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All Journal Journal of Economic & Business Law Review Welfare State Jurnal Hukum
Rosiga, Fonnyta Laurenzia
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Peran Bank Garansi dalam Mengurangi Risiko Bisnis pada Proyek Konstruksi di Indonesia Rosiga, Fonnyta Laurenzia
Journal of Economic and Business Law Review Vol. 4 No. 2 (2024): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jeblr.v4i2.53498

Abstract

The banking and construction industry has a strategic role in supporting economic stability and growth in Indonesia. Bank guarantee as one of the important instruments in the banking sector, provides guarantees to the recipient of customer obligations. In the construction industry, bank guarantees are used to mitigate risks in infrastructure development projects. However, the regulations governing the bank guarantee mechanism are still general and not detailed, giving rise to many interpretations and deviations. This affects dispute resolution, project implementation, and trust between the parties involved. On the other hand, challenges in the construction industry, such as project delays, contract disputes, and regulatory complexity, are also obstacles in supporting national development. Therefore, it is necessary to prepare more detailed regulations and standardize operational procedures related to bank guarantees, as well as strengthen supervision and professionalism in the construction industry, to create legal certainty, efficiency, and sustainability of national infrastructure development. The method used in this study is normative. Relevant legislative and conceptual approaches.
Penyalahgunaan Akta Notaris dalam Skema Pailit Rekayasa Rosiga, Fonnyta Laurenzia; Safirah, Asharin Sindy
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4620

Abstract

This study examines the engineered bankruptcy scheme carried out through the use of authentic deeds, thereby raising the need to review the role and responsibilities of notaries. A notarial deed has the nature of perfect evidentiary strength, yet in practice there is room for misuse, allowing such documents to facilitate bankruptcy petitions based on fictitious debts. The study highlights a case involving the use of a shell company to submit a debt suspension petition, illustrating the potential abuse within the legal system. By employing a normative approach and analyzing legal documents, the research underlines the urgency of stricter supervision over notarial practices and the necessity of stronger verification mechanisms in both company incorporation and the evidentiary process in bankruptcy proceedings. Furthermore, the study emphasizes the importance of notaries’ moral integrity in maintaining public trust in law. The findings recommend administrative reforms, enhanced professional standards, and reinforced oversight to prevent the misuse of formal legality for unlawful interests
Co-Authors Safirah, Asharin Sindy