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PERTANGGUNG JAWABAN PIDANA KURATOR PELAKU PENGGUNAAN SURAT PALSU DALAM PENGURUSAN HARTA PAILIT. Sahrul, Ibnu Ibrahim; Candra, Tofik Yanuar; Pandiangan, Roni
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 5 (2024): SENTRI : Jurnal Riset Ilmiah, Mei 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i5.2750

Abstract

An analysis of the criminal liability of curators involved in the use of forged letters in the management of bankruptcy property highlights the legal responsibility that must be borne by them for such actions. Focusing on criminal and civil legal aspects, this analysis aims to establish justice, maintain transparency, and protect the interests of all parties involved in bankruptcy proceedings. By establishing appropriate legal consequences, this analysis also plays a role in providing a deterrent effect as well as preventing the recurrence of similar violations in the future, thus maintaining the integrity of the bankruptcy law system.Top of Form The method used in this study is normative juridical legal research, conducted by examining library materials or secondary data only, supported by interviews. The approaches in this study include the legislative approach, the conceptual approach, the analytical approach, and the case approach. The sources of legal material in this study are primary, secondary, and tertiary legal sources, with the collection technique involving the identification and inventory of positive legal rules, examination of library materials, and analysis of legal material sources through systematic and analogous legal interpretation. The result of this study is that criminal acts by the curator in the management of bankruptcy property must pay attention to two functions of criminal law: as law enforcement and Norm enforcement. The curator must be independent and comply with the requirements of legal regulations; otherwise, it can be replaced by a supervisory judge. They must also uphold the principles of honesty and openness. Criminal liability curators who use fake letters emphasize the importance of ethics and professionalism, and can lead to legal consequences both criminal and civil if there is abuse of authority.
PERLINDUNGAN HUKUM TERHADAP KURATOR TERKAIT FEE/IMBALAN JASA DALAM MELAKSANAKAN PROSES GOING CONCERN KEPAILITAN Husni, Irwandi; Hakim, Nur; Pandiangan, Roni
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1739

Abstract

In bankruptcy practice, not all bankrupt assets can be immediately liquidated, because Law Number 37 of 2004 opens opportunities for debtors who are still economically prospective to continue their business (going concern ). The purpose of going concern  is to maintain asset value, maximize debt payments, and reduce socio-economic impacts, with judge supervision and creditor approval. However, there is still a legal vacuum regarding the protection of curator service Fees for additional risks and workloads. The formulation of the research problem is: how is the legal regulation of the implementation of going concern  in bankruptcy, and how is the legal protection for curators related to Fees/service Fees in carrying out the process of continuing the debtor's business (going concern ) in bankruptcy. The theory used is Satjipto Rahardjo's legal protection and M. Hadi Shubhan's bankruptcy theory. The method used in this research is a normative juridical research, namely library legal research or secondary data with primary, secondary, and tertiary legal materials as sources. The research approach used is a legislative approach, a conceptual approach, and legal material collection techniques are carried out by identifying and inventorying positive legal regulations, literature books, journals, and other legal material sources. The legal material analysis technique is carried out using grammatical legal interpretation, systematic interpretation, teleological interpretation, and functional interpretation. The results of the study indicate that legal protection for curators in going concern  cases is inadequate. Clear legal regulations are needed regarding the mechanism for implementing going concern  cases, including the regulation of compensation for curators in carrying out going concern  cases. It is recommended that Law Number 37 of 2004 be revised, as well as the Regulation of the Minister of Law concerning Guidelines for the Amount of Remuneration for Curators and Administrators, and that intensive training related to the implementation of going concern  cases be conducted by the Ministry of Law of the Republic of Indonesia to improve the capacity of curators in managerial, financial, and business governance aspects
KEPASTIAN HUKUM ARBITRASE PENYELESAIAN SENGKETA BISNIS SESUAI UNDANG-UNDANG NOMOR 30 TAHUN 1999 TENTANG ARBITRASE LEGAL CERTAINTY Wamnebo, Frangky; TW, Gatut Hendro; Pandiangan, Roni
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 9 (2025): SINERGI : Jurnal Riset Ilmiah, September 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i9.1759

Abstract

The conflict of norms between Article 3 in conjunction with Article 11 of the Arbitration Law and APS with law number 48 of year 2009 the Law Judicial power has resulted in inconsistencies in court decisions The Law Of Torts in the law cases that are boundby arbitration clauses. Decision No.10/Pdt.G/2010/PN.JKT prioritizes Article10 number 48 of year 2009 the Law Judicial power ,while Decision No. 629/PDT/2011/PT. DKI and Decision No. Putusan MA No.862 K/PDT/2013 is guided by the Arbitration Law.The problem formulation used; First, how are the arbitration process arrangements regulated according to Law Number 30 of 1999 concerning Arbitration?Second, what is the legal certainty of implementing arbitration decisions in resolving business disputes? This research aims to analyze the differences in the legal basis used in the three decisions and evaluate legal certainty in resolving regarding unlawful acts the law disputes that are bound by arbitration clauses. The research method used is normative juridical with a statutory, case study, and conceptual approach. The research results show that Article 10 number 48 of year 2009 the Law Judicial power Law is contrary to the principle of pacta sunt servanda and is based on the principle of lex specialis specialiteit,which places the Arbitration Law as a more specific regulation in The Law Of Torts disputes that are bound by arbitration agreements. This conflict of norms creates legal uncertainty, which has the potential to harm the parties. The conclusion research recommends that Article 10 number 48 of year 2009 the Law Judicial power Law be harmonized with the Arbitration Law and encourages judges to make the Arbitration Law the main guideline in The Law Of Torts disputes that are bound by arbitration clauses. This step is important to uphold the principle of pacta sunt servanda and achieve legal certainty