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All Journal Jurnal Ilmu Hukum The Juris Collegium Studiosum Journal Journal Indonesia Law and Policy Review (JILPR) Jurnal Indonesia Sosial Teknologi
Naiborhu, Mesa Indra
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Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN PENERAPAN UUK-PKPU TERHADAP HAK KREDITOR PEMEGANG HAK TANGGUNGAN DALAM MELAKSANAKAN EKSEKUSI AGUNAN Sihotang, Biner; Naiborhu, Mesa Indra
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1650

Abstract

The Bankruptcy and Postponement of Debt Payment Obligations Law (UUK-PKPU) provides space for debtors to postpone debt payments and restructure their obligations. However, the existence of a 90-day stay provision in the PKPU process has caused serious problems with the rights of creditors holding mortgage rights, especially in efforts to carry out collateral execution. This study aims to analyze the application of the provision in the context of legal protection of creditors, review its compatibility with the principles of legal certainty and justice, and criticize the potential for legal smuggling that may occur in practice. Through a normative approach and literature study, including linking the conflict of norms between UUK-PKPU and the Mortgage Rights Law (UUHT), this article shows that the dominance of the lex posterior derogat legi priori principle in this context often ignores substantive justice for creditors. The results of this study emphasize the need for legal reform of the PKPU stay period and the balancing of protection between debtors and creditors in the process of postponing debt payment obligations. These findings reinforce the urgency of regulatory reorganization to prevent irregularities in the implementation of bankruptcy law in Indonesia.
LEGAL REVIEW OF PTUN DECISION NO. 87/G/2014/PTUN-JKT RELATED TO THE DISPUTE OVER THE DISMISSAL OF STUDENTS BY THE UNIVERSITY Sirait, Timbo Mangaranap; Khalimi; Naiborhu, Mesa Indra
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.428

Abstract

Agent of change is one of the roles given to students, but sometimes in the process they experience obstacles until they are finally dismissed by the Chancellor, so that the decision needs to be analyzed from the perspective of state administrative and constitutional law. The research was conducted using the Normative Juridical Method through literature study and case analysis of PTUN Decision No. 87/G/2014/PTUN-JKT. The problems discussed are: (1) whether the decision is a beschikking that can be used as an object of dispute at the PTUN, and (2) how the constitutional basis strengthens the jurisdiction of the PTUN in this case. The results of the study show, First, that the rector's action fulfills the elements of a State Administrative Decision (Beschikking) and is thus valid as an object of lawsuit. Second, the jurisdiction of the State Administrative Court in the dispute is strengthened not only from the juridical aspect, but also from the principle of due process of law, the values of Pancasila, and the guarantee of the right to education in the constitution, thus recommending the need for caution of university officials in making administrative decisions to remain in line with the principle of substantive justice.
The Fundamental Position Of Lex Posterior Derogat Legi Priori in the Conflict of Norms Against the Rights of Holders of The Right to Justice Naiborhu, Mesa Indra; Wagiman, Wagiman
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 2 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i2.906

Abstract

The principle as a fundamental rule is the background of the legal system, starting from the formulation and formation of laws and regulations to the enforcement of the regulations in question. Legal principles are a very important element in the formation of laws and regulations. Violation of norms shows a tendency to violate principles, and the elimination of norms will impact the tendency to eliminate principles. The methods used are the conceptual approach and the statute approach. The data sources used are secondary data that researchers can obtain from literature studies in the form of books, records, newspapers, journals, and other documents that can be used in this study. Secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. Research results: (1) The position of the lex posterior derogat legi priori principle cannot be placed as a basis for overcoming the conflict of norms between UUK-PKPU and UUHT. (2) Resolution of norm conflicts between UUK-PKPU and UUHT can be done through a harmonisation approach of the two laws through the legislative process in the DPR. The bankruptcy process shows a conflict arising between UUK-PKPU and UUHT because the holder of the dependent right should still be authorised to exercise all his rights even though the grantor of the dependent right is declared bankrupt by article 21 of the Law. In contrast, Article 56 paragraph (1) suspends the rights of creditors of the holder of the 'dependent right'. To overcome the conflict of norms, it should be understood that the principle of lex posterior derogat legi priori means that the new norms/rules of law perfect the enforceability of the old norms/rules of law in the same legal regime
MENAKAR JURIMETRI DALAM SISTEM CIVIL LAW: ANALISIS TEORETIS DAN TANTANGAN PENERAPAN Widjaja, Gunawan; Wagiman; Naiborhu, Mesa Indra
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1733

Abstract

The development of legal science has experienced a shift from a normative approach to an empirical approach, along with the increasing complexity of legal issues in society. jurimetri, as a quantitative approach to legal analysis, combines statistical and computational methods to understand patterns in court decisions and evaluate the effectiveness of regulations. Despite its rapid development in the common law system, its application in the civil law system still faces conceptual and practical challenges. The prescriptive nature of civil law and its reliance on codification are the main obstacles to adopting this method. This article discusses the extent to which jurimetrics can be applied in civil law legal systems, highlighting the fundamental differences between the two legal systems as well as the epistemological challenges that arise. The research utilizes a juridical-normative approach with a conceptual analysis of the relevance of jurimetrics in a written norm-based legal system. The results of the study show that although jurimetrics faces various obstacles, its application is still possible as a tool for legal analysis, especially in evaluating regulations, predicting legal trends, and increasing the efficiency of the justice system. Therefore, it is necessary to develop more flexible methods so that jurimetrics can contribute to the civil law legal system without sacrificing the principle of legal certainty.
REKONSTRUKSI PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM KUHP NASIONAL: TELAAH KRITIS ATAS UU NO. 1 TAHUN 2023 DALAM PERSEPEKTIF HUKUM PIDANA MODERN Saputera, Januar Agung; Naiborhu, Mesa Indra; Budiman, Enna; Widjaja, Liza; Sudrajat, Maman
The Juris Vol. 9 No. 2 (2025): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v9i2.1750

Abstract

This research examines corporate criminal liability under Law No. 1 of 2023 on the Indonesian Penal Code (KUHP) and the urgency of its reconstruction in light of modern corporate crime complexities. Although KUHP 2023 formally recognizes corporations as subjects of criminal law and prescribes applicable sanctions, it lacks specific norms on proving corporate mens rea and the legal relationship between the KUHP and existing sectoral laws (lex specialis). Using a normative legal approach and comparative study of Dutch and United States systems, this article argues that Indonesia’s criminal law remains rooted in an individualistic paradigm, which inadequately accommodates institutional liability concepts such as corporate culture liability and organizational fault. The analysis also highlights inconsistencies between the KUHP’s fault-based liability approach and strict liability mechanisms recognized in environmental and consumer protection laws. Drawing from international models, including principles set forth in the UNCAC and OECD recommendations, the article proposes a reconstruction of corporate liability norms—reformulating corporate mens rea, clarifying the relationship between KUHP and lex specialis, and integrating collective proof mechanisms. These reforms are necessary to establish a more adaptive, integrated, and responsive framework for corporate criminal liability, particularly in addressing transnational economic crimes in the digital era and across strategic sectors.
Co-Authors Budiman, Enna Gunawan Widjaja Khalimi Saputera, Januar Agung Sihotang, Biner Sudrajat, Maman Timbo Mangaranap Sirait WAGIMAN Wagiman, Wagiman Widjaja, Liza