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All Journal WAJAH HUKUM ARBITER: Jurnal Ilmiah Magister Hukum
Sunur, Fransiskus Stefan
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Law, Crime, Criminology & Criminal Justice

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Atasi Tantangan: Memahami Pentingnya Uji Insolvensi dalam Kepailitan di Indonesia Sunur, Fransiskus Stefan
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.3833

Abstract

This article aims to analyze the urgency of implementing an insolvency test in Indonesia's Bankruptcy Law using a comparative method with other countries. The focus is on the differences in bankruptcy regulations, particularly regarding the insolvency test. The methodology includes legislative and comparative approaches, with data collected through literature studies to gather relevant primary and secondary legal materials. The research findings indicate that the insolvency test has been effectively used in the United States in cases such as Enron Corporation and Lehman Brothers Holding. The United Kingdom has also applied the insolvency test in handling the bankruptcy of MG Rover Group Ltd., as has Japan in the case of Kanebo. Based on the experiences of these countries, implementing the insolvency test in Indonesia could enhance fairness and effectiveness in determining a debtor's bankruptcy status and minimize the misuse of the bankruptcy institution. A comparative approach with countries like the United States, the United Kingdom, and Japan demonstrates that the bankruptcy system and procedures can be improved by adopting the insolvency test. This test involves not only court decisions but also an analysis of a company's ability to pay its creditors. In conclusion, implementing the insolvency test in Indonesia could increase legal certainty and protect the interests of all parties involved in the bankruptcy process, as well as boost investor confidence. However, the main challenges include the lack of a clear legal basis and high costs due to the need for financial experts to conduct the analysis.
Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan Sunur, Fransiskus Stefan; Anakotta, Marthsian Yeksi
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1490

Abstract

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.
Kajian terhadap Tanggungjawab Pengurus CV dan Nasib Buruh Terkait CV Dinyatakan Pailit Sunur, Fransiskus Stefan; Sari, Retno Dewi Pulung
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1397

Abstract

Bankruptcy is a situation where there is a Bankruptcy Decision against the Debtor from the Commercial Court. In the management of a limited partnership or CV, there are active partners and passive partners, both of which have different responsibilities. Then, in terms of the rights owned by workers, namely wages or salaries, Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations explains that there are three (3) types of Creditors, namely Separatist Creditors, Preferred Creditors, and Concurrent Creditors. Then, this research uses a normative research method with primary and secondary legal materials and collects data using literature studies using the snowball method to search for legal materials. The aim of this research is to examine the responsibilities of CV management and the fate of workers related to CV being declared bankrupt. Thus, the results of this research are that there are differences in the responsibilities of CV administrators in the event that a CV is declared bankrupt by the court between CV administrators who are active partners and passive partners. In addition, there is legal protection for workers' rights in the event of bankruptcy, namely the right to fair wages.
Co-Authors Anakotta, Marthsian Yeksi Sari, Retno Dewi Pulung