Manalu, Bryan Septian
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Wanprestasi Kewajiban Perusahaan yang Pailit: Studi Kasus PT Merpati Nusantara Airlines Manalu, Bryan Septian; Hidayanto, Nur Jantra; Rahmadia, Mohamad Haikal; Tanjung, Salsas Bila Juniyanti; S, Surahmad
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15189615

Abstract

Bankruptcy is a legal mechanism used to resolve debts when a debtor is unable to fulfill their obligations. This study examines the bankruptcy case of PT Merpati Nusantara Airlines, a State-Owned Enterprise (SOE) operating in the aviation sector. The purpose of this study is to analyze the form of legal protection provided to creditors during bankruptcy proceedings, as well as the legal resolution process applied to PT Merpati Nusantara Airlines. A descriptive qualitative method was employed through a literature review of relevant regulations and court decisions. The results indicate that legal protection for creditors in bankruptcy is regulated through the classification of creditors into three categories: concurrent, secured (separatis), and preferred (preferen) creditors—each with different rights and priorities. Meanwhile, the bankruptcy process of PT Merpati Nusantara Airlines involved several complex stages, beginning with the bankruptcy petition filed by PT Perusahaan Pengelola Aset (PPA), the declaration of bankruptcy by the Commercial Court, and the management of assets by the appointed curator.
LEGAL PROTECTION FOR WORKERS WITH DISABILITIES IN THE WORKPLACE TO ENSURE EQUALITY AND WELFARE IN INDONESIA Manalu, Bryan Septian; Hadi, Syamsul
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1855

Abstract

This study explores the legal protections for workers with disabilities in Indonesia, highlighting the importance of ensuring equality, inclusivity, and welfare in the workplace. Despite existing laws that safeguard their rights, persons with disabilities still face discrimination, limited job opportunities, and inadequate workplace accommodations. Indonesia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and enacted Law Number 8 of 2016 on Persons with Disabilities and Law Number 13 of 2003 on Manpower. However, enforcement remains weak due to poor implementation, lack of supervision, and limited sanctions for non-compliance. Using a normative juridical research approach, this study employs legislative and conceptual methods to review relevant laws, regulations, and literature and assess their effectiveness. Results show that, although legal norms promote equal employment rights, practical challenges persist because of structural and cultural barriers. Institutions like the Disability Service Unit (ULD) and initiatives such as DNetwork play vital roles in improving accessibility and fostering inclusive employment. Additionally, some local inclusive enterprises in South Tangerang demonstrate how community efforts can empower persons with disabilities in the workforce. The study concludes that strong legal protections require not only comprehensive laws but also effective enforcement, cooperation between the government and the private sector, and ongoing public awareness campaigns to combat stigma. Developing inclusive employment policies and adaptable work environments is essential for achieving social justice and advancing the welfare and productivity of workers with disabilities in Indonesia.