Maukar, Michelle Regine
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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 Offense Between Negligence of the State Civil Apparatus and the Criminal Act Of Forgery Of Letters In Making Certificates Of Ownership Rights Budianto, Agus; Nugraha, Dwi Putra; Minerva, Maria; Maukar, Michelle Regine; Laure, Callista; Vandini, Tia
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.11746

Abstract

Abstract  The State Civil Apparatus (ASN) is a profession in government agencies responsible for providing public services based on good governance principles. However, the actual delivery of these services may not always meet public expectations. Maladministration, including negligence, abuse of authority, and neglect of legal obligations, can create opportunities for criminal acts, such as forgery of letters. This research focuses on the correlation between ASN negligence and the crime of letter forgery in the issuance of certificates of ownership. Through a qualitative approach and case study, the study reveals that deviations from the principles of good governance by ASN could be contributing factors to document forgery. Document forgery reflects the elements of an unlawful act and malicious intent. Despite the availability of legal measures in Indonesia, weak supervision and integrity of human resources hinder prevention and prosecution. The study also examines criminal law in India and the Netherlands to assess the Indonesian legal system. Keywords: Maladministration, Forgery, Comparative Criminal Law