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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Asian Journal of Social and Humanities
Rahmad Prasetyo
Universitas Borobudur
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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 1 
Legal Uncertainty in the Application of Simple Proof in Bankruptcy Cases and Suspension of Debt Payment Obligations Rahmad Prasetyo; Megawati Barthos
Asian Journal of Social and Humanities Vol. 3 No. 2 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i2.444

Abstract

The Asian monetary crisis of 1997 triggered significant changes in the Indonesian legal system, including the reform of bankruptcy laws marked by the emergence of Law No. 4 of 1998 and later Law No. 37 of 2004 regarding Bankruptcy and Suspension of Debt Payment Obligations (PKPU). This crisis underscored the need for a fair and effective debt resolution mechanism. This research uses a normative juridical approach with descriptive analysis methods to examine the application of the pari passu pro rata partem concept and simple proof in the Bankruptcy Law. The data sources used are secondary data consisting of legislation, legal literature, and related court decisions. The results show that the practice of applying simple proof often leads to inconsistency in judges' decisions because the law does not clearly specify the definition of "simple" in this context. Several cases demonstrate difficulties in simply proving the existence of debts, which ultimately leads to the rejection of bankruptcy petitions. Additionally, the conflict of legal norms between the Bankruptcy Law and the Mortgage Law creates challenges in the execution of mortgage rights. Therefore, under the current context, the Bankruptcy Law, which emerged during the financial crisis, is no longer entirely relevant, and the concept of simple proof in Article 8 paragraph (4) of the Bankruptcy Law and PKPU needs to be reassessed to ensure fairness for creditors and debtors.
Paradigm Changes in Proving Unlawful Acts in Corruption Crimes Following Constitutional Court Decision Number 25/PUU-XIV/2016 Abdullah Sulaiman; Dedy Cahyadi; Iwansyah; Rahmad Prasetyo; Pambudi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6648

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has marked an important turning point in the enforcement of corruption law in Indonesia, especially in proving the element of state financial loss. Before this decision, the formal approach that emphasized procedural violations without the need to prove actual losses was still commonly used. However, after the decision, the legal interpretation shifted towards a material approach that required actual loss to prove corruption. This change has quite complex legal and practical consequences, ranging from increasing the burden of proof for public prosecutors, and dependence on the results of audits of state financial institutions to technical challenges in coordination between law enforcers. This study comprehensively examines the development of legal interpretation before and after the Constitutional Court decision, and its impact on the evidentiary process, and formulates strategic steps that can be taken to strengthen the effectiveness of corruption eradication while ensuring legal certainty for the parties.
Co-Authors Abdullah Sulaiman Dedy Cahyadi Iwansyah Megawati Barthos Pambudi