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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Richard Chandra Adam
Universitas Tarumanegara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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JURIDICAL ANALYSIS OF THE LEGAL CONSIDERATIONS OF THE PANEL OF JUDGES ON THE AMOUNT OF DEBT AS GROUNDS FOR REJECTING A BANKRUPTCY PETITION Rizqy Dini Fernandha; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2169

Abstract

The Bankruptcy Law specifies the requirements for filing a bankruptcy petition. However, its implementation does not always align with the applicable regulations. For example, in Decision Court Number 37/Pdt.Sus-Pailit/2021/PN.Niaga.Jkt.Pst, the court rejected the entire petition despite the formal and substantive conditions being met, as the debt amount was less than IDR 500,000,000. This decision contradicts Supreme Court Regulation Number 4/19, which allows for bankruptcy through a simple lawsuit. This research employs a normative juridical method with a statute and case approach. The findings indicate that Article 50 of the Judiciary Law affirms that court decisions must contain the reasoning and legal provisions upon which they are based. Judges are obliged to provide reasoning aligned with legal provisions and are prohibited from imposing debt value limitations as a basis for rejecting bankruptcy petitions since the Bankruptcy Law does not specify a minimum debt amount.
THE LIABILITY OF FREIGHT FORWARDING SERVICE PROVIDERS AND CONSUMER PROTECTION CONCERNING THE LOSS OF GOODS IN SHIPMENT Balraj Kaur; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 4 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i4.2170

Abstract

This study aims to analyze the liability of expedition service providers and consumer protection related to the loss of goods, focusing on Decision Number 62/Pdt.Sus-BPSK/2023/PN.Mkd. The expedition business has significant growth potential, driven by increasing logistics demands, which encourages courier companies to offer various delivery services. However, these services are not always satisfactory, as issues of lost goods frequently occur. Such incidents can be categorized as breaches of contract since expedition companies failed to fulfill their obligations to consumers, raising questions about the liability of business actors and consumer protection against the loss of goods during shipment. This research employs a normative juridical method with a statutory approach. The findings indicate that business actors are obliged to compensate for the value of the lost goods in accordance with the provisions of the Consumer Protection Law. In the case of J&T Cargo, the compensation offered was significantly below the value of the lost goods, resulting in consumer dissatisfaction and prompting objections to be filed in court. This study recommends stricter enforcement of the law to protect consumers and ensure that business actors fulfill their obligations under applicable legal provisions. It also highlights the importance of resolving disputes through legal channels to provide certainty for consumers and improve service quality in the goods delivery industry.
LEGAL CERTAINTY OF DEBT PAYMENT OBLIGATION SUSPENSION APPLICATIONS FOR APARTMENT DEVELOPER DEBTORS Jessica Dharmawan; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2171

Abstract

This study aims to examine the legal certainty aspects of debt payment obligation petitions against apartment developer debtors. In the context of bankruptcy law, legal certainty is crucial to protect creditors' rights while also providing adequate protection for debtors experiencing financial distress. However, several issues arise regarding legal certainty in debt payment suspension petitions involving apartment developers. One example is the case of an apartment developer in the Commercial Court Decision No. 97/Pdt.Sus-PKPU/2024/PN Niaga Jkt Pst. This research explores the legal certainty surrounding the suspension of debt payment obligation petitions against apartment developer debtors, as governed by Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations. The study finds that the court's decision demonstrates legal protection for debtors by taking into account factual conditions and creditors' rights. This ruling has significant implications for the development of bankruptcy law in Indonesia, particularly in resolving the debts of financially distressed apartment developers. In conclusion, legal certainty in the suspension of debt payment obligation petitions involving apartment developers must be grounded in the principle of justice, ensuring protection for all parties involved in the dispute while maintaining a balance between the rights of debtors and creditors.
Co-Authors Balraj Kaur Jessica Dharmawan Rizqy Dini Fernandha