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All Journal Journal Evidence Of Law Harmonization
Nasution , Krisnadi
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum terhadap Tagihan Piutang Kreditur yang Tertolak Pada Tahapan Verifikasi oleh Pengurus dalam Proses PKPU Faisalsyah, Moch Akbar Alfian; Nasution , Krisnadi
Journal Evidence Of Law Vol. 3 No. 2 (2024): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i2.652

Abstract

This research aims to analyze the legal protection of creditor receivables that are rejected at the verification stage by the management in the PKPU process. The type of research used in this research is normative legal research, and also uses 2 (two) approaches, namely the statute approach and conceptual approach. The results of this study show that the consideration of the Panel of Judges in deciding cases based on the Constitutional Court Decision Number 23/PUU-XIX/2021 has reflected the principle of justice as a grant of rights to members of society based on the principle of proportional equality and the principle of justice enshrined in the Bankruptcy and PKPU Law. Debtors and their respective creditors can defend their respective rights in the context of debt settlement through the cassation legal remedy mechanism. The legal implications of the Constitutional Court Decision Number 23/PUU-XIX/2021 on PKPU as a form of debt settlement with a fast dimension can be reviewed from the characteristics of PKPU which make the process time period increase due to the cassation appeal that can be filed; and the open cassation appeal is a strategic effort to realize the right justice paying attention to accuracy and accuracy in terms of the principle of fast and simple justice. Additional costs for the cassation appeal are a logical consequence for the implementation of the case.
Perlindungan Hukum Terhadap Korban Penipuan Pada Aplikasi Trading Binomo: Watumlawar, Marvin Asteres Vice; Nasution , Krisnadi
Harmonization : Jurnal Ilmu Sosial, Ilmu Hukum, dan Ilmu Ekonomi Vol. 2 No. 1 (2024): Maret
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/harmonization.v2i1.405

Abstract

 Tralding in generall is al balsic economic concept thalt includes buying alnd selling of goods alnd services. Profits from tralding alctivities alre obtalined from the protection thalt al buyer hals on al seller, or the exchalnge of goods or services between two palrties. Tralde caln not only be done with people from the salme country, but allso globallly which is callled internaltionall tralde. The internaltionall tralde malrket offers tougher competition. This allso hals aln impalct on crealting more competitive prices. Currently calses of fralud in online tralding alpplicaltions alre pealking due to the lalck of knowledge of the public who only walnt high profits. The fralud calused the loss of the victims' alssets while the perpetraltors were sentenced to prison. Furthermore, this study alims to exalmine how legall protection is provided to victims of fralud alnd embezzlement in online tralding alpplicaltions. While the type of resealrch used is normaltive lalw with the alpproalch of staltutory regulaltions, conceptuall alpproalch, alnd calse alpproalch. The resealrch results obtalined alre thalt legall protection for victims so thalt the victims' rights alre fulfilled alnd protected in alccordalnce with the Consumer Protection Alct alnd the concept of al restoraltive justice alpproalch, severall alttempts by victims to obtalin their property rights alre obtalined, nalmely compensaltion efforts balsed on alcts algalinst the lalw or defalult; efforts to alpply for al merger of calses of compensaltion for dalmalges; alnd efforts to alpply for restitution to the court through the Witness alnd Victim Protection Algency.
Co-Authors Faisalsyah, Moch Akbar Alfian Watumlawar, Marvin Asteres Vice