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All Journal QISTINA: Jurnal Multidisiplin Indonesia AL-SULTHANIYAH
Karyn, Khanza Octalivia
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Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing

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Analysis of the Application of the Code of Ethics and Criminal Sanctions Against Advocates Receiving Bribery Karyn, Khanza Octalivia; Natalie, Cicilia; Milianty, Yessa; Anindira, Lydia; Sukawan, Wanda Putri
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.841

Abstract

Indonesia is a constitutional state that upholds justice. Advocates as one of the law enforcement officers who have an important role in maintaining justice and the integration of the legal justice system should not be ethical to accept bribes from any party, but it cannot be denied that there are still unscrupulous advocates who accept bribes and tarnish their professional code of ethics. This study uses a normative juridical method with a statutory approach related to the problem of bribery criminal sanctions against advocates. Advocates who accept bribes not only harm the fundamental principles that underlie the legal system but also damage the entire public's trust in the advocate profession and the justice system as a whole. Sanctions for unscrupulous advocates who accept bribes include revocation of their advocate license, disciplinary action, and criminal sanctions. Bribery in any form is unacceptable and must be eradicated immediately so that justice is protected in the justice system.
Peranan Restrukturisasi Utang dalam Melindungi Perseroan Terbatas dari Kepailitan Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Karyn, Khanza Octalivia; Lewiandy
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4509

Abstract

This research analyzes a fundamental academic problem in Indonesia's bankruptcy law lies in the tension between the spirit of business rescue through Suspension of Debt Payment Obligations (PKPU) and the rigidity of the "single settlement principle" which denies debtors a second chance. This study analyzes the role of debt restructuring in safeguarding Limited Liability Companies (LLCs) from insolvency under Law No. 37 of 2004. Using a normative juridical method with a descriptive-analytical approach, this research utilizes primary data from court decisions and secondary data from legal literature. This study finds that although PKPU is designed to protect debtors, the application of the single settlement principle in the UUK-PKPU limits debtors’ ability to recover, often favoring creditors with stronger bargaining positions. This creates a legal vulnerability where good-faith debtors are immediately bankrupted upon the failure of a reconciliation plan without further legal recourse. Therefore, a renegotiation mechanism should be allowed to give debtors the opportunity to preserve their businesses.
Co-Authors Anindira, Lydia Lewiandy Milianty, Yessa Natalie, Cicilia Sukawan, Wanda Putri