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All Journal Collegium Studiosum Journal Journal Indonesia Law and Policy Review (JILPR)
Apriyanto, Hendra
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA Apriyanto, Hendra
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1131

Abstract

This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.
JURIDICAL REVIEW OF THE USE OF LETTER OF CREDIT IN ORDER TO GUARANTEE AND FACILITATE INTERNATIONAL TRADE PAYMENT TRANSACTIONS Raspita, Desni; Apriyanto, Hendra
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.354

Abstract

Letter of Credit (L/C) is one of the safest methods of payment in international trade from the point of view of exporters and importers. One of the purposes of using a Letter of Credit in international trade is to guarantee and expedite payments from importers by utilizing banking services. Letter of Credit (L/C) will be a bridge for exporters and importers who are separated by countries that don't know each other well. To mediate and reduce the risks of each party, the solution offered is through the Letter of Credit mechanism, which will make it easier to settle payments, secure the funds provided by the importer and risks can be transferred to the relevant bank. The type of research used in this writing is normative legal research. The data sources used are primary data sources and secondary data sources and data analysis uses qualitative analysis. The results of the research can be concluded that the payment process for import transactions uses a letter of credit (L/C), that is, when a sale and purchase agreement has been reached between the exporter and importer, then opening a letter of credit (L/C) is followed by contact with the relevant bank for delivery implementation. transaction documents and payments.
APPLICATION OF THE PRINCIPLES OF JUSTICE TO PKPU APPLICATIONS BY DEBTORS AND BANKRUPTCY APPLICATIONS BY CREDITORS Apriyanto, Hendra; Raspita, Desni
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 1 (2024): Journal Indonesia Law and Policy Review (JILPR), October 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i1.355

Abstract

Bankruptcy law is seen as a solution to the problem of debts and receivables that burden debtors who no longer have the ability to pay their debts to their creditors. PKPU is a period provided by law through a commercial judge's decision, during which the parties, namely creditors and debtors, are given the opportunity to discuss and agree on how to make debt payments by providing a payment plan for all or part of the debt. Request for Postponement of Debt Payment Obligations (PKPU) is a mechanism in bankruptcy law that provides an opportunity for debtors who are experiencing debt payment difficulties to carry out debt restructuring. Based on Law Number 37 of 2004 concerning Bankruptcy and PKPU, both debtors and creditors can apply for PKPU. The type of research used in this research is normative juridical. The application of the provisions regarding PKPU has given rise to various debates related to the principle of justice, namely that the application of the concept of justice in resolving bankruptcy cases can be interpreted as a situation where the debtor stops paying his debts which are due in social life in society. The principle of justice in resolving bankruptcy cases is defined as a commercial solution to get out of debt and receivable problems that are pressing on a debtor, so that the bankruptcy institution functions as an alternative institution for resolving debtor obligations towards creditors more effectively and efficiently.
PELAKSANAAN PENGALIHAN HAK MILIK ATAS BENDA MELALUI PERJANJIAN JUAL BELI MENURUT KUH PERDATA Apriyanto, Hendra
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1131

Abstract

This research aims to determine the implementation of the transfer of ownership rights to objects through a sale and purchase agreement according to the Civil Code. The aim of this research is to reveal the implementation of the transfer of property rights and what risks arise after the transfer of property rights occurs through a sale and purchase agreement. This type of normative research uses descriptive qualitative methods. The collection method uses library research (library study). How to analyze this research is descriptive analysis. Results obtained: Transfer of ownership rights over objects through a sale and purchase agreement which is carried out where the provisions of the law require that to obtain ownership rights based on delivery, two conditions must be met, namely the existence of a civil event to transfer ownership rights and the delivery, all of which must be made and carried out by a person who has the right to act freely with the property to be transferred. The risks in a sale and purchase agreement are that one party does not fulfill what has been agreed upon in the sale and purchase agreement. For delivery of goods, as long as the goods have not been delivered, the risk must still be borne by the seller, who remains the owner until the time the goods are legally handed over to the buyer or the risk of loss caused by an event (event) beyond the fault of either party.
INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Wulandari, Mona; Apriyanto, Hendra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.
Co-Authors Raspita, Desni Wulandari, Mona