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All Journal Jurnal Hukum Lex Generalis Jurnal Kajian Pembaruan Hukum
Simbolon, Meha Middlyne
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Law, Crime, Criminology & Criminal Justice

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Ratio Legis of Bankruptcy and Suspension of Debt Payment Obligations to Fulfil Creditors' Rights Simbolon, Meha Middlyne; Sitorus, Yosef Felix
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46303

Abstract

Law No. 37 of 2004 concerning Bankruptcy and PKPU was established to address the debtor's obligations amidst financial incapacity. However, Law No. 37 of 2004 is invoked as the underlying basis by corporations seeking to absolve themselves from debt obligations. The objective is to understand corporate rescue, the principles of commercial exit from financial distress, and their connection to the fulfilment of creditor rights in the PKPU or Bankruptcy processes under Law No. 37 of 2004. The research methodology is empirical juridical, with the primary data as the main source, supplemented by secondary data through observations and interviews, with qualitative analysis and inductive conclusions. The research findings indicate that the simplified evidentiary outlined in Law No. 37 of 2004 is inappropriately invoked as the legal basis for Debtors is financially solvable and viable. Consequently, this leads to creditors losing. Moreover, Law No. 37 of 2004 is considered irrelevant; the emphasis should shift towards the concept of corporate rescue as a principle for business continuity. This approach aligns with practices in developed countries within the EU, as outlined in Chapter 11 of the United States Bankruptcy Code, to be used as a parameter to revise Law No. 37 of 2004.
Penyelesaian Sengketa Minyak Kelapa Sawit Mentah Indonesia dengan Uni Eropa Melalui Dispute Settlement Body World Trade Organization Simbolon, Meha Middlyne; Sitorus, Yosef Felix
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.798

Abstract

Indonesia and the European Union are involved in an international trade dispute over palm oil, which has been addressed through the Dispute Settlement Body (DSB) of the World Trade Organization (WTO). The dispute was triggered by the European Union's policies, such as the Renewable Energy Directive II and regulations related to palm oil-based biofuel, which are considered discriminatory and detrimental to Indonesia's exports. The WTO, through the DSB, successfully mediated the trade dispute between Indonesia and the European Union. From the perspective of international law, the WTO serves as an institution that enforces binding rules, enabling it to resolve trade disputes fairly. The WTO panel reviewed the Technical Barriers to Trade Agreement and the General Agreement on Tariffs and Trade 1994, which were the core of Indonesia's objections. The panel's findings revealed that certain European Union policies violated the principle of non-discrimination, while some of Indonesia's claims were not substantiated. This article also examines the implications of the decision through the lens of the theory of comparative advantage, which supports Indonesia's right to utilize its natural advantages in efficiently producing palm oil. The WTO's decision is expected to encourage the European Union to revise its policies and strengthen Indonesia's position in global trade.
Harmonisasi Hukum Adat dan Hukum Positif di Indonesia Simbolon, Meha Middlyne
Jurnal Hukum Lex Generalis Vol 6 No 3 (2025): Tema Hukum Adat dan Kebiasaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i3.755

Abstract

Customary law plays a significant role in land management in Indonesia, including the recognition of girik as proof of land ownership. Girik is one of the documents acknowledging land ownership in Indonesia, recognized within the customary legal system. However, over time, the dualism between customary law and positive law has created various issues, ranging from ownership legality to agrarian conflicts. This study explores how customary law influences the existence of girik, the problems arising from legal dualism, and solutions for harmonizing the two systems. Using a descriptive-analytical approach, the study finds that customary law offers effective conflict resolution mechanisms at the local level, yet these are often overlooked within the formal legal system.
Co-Authors Sitorus, Yosef Felix