S, Sepriyadi Adhan
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Aspek Hukum Penguasaan Uang Milik Debitor Yang Dikuasai Kreditor Dalam Persfektif Prinsip Kepailitan Cristi, Echa; Sunaryo, Sunaryo; S, Sepriyadi Adhan; Wiranata, I Gede AB; Kasmawati, Kasmawati
VIVA THEMIS Vol 8, No 2 (2025): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v8i2.4404

Abstract

Bankruptcy law exists as a debt settlement mechanism for debtors who are no longer able to fulfill their obligations, with the main objective of creating certainty and justice in the distribution of bankruptcy assets to Creditors. However, in practice, problems often occur when money or assets belonging to the Debtor are physically controlled by one of the Creditors before or during the bankruptcy process. This research aims to analyze the legal aspects related to the control of the Debtor's money by Creditors in the bankruptcy process, by examining the principles of bankruptcy and legal protection for the parties. The method used is normative juridical legal research with a descriptive approach. The results of the study show that the actions of Creditors who hold money belonging to Debtors have the potential to violate the principle of equal treatment of creditors and the principle of general confiscation in bankruptcy law, and can interfere with the process of administering bankruptcy assets fairly and proportionally. Therefore, it is important that there is legal affirmation that protects the rights of debtors while upholding the principle of equal distribution for all creditors in the bankruptcy process
Posisi Hukum Anak Astra Dalam Adat Bali: Relevansi Kedaulatan Hukum Adat Di Tengah Sistem Hukum Nasional Widia Asih, Dewa Ayu Putu; S, Sepriyadi Adhan; Wiranata, I Gede AB; Kasmawati, Kasmawati; Sumarja, FX; Zazili, Ahmad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4103

Abstract

The legal position of astra children (children out of wedlock) in the structure of Balinese customary law, especially in inheritance rights and social participation in customary communities, often faces discrimination because their position is not fully recognized in the paternal lineage, which has implications for inheritance rights, participation in traditional ceremonies, and other social rights. Through a juridical-normative approach, this article aims to analyze the legal position of astra children (children out of wedlock) in the structure of Balinese customary law, inheritance rights, and social participation in customary communities. It also identifies tensions and conflicts between customary law and national law. Although the Constitutional Court Decision Number 46/PUU-VIII/2010 has given legal recognition to extra-marital children, its implementation in the customary realm still faces social and cultural resistance. The tension between the principle of customary law sovereignty and the supremacy of national law is the main highlight. This research shows that the position of astra children in Balinese customary law is influenced by the legitimacy of the biological father and the role of the extended family which has a direct impact on their civil and customary rights. Thus, there is a need for equal legal dialogue between the state and indigenous communities to find common ground that guarantees the protection of astra children's rights without eliminating the identity of customary law that is still alive in the community.
Analisis Perlindungan Hukum Konsumen pada Fitur Paylater di Aplikasi Gojek Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor 77/POJK.01/2016 Salim, Marsela; S, Sepriyadi Adhan; Zazili, Ahmad
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 10, No 2 (2025): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v10i2.4112

Abstract

Legal protection for consumers using the PayLater feature on the Gojek app has become an important issue amid the development of fintech services in Indonesia. This feature offers convenience in transactions with a deferred payment system, but it also carries risks such as unclear information, misuse of personal data, and unethical collection practices. According to the Financial Services Authority (OJK) Regulation No. 77/POJK.01/2016, legal protection includes transparency of information, the legality of the service provider, protection of personal data, electronic agreements, and professional debt collection processes. Consumers also have access to dispute resolution mechanisms, such as the Consumer Dispute Resolution Body (BPSK), Alternative Dispute Resolution (ADR), courts, complaints to the OJK, and internal complaint mechanisms. Although existing regulations provide a strong legal protection framework, further improvements in education, transparency, and oversight are still needed to ensure consumer rights are better safeguarded. Collaboration between regulators, operators, and the public is key to creating a safe and sustainable fintech ecosystem