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Gani, Maria Minerva
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Law, Crime, Criminology & Criminal Justice

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Superstar Fitness' Default Dispute for Negligence in Contract Agreement Gani, Maria Minerva; Lauren, Callista; Maukar, Michelle Regine
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 2 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i2.8645

Abstract

The dispute case between PT Cipta Usaha Amerta Nusantara and its creditors reveals the complexity of default in the implementation of the interior construction service contract. This research aims to analyze (1) the legal position of contract agreements in bankruptcy cases, (2) the application of the concept of debt as a form of default in treaty law, and (3) the legal possibilities that creditors have to recover their rights in the form of compensation, interest, or costs. The research method used is normative legal method with prescriptive and hermeneutic approaches. The decision of the Commercial Court at the Central Jakarta District Court shows that the bankruptcy petition cannot be granted because the minimum requirement of two legitimate creditors is not met. Nevertheless, the respondent's negligence in fulfilling its payment obligations towards the applicant and other parties, both employees and customers, showed a clear default. This research also reveals that creditors have a strong legal basis to demand the fulfillment of rights through default lawsuits and bankruptcy if the formal requirements are met. Therefore, more careful contract management and an adequate company financial monitoring system are required to avoid widespread losses for the parties involved.
The Paradox of Limited Evidence and the Legitimacy of the Decision in the Ferdy Sambo Case Gani, Maria Minerva; Tombeg, Meiraate Leos Lediana; Belo, Nimrod Welly; Palilli, Marchello Putra Toding
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 4 (2025): JIHAD : Jurnal Ilmu Hukum dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i4.9769

Abstract

The Paradox of Limited Evidence and the Legitimacy of Verdicts in the Ferdy Sambo Case reveals the gap between legal norms and the reality of criminal justice practice in Indonesia. This study originates from the background of evidentiary failure, which should serve as the core of judicial proceedings but was distorted by manipulation and obstruction of justice. The aim of the research is to analyze how the evidentiary system in the Indonesian Criminal Procedure Code, which adopts the negatief wettelijk bewijs system, failed to function properly in the Sambo case due to tampered evidence, pressured witnesses, and bureaucratic subordination. The research method employs a normative juridical approach with a case study, examining relevant legislation, doctrines, and court decisions. The findings show that although Indonesian law provides a comprehensive normative framework to guarantee justice through the 1945 Constitution, TAP MPR XVII/1998, the Criminal Procedure Code, the Penal Code, the Anti-Corruption Law, and the Judiciary Law, in practice the legal system remains vulnerable to abuse of power. The study concludes that the Sambo case is not only about premeditated murder but also reflects the fragility of evidentiary integrity and the legitimacy of judicial verdicts in the eyes of the public.
Co-Authors Belo, Nimrod Welly Lauren, Callista Maukar, Michelle Regine Palilli, Marchello Putra Toding Tombeg, Meiraate Leos Lediana