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PERLINDUNGAN HUKUM BAGI KREDITOR ATAS ADANYA KEPAILITAN (STUDI PUTUSAN NO. 31/PDT.SUS-PAILIT/2023/PN NIAGA JKT. PST.) DARI, WULAN; M.Sudirman
JURNAL EKONOMI, BISNIS DAN HUMANIORA Vol 4 No 1 (2024)
Publisher : Universitas Tangerang Raya

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Abstract

Bankruptcy is a way out to solve the debt problem that presses a debtor, where the debtor does not have the ability or good faith to pay these debts to his creditors and the rights of creditors can still be protected. This study aims to explain the legal efforts made by creditors so that their legal interests are protected and a form of legal protection for creditors due to the debtor's being declared bankrupt in the study of Decision Number No. 31/Pdt.Sus-Pailit/2023/PN Niaga Jkt. Pst.. This research uses normative juridical research and library research by conducting an assessment of the Laws and Regulations and books related to the title of this thesis. The results showed that the Decision of the Commercial Court decided the bankruptcy of PT. Multi Inti Karya. The legality of filing for bankruptcy by PT. Citra Harda Mandiri which is based on part of the receivables from PT.Multi Inti Karya which have met the elements of bankruptcy, namely Article 2 paragraph (1) UUK-PKPU because it is known that the legality made by PT. Multi Inti Karya. with another party, namely Cv. Dwi Sinergy Engineering on the implementation of the agreement, transferred a number of its receivables, so that the bankruptcy status received by PT. Multi Inti Karya caused the loss of its rights in the field of assets.
Upaya Perlindungan Hukum terhadap Dampak Pembangunan Ibu Kota Nusantara terhadap Kepemilikan Tanah Masyarakat Lokal Wanda Putri Dzakiah; M.Sudirman; Benny Djaja
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.677

Abstract

The development of the Nusantara Capital City (IKN) in East Kalimantan presents significant legal challenges regarding local communities' land ownership. Although regulations such as Law Number 3 of 2022 on the National Capital, Law Number 2 of 2012 on Land Procurement for Public Interest Development, and Law Number 5 of 1960 on Basic Agrarian Principles provide legal protection mechanisms, the reality on the ground indicates various obstacles in implementing these laws. Therefore, this study aims to analyze the legal protection available for land ownership held by local communities in the development of IKN. Additionally, it seeks to identify challenges related to the implementation of the prevailing legal framework. An empirical juridical approach is employed to examine legislative provisions and field realities, including conflicts arising in the land acquisition process. The findings reveal that legal protection remains hindered by a lack of transparency, weak access to justice for local communities, and uncertainty in the compensation mechanism. Consequently, improving transparency, strengthening regulations, and ensuring active community involvement in every stage of land procurement are crucial to prevent the development of IKN from compromising the rights of local communities.
Government Efforts to Protect Intellectual Property For Ki Masjong and Agus Cultural Heritage Aditya Salsabila Consoleo; M.Sudirman; Benny Djaja
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Desember
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/ck55hh30

Abstract

The city of Serang in the Banten area has many social relics including the Banten area, the residence of Ki Masjong and Agus Ju. The lack of attention from the local government is one of the reasons and sources of problems that need to be solved, and there are still many cultural heritage sites in Serang City that have not been protected and managed properly. The process of examining information is carried out in a clear way, subjective, descriptive analysis aims to describe the results of observations from issues regarding the protection of the government against intellectual property, Cultural Heritage to IPR in Islam and general law, namely the Old Banten Pilgrimage based on Law Number 11 of 2010 concerning Cultural Heritage to then describe the obstacles faced by the City Education and Culture Office Therefore, it is hoped that the results of this study can present a complete picture of the central object of this research. This is the result of research and discussion that resulted in the conclusion that there is a lack of legal protection carried out by the Serang city government against the Old Banten Pilgrimage Cultural Heritage.