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All Journal JLAS: Journal of Law and Administrative Science International Journal of Law and Society
Indri Syahfitri
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Execution of Personal Guarantees (Borgtocht) on Working Capital Loans in Bankruptcy Cases: a Study of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020/PN.Niaga.Jkt.Pst Indri Syahfitri; Iwan Erar Joesoef; Muthia Sakti
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.186

Abstract

This research analyzes the impact of Indonesian Supreme Court Decision No. 141/Pdt.Sus- PKPU/2020 on the execution of personal guarantees (borgtocht) in bankruptcy proceedings. This decision is significant as it has the potential to alter the practice of borgtocht execution and affect legal certainty for both creditors and debtors. The research employs a normative method with a statutory approach and case studies. Legal sources include legislation, legal literature, and relevant court decisions. The findings indicate that the Supreme Court decision provides clarity regarding the position of borgtocht in bankruptcy, yet also raises some legal uncertainties. This research offers recommendations for legal improvements regarding borgtocht execution to ensure legal certainty and fairness for all parties involved..
Relevansi Single Presence Policy dalam Menjaga Kesehatan, Ketahanan, dan Daya Saing Perbankan Indonesia Menghadapi Resesi fahmi, wahyu; Indri Syahfitri
Journal of Law and Administrative Science Vol. 2 No. 1 (2024): JLAS : Journal of Law and Administrative Science (April)
Publisher : Universitas Teknologi Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33478/jlas.v2i1.14

Abstract

Abstract. The Single Presence Policy (SPP) was implemented in Indonesia since 1998 with the aim of maintaining the stability and resilience of the national financial system. Amid the threat of a predicted global recession, the relevance of SPP in maintaining the health, resilience, and competitiveness of Indonesian banking becomes important to be studied. This research uses a normative juridical legal research method with a qualitative approach. Data was collected through library research and analyzed descriptively. The purpose of this research is to analyze the relevance of SPP in maintaining the health, resilience, and competitiveness of Indonesian banking in facing a recession. The research results are expected to provide input for regulators and banks in formulating appropriate policies to maintain the stability and resilience of the national financial system. Keywords: Single Presence Policy, bank health, bank resilience, bank competitiveness, recession).
Co-Authors fahmi, wahyu Iwan Erar Joesoef Muthia Sakti