurance agent and insurance company is written in an agency agreement, in which there is an explanation regarding the distribution of fee payments as the rights of insurance agent and the obligations of the insurance company. But the relationship between the insurance agent and the insurance company does not always go well when the insurance agent submits a payment for their services, which leads to filing of a bankruptcy petition to the Commercial Court. In filing an application for bankruptcy of an insurance company, the method is different from filing an application for bankruptcy against ordinary individuals or companies. This research discusses how the procedure for applying bankruptcy statement from insurance company that should be according to Bankruptcy and Insurance Law. This is a normative and descriptive analytical legal research, using literature study method and in the results of the research there are several regulations regarding filing bankruptcy applications regulated in Law 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Law 21/2011 concerning the Financial Services Authority, Law 40/2007 concerning Limited Liability Companies, Law 40/2014 concerning Insurance, and POJK 28/POJK.05/2015 concerning Dissolution and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.

- Perlindungan Konsumen atas Pemberlakuan Penggunaan Ulang Nomor Pelanggan menurut Undang-Undang Perlindungan Konsumen: - Helmy Rajendra Inzaghi; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16275

Reusing Customer Numbers is a topic that is quite hotly discussed by the public. The public considers that reusing customer numbers is detrimental to consumers, especially if the old cell phone number user has a track record that is not good in using the number. The formulation of the problem is how is the government's policy in enforcing the reuse of customer numbers and how do consumers get their rights restored for losses suffered as a result of reusing customer numbers according to UUPK. This article is a normative research, descriptive in nature, and uses secondary and primary data as research supporting data, using qualitative analysis which also draws deductive conclusions. The results: the government in its policy and authority as a regulator issued the Minister of Communication and Informatics Regulation Number 14 of 2018 concerning the Basic National Telecommunications Technical Plan. Based on the discussion, this regulation has binding legal force because it is in accordance with the statutory hierarchy, the author also finds that in enforcing the re-use of customer's own numbers, there is no resolution of complaints related to the use of own cellular numbers. Conclusion: consumers' rights to comfort and safety have not been fulfilled.

PENDAFTARAN TAGIHAN ATAS JAMINAN CROSS COLLATERAL DALAM PROSES PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Nadia Nursantih; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13822

Cross Collateral in a Bank Credit is a guarantee derived from one legal relationship or for one or more debts derived from several legal relationships, provided by the debtor and accepted by the bank which can reduce the risk in lending, this is in accordance with the principle of prudential banking. The formulation of the problem discussed, how is the Treatment of Cross Collateral Collateral for the Recording of Bill Registration in the Accounts Receivable List in the PKPU Process and how is the Position of Bank Creditors as Holders of Cross Collateral in the Receivables Matching Phase in the PKPU Process according to UUK-PKPU. Normative writing method, descriptive writing nature, type of data using secondary data, qualitative data analysis. And conclusion making is done with deductive logic. Based on the results of the study, Cross Collateral in the PKPU process can be divided pari passu pro rata and the position of Creditors holding Cross Collateral as a privileged separatist Creditor based on Article 55 paragraph (1) UUK-PKPU, and applies mutatis mutandis to the PKPU process based on Article 246 UUK-PKPU so that the right to confiscation and execution in PKPU is suspended until PKPU ends.

TANGGUNG JAWAB PERUSAHAAN INDUK LION GROUP TERHADAP PRAKTIK DISKRIMINASI PENJUALAN KAPASITAS KARGO Siti Bianca Zahara; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13851

KPPU decided that Lion Air, Batik Air, Wings Air, and Lion Parcel (Lion Group Airlines), through closed agreements, have practiced discrimination against Custody Service Companies (PJT) in certain Geographic Markets. The formulation of the problem is how the responsibility of PT Langit Esa Oktagon and PT Lion Group as the parent company for the closed agreement by Lion Group Airlines as a subsidiary that is indicated as a discriminatory practice and how the form of responsibility that can be given by PT Langit Esa Oktagon and PT Lion Group as the parent company. The method used is normative, descriptive writing nature, primary and secondary data types, qualitative data analysis, and deductive logic conclusions. Based on the results of research, discussion and conclusions; UUPT, Anti Monopoly Law, and other related regulations, then to business actors can be applied the doctrine of Single Economy Entity (SEE) which considers one Group Company as a unified economic entity so that there is joint responsibility between companies in it, so that in this case PT Langit Esa Oktagon and PT Lion Group can be subject to criminal sanctions based on Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

PERJANJIAN KEDIT DI BANK RAKYAT INDONESIA CABANG JATINEGARA (STUDI KASUS PERJANJIAN KREDIT NOMOR B.6/122/4/2018) Virly Dwy Amaliah; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15044

The Credit agreements between the Soldiers of Indonesian National Armed Forces and Bank Rakyat Indonesia Jatinegara Branch (hereinafter reffered as BRI Jatinegara) with Inpassing Letters as Collateral are generally only in the form of letters and often seen have no economic value. The research’s problems is about how to carry out the process of credit agreements with Inpassing letters as Collateral at BRI Jatinegara and what is their position. This research is a normative and descriptive analytical legal research, using secondary data and supported by interviews, analyzed qualitatively and the conclusions are drawn using deductive logic methods. The conclusion of the research: the credit agreement process through the use of Inpassing Letter as Collateral at BRI Jatinegara: after the application from the Applicant, in this case the debtor who apply for credit to BRI Jatinegara, has been received and examined carefully by Credit Line Officer and meets the requirements to receive credit, the credit can be realized and the position of Inpassing Letter as collateral for credit at BRI Jatinegara: Inpassing Letter is debtor's claim rights from state so it has economic value, therefore Inpassing Letter is categorized as intangible movable object and can be used as collateral for credit.

PERMOHONAN PAILIT PERUSAHAAN ASURANSI OLEH AGEN ASURANSI Clarissa Tifanny Shafia Kusumastuti; Heru Pringgodani Sanusi
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15057

The relationship between insurance agent and insurance company is written in an agency agreement, in which there is an explanation regarding the distribution of fee payments as the rights of insurance agent and the obligations of the insurance company. But the relationship between the insurance agent and the insurance company does not always go well when the insurance agent submits a payment for their services, which leads to filing of a bankruptcy petition to the Commercial Court. In filing an application for bankruptcy of an insurance company, the method is different from filing an application for bankruptcy against ordinary individuals or companies. This research discusses how the procedure for applying bankruptcy statement from insurance company that should be according to Bankruptcy and Insurance Law. This is a normative and descriptive analytical legal research, using literature study method and in the results of the research there are several regulations regarding filing bankruptcy applications regulated in Law 37/2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, Law 21/2011 concerning the Financial Services Authority, Law 40/2007 concerning Limited Liability Companies, Law 40/2014 concerning Insurance, and POJK 28/POJK.05/2015 concerning Dissolution and Bankruptcy of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.

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