Diva Salsabila Ferdiansyah
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Keabsahan Permohonan Pailit Yang Diajukan Buruh Terhadap Perusahaan Terkait Pemenuhan Haknya Rebecca Purba; Safina Nabila Fikrie; Diva Salsabila Ferdiansyah; Angelia Carla; Nafisa Verlee Ameeralia; Andriyanto Adhi Nugroho
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1814

Abstract

In the second quarter of 2020, Commercial Courts in Indonesia handled 132 bankruptcy cases. In the first semester of 2020, the number of bankruptcy cases handled by the Commercial Court in Indonesia increased to 233 cases, including 43 cases handled by the Central Jakarta Commercial Court. The aim of bankruptcy is basically to provide a solution to the parties if the Debtor stops paying/is unable to pay his debts. Bankruptcy prevents/avoids unfair actions that can harm all parties, namely: avoiding execution by creditors and preventing fraud by the debtor himself. Bankruptcy is a legal institution that has an important function, namely as the realization of two important articles in the Civil Code regarding the debtor's responsibility for the obligations carried out, namely Articles 1131 and 1132. This research aims to determine the validity of the bankruptcy petition submitted by workers to the compliance company. his rights. This research uses normative juridical legal research methods. In this research, what is emphasized is the aspect of law application which is carried out integrally with morality. The research results show that a worker's bankruptcy petition is a petition submitted by workers or labor unions to the commercial court to declare the company where they work bankrupt. A worker's bankruptcy application can be filed if the company does not pay wages, allowances and other rights that should be paid to workers.
Transfer of Ownership Rights on House Sale With Installment Method (Case Study of Bekasi District Court Decision Number 124/Pdt.G/2020/PN Bks) Diva Salsabila Ferdiansyah; Atik Winanti
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1098

Abstract

Land is a vital natural resource for human life, necessitating adequate legal protection regarding land rights. One mechanism for transferring land rights is through the Sale and Purchase Binding Agreement (PPJB), often used in property transactions such as houses or other real estate. However, in practice, legal issues frequently arise regarding buyer protection, particularly in cases of default. This study aims to analyse the acquisition of ownership rights in house sale and purchase transactions, as exemplified by the Bekasi District Court Decision Number 124/Pdt.G/2020/Pn Bks. Using a normative juridical method with statute approach and case approach, this research examines relevant regulations and their application to the transfer of rights in property transactions. The findings reveal that the court's considerations in this case were inconsistent with Article 22L Paragraph (4) of Government Regulation No. 12 of 2021. Therefore, more equitable legal protection is necessary, referring to the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945), to ensure optimal protection for all parties involved in property sale and purchase transactions.