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Actio Pauliana sebagai Bentuk Perlindungan Hukum bagi Kreditur Kepailitan Khaqiqi, M. Ikhfal; Elsina L, Rosalinda
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.v3i2.756

Abstract

Actio Pauliana is a right owned by creditors, that creditors can, in certain circumstances, view acts that have been carried out by debtors as being null and void. In a bankrupt estate, the authority to file an Actio Pauliana lawsuit is the curator. In practice, in court it is not easy to file an actio pauliana lawsuit until it is granted by the judge. So there are legal issues related to how the legal protection will be for creditors if the Actio Pauliana lawsuit is rejected by the court. This research was carried out in a descriptive normative manner using a statutory, conceptual and case approach. So in the event that the Actio Pauliana lawsuit is rejected by the court, in this case the creditor still has to hand over the affairs of the bankrupt debtor's assets to the Curator who is supervised by the Supervisory Judge. Furthermore, based on the Bankruptcy Law and PKPU, if the bankrupt debtor is proven to have acted in bad faith at the suggestion of the Supervisory Judge, at the request of the Curator, or at the request of one or more creditors and after hearing from the Supervisory Judge, he can order that the Bankrupt Debtor be detained.
Legal Aid Clinic On Land Law in Candipari Village Sidoarjo Lyanthi, Merline Eva; Ambarwati , Mega Dewi; Elsina L, Rosalinda; Fardayana, Taj Bahy
Jurnal Pengabdian Mandiri Vol. 1 No. 1 (2024): June
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/mandiri.v1i1.500

Abstract

Real Work Study Activities (KKN) is a stage that must be taken by every student, especially students majoring in Law, where this mandatory activity must be taken and is a requirement that must be completed before the final stage, namely the thesis. We took the Thematic KKN program which was held for 4 months located in Candipari Village, Porong District, Sidoarjo Regency. The distance between PT and Candipari village is approximately 35 KM. This activity will of course involve Law Faculty students, local village officials, and the Candipari village community. Some of our goals for conducting KKN in Candipari Village include socialization, education and observation (training). The results of this objective are the basis for us to create research which is outlined in service journals, mass media articles, videos and reports which are submitted to the lecturers concerned. Candipari Tourism Village is a tourist village that offers historical heritage in the form of a temple, it is said that this temple is a heritage from the Majapahit kingdom, this temple is known as Candipari. Historical heritage located in Candipari Village, Porong District, Sidoarjo Regency.
JANJI SUCI YANG TERKOYAK OLEH PIHAK KETIGA: PERLINDUNGAN KONSUMEN ATAS INTERVENSI POLIS ASURANSI KESEHATAN BERBASIS CO-PAYMENT OLEH OTORITAS JASA KEUANGAN (OJK) DITINJAU DARI TEORI KEPASTIAN HUKUM Wijaya Nugroho, Robert; Elsina L, Rosalinda
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 11 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i11.3661

Abstract

This study examines the legal implications of the Financial Services Authority (OJK) Circular Letter No. 7 of 2025, which mandates a 10% Co-Payment system for all health insurance policyholders, including existing policies. Although the regulation aims to curb medical inflation and prevent moral hazard, it has sparked controversy for violating the principle of pacta sunt servanda—agreements must be kept—and for reducing consumer rights without consent. Using a normative legal approach, this research analyzes the legal standing of the circular within the framework of legal certainty and consumer protection theories. The findings indicate that Circular Letter 7/25 potentially exceeds its administrative authority, creates legal uncertainty, and contradicts the principles of consumer protection as stipulated in the Consumer Protection Law, the OJK Law, and the Insurance Law. The study emphasizes the need for a policy review to ensure a balance between the interests of the insurance industry and public welfare. It recommends that OJK coordinate with relevant ministries to address medical inflation through national healthcare cost regulation rather than by transferring additional financial burdens to policyholders.