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All Journal Justitia et Pax Journal of Law, Poliitic and Humanities
Millatus Shohihah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining the Effectiveness of Using Bankruptcy as an Ultimum Remedy in Resolving Debt and Receivable Disputes: Case Analysis of PT Jawa Barat Indah Millatus Shohihah; Ali Murtadho, Nazhif
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.692

Abstract

Bankruptcy is a condition that causes a person or legal entity to become incompetent in carrying out legal actions. The Bankruptcy Law was originally created to protect creditors by providing a clear and definite mechanism for resolving unpaid debts. Debtors who have difficulty paying their maturing debts and believe that they are unable to continue payments can submit a PKPU to the Commercial Court. In bankruptcy, there are several important principles, one of which is the existence of debt. Debt is the main requirement for filing for bankruptcy, because without debt a bankruptcy case cannot be filed. Bankruptcy should belast resort, namely as the last solution or the last solution of the last in solving the problem. But in reality in the bankruptcy case of PT Jawa Barat Indah, Bankruptcy was just like premium remedy or the first resort. The author will provide a review and portrait of three important things. First, regulation of debt principles in the Bankruptcy Law; Second, bankruptcy principle as last resort; and Third, analysis of the effectiveness of the use of bankruptcy in cases of disputes over debts against the case of PT Jawa Barat Indah. The method in this article is normative juridical, Law No. 37 of 2004 became the primary legal material, library research is the technique of collecting legal materials in this article. Secondary legal material uses theory last resort as a benchmark and tertiary legal material as an elaboration of certain terms. Research results: 1) The principle of debt in UUK-PKPU has two equally strong opinions, namely the narrow angle (principal debt and interest) and the broad angle (performance obligation in civil law). 2) Bankruptcy as the last action after reorganization efforts, to prevent gaps, while filing for bankruptcy requires prior understanding regarding the implementation of agreements and the involvement of Debtors and Creditors.
KEWENANGAN OTORITA IKN DALAM PEMBUATAN PERJANJIAN INTERNASIONAL UNTUK PEMBANGUNAN IBU KOTA NUSANTARA Dwiyanti, Sekar; Nur Azmi Azis; Millatus Shohihah; Ahla Nurus Saada
Justitia et Pax Vol. 42 No. 1 (2026): Justitia et Pax Volume 42 Nomor 1 Tahun 2026
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v42i1.11812

Abstract

The development of the Nusantara Capital City (IKN) in East Kalimantan, mandated by Law Number 3 of 2022, is a strategic national project to establish a smart, sustainable, and inclusive city as Indonesia’s new administrative and economic hub. The IKN Authority, a ministerial-level body, was established to manage the development with extensive powers, including forging international cooperation for funding, technology transfer, and infrastructure development. However, these powers are constrained by Law Number 37 of 1999 on Foreign Relations, which requires coordination with the central government. This study examines the IKN Authority’s powers in entering international agreements to support IKN development and how national regulations govern these powers. Employing a normative legal approach, the study analyzes legislation, official documents, and academic literature to identify the scope of the IKN Authority’s powers and its coordination mechanisms with the central government. The findings reveal that while the IKN Authority has flexibility in attracting foreign investment and forming international partnerships, it must coordinate with the Ministry of Foreign Affairs to align with national interests. This includes approval and oversight procedures, which may impact the efficiency of international cooperation.
Co-Authors Ahla Nurus Saada Ali Murtadho, Nazhif Dwiyanti, Sekar Nur Azmi Azis