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All Journal AL-Ishlah : Jurnal Ilmiah Hukum Jurnal Hukum Lex Generalis Journal of Business, Management and Social Studies
Permatasari, Yofi
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perspektif Politik Hukum Sehubungan Ketentuan Pembuktian Secara Sederhana Dalam Penyelesaian Utang-Piutang Menurut Hukum Kepailitan Permatasari, Yofi; Gunadi, Ariawan
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.899

Abstract

This study aims to determine the perspective of legal politics in relation to the provisions of simple proof in the settlement of debts in bankruptcy law. The research method used in this study is a literature study which is a study that focuses on the analysis of written materials based on their context. The written materials used in this study are in the form of manuscripts, articles, and journals. This study uses a descriptive research nature that prioritizes explanations regarding the object of research. The results obtained are that simple proof is a proof that focuses on examining bankruptcy petition cases. Where the petition for a statement of bankruptcy must be granted if there is a fact that the debtor has 2 or more creditors and has debts that are due and can be collected. In relation to legal politics, the amendment of Law Number 4 of 1998 to Law Number 37 of 2004 is difficult, because there are several obstacles in changing it.
Akibat Hukum Putusan Pailit terhadap Perseroan Terbatas dalam Kondisi Likuidasi: Studi Putusan Nomor 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst Permatasari, Yofi; Lie, Gunardi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 1: Desember 2024 - Mei 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v28i1.986

Abstract

This research aims to analyze the juridical validity of filing a bankruptcy petition against a State-Owned Company in liquidation and the legal consequences of a bankruptcy decision in such a context, based on a study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Employing a normative legal research method with a case study approach and qualitative-descriptive analysis of primary and secondary legal materials, this study finds that a State-Owned Company in liquidation retains its capacity as a debtor legal subject and can be declared bankrupt if the requirements under Law Number 37 of 2004 are met, particularly concerning the existence of at least two creditors and one payable that is due and simply collectible. The primary legal consequence of a bankruptcy decision in such a situation is the immediate cessation of the liquidation process previously conducted under Law Number 40 of 2007, accompanied by the complete transfer of authority for the management and settlement of the bankruptcy estate from the Liquidator team to the Curator appointed by the Commercial Court. This case study affirms that the bankruptcy mechanism can be legitimately applied to a State-Owned Company in liquidation, implying the supremacy of the Law Number 37 of 2004 regime to realize optimal collective protection for creditors.
english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 1 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i1.114

Abstract

This research aims to obtain research results on Daya Anagata Nusantara in relation to strategic investment reforms for Indonesia’s economic growth. The author uses normative research with the aim of obtaining analysis results based on legal rules, legal principles by analyzing problems with descriptive research. The existence of Danantara as an Investment Management Agency (BPI) provides a new change in terms of national strategic investment management. The establishment of Danantara is a strategic investment reform that is expected to be able to maximize state assets as a form of directed investment based on strong law. The existence of Danantara can have a significant impact that can potentially increase the layers of hierarchy that can extend the bureaucratic process. By employing normative research grounded in legal rules and principles and applying it to the practical context of Danantara, the research offers a novel bridge between legal theory and real-world strategic investment reform in Indonesia. It likely explores how specific legal frameworks underpin and potentially shape the effectiveness of Danantara.
english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.122

Abstract

This research aims to explore and find out the validity of electronic buying and selling agreements in Indonesian civil law based on the perspective of Law of Obligation. In this research, the study uses a normative research method that relies on the analysis of laws and regulations as primary sources, supported by doctrine or opinions of legal experts as secondary sources. The results obtained are that electronic buying and selling agreements in civil law based on the law of obligation are valid and regulated in Article 1320 of the Civil Code and the Law on Information and Electronic Transactions. The parties also get legal protection if they suffer losses preventively and repressively. The novelty in this research is because of the merging of two things, namely buying and selling that is usually done offline is now done online and scientific research needs to be done.
Penerapan Teori Positivisme Hukum dalam Penyelesaian Perkara Kepailitan di Indonesia Permatasari, Yofi; Rasji
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.867

Abstract

This research aims to find out the concept of legal positivism theory in the Indonesian legal system along with its application in bankruptcy cases in Indonesia. The research method used is a literature study with the nature of descriptive research and the type of data used is secondary data through qualitative analysis. The results of the study show that legal certainty is able to provide guarantees to the community of the rights they have in order to realize a fair and proportionate law. In bankruptcy, there is the influence of positivism through Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations has applied several principles, namely the principle of balance, the principle of business continuity, the principle of justice and the principle of integrity.
Co-Authors Ariawan Gunadi Lie, Gunardi Rasji Silalahi, Wilma