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Actio Pauliana in Bankruptcy Cases and Their Legal Effects (Case Study of Supreme Court Decision No. 388 K/Pdt.Sus-Pailit/2014): Actio Pauliana dalam Perkara Kepailitan dan Akibat Hukumnya (Studi Kasus Putusan Mahkamah Agung No. 388 K/Pdt.Sus-Pailit/2014) Romadhan, Moh Rahmat Rizki; Suprapti, Duhita Driyah
Annual Review of Legal Studies Vol. 1 No. 2 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i2.4096

Abstract

This research delves into the Actio Pauliana in bankruptcy cases, which involves legal action taken prior to declaring bankruptcy against the Debtor. The method employed in this research is a qualitative approach, utilizing statutory regulations and case studies. This type of research is normative juridical, examining and analyzing Supreme Court Decision No. 388 K/Pdt.Sus-Pailit/2014, the Civil Code, Law No.37/2004, Law no. 40/2007, and interviews with bankruptcy experts. Primary data sources include interviews with bankruptcy experts, while secondary data sources consist of primary legal materials such as legislation and court decisions, along with secondary legal materials like books, journals, and articles related to the research, as well as tertiary legal materials. Researchers gathered legal analysis materials and conducted literature studies, which were discussed qualitatively and descriptively. The discussion in this research revolves around the legal act of transferring company assets through a sale, executed under the name of the President Director before the court's decision to declare bankruptcy, as well as the legal consequences of the sale and purchase agreement, and the examination of evidence regarding the actions of the main director.
Increasing Public Understanding of the Prevention and Complaints of Fraudulent Investments Suprapti, Duhita Driyah; Fibrianti, Nurul; Maharani, Anggun Meinanda
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 2 (2022): Mainstreaming Justice through Advocacy in Various Aspects
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i2.29829

Abstract

The many offers of high income make many people interested in investing. People's carelessness backfires on those who are victims of fraudulent investments. Illegal investment or more commonly known as a fraudulent investment is indeed carrying out investment activities that are not following existing regulations. The ease of access to information and the affordability of technology today has become the ground for illegal investment actors to look for victims. Investments that initially aim to obtain maximum income from existing capital in the future harm investors. In illegal assets, it is not only the activities that are not appropriate, but the completeness of the licensing documents for investment companies is also incomplete. Many types of activities resemble investments but are fake or illegal. The victims of this activity are not only a few. Even from all walks of life are victims of this irresponsible activity. This service is carried out by educating the public regarding complaints and assisting with illegal investments. This service will be carried out by providing investment training for the community in Kalipancur Village, especially for mothers and teenagers who are often the target of investment fraud. Such an approach is expected to provide validity of the results as a good outcome. This training is considered efficient and effective because the public understands and understands commercial transactions through the internet to increase their knowledge to increase their income and standard of living.
Targeting MSME Opportunities through Brands: Strengthening the Legal Protection through Community Services Fibrianti, Nurul; Suprapti, Duhita Driyah; Ardiansari, Anindya; Isnani, Isnani; Paramita, Niken Diah; Windiahsari, Windiahsari
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 5 No 2 (2022): Indonesian Journal of Legal Community Engagement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v5i2.60224

Abstract

This paper explores the critical intersection of branding and legal protection for Micro, Small, and Medium Enterprises (MSMEs), acknowledging the pervasive misunderstanding among business actors regarding brands as intellectual property. Despite brands serving as integral identities for products, many MSME owners overlook their legal protection by the state. This gap in understanding exposes brands, including owned trademarks, to unauthorized use, posing significant risks to brand owners. Consequently, MSME actors often perceive brands merely as complementary additions to their products, neglecting their pivotal role in securing business viability. Recognizing the imperative for assistance in trademark registration to safeguard businesses, this paper advocates for proactive measures to educate and support MSMEs in navigating legal frameworks. By empowering MSMEs with the knowledge and tools for effective brand management and legal safeguards, this initiative aims to unlock opportunities for growth and competitiveness in the market landscape. Moreover, leveraging the potential of branding within tourism-rich regions like Karanganyar Regency, particularly the Matesih sub-district, offers a promising avenue for MSMEs to broaden product visibility. The influx of tourists presents an opportunity for MSMEs to position their products as souvenirs, thereby indirectly promoting their brands through consumer engagement. By capitalizing on protected brands, MSMEs can effectively tap into consumer-driven promotion and expand their market reach. This paper underscores the crucial role of community services in strengthening the legal protection of MSMEs' brands, thereby facilitating their sustained growth and resilience in the marketplace. Through strategic interventions and collaborative efforts, MSMEs can harness the power of branding
LEGAL PROTECTION EFFORTS FOR MSME ENTREPRENEURS BASED ON LAW NO. 11 OF 2020 ON JOB CREATION LAW Suprapti, Duhita Driyah; Ristanti, Dina; Pangestika, Finna Maessy; Fuad, Choirul; Alfarisi, Salman
Indonesia Law Review Vol. 15, No. 1
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia is the fourth-highest country with a level of population density that will undoubtedly cause many problems, one of which is the problem related to unemployment that is increasingly increasing. Therefore, the Government then took the initiative to issue a law that can pioneer job creation, ease of effort, investment, and empowerment of small micro-businesses. Focus on the actions of youth in making investments then whether this Job Creation Law also provides adequate protection for entrepreneurs, especially MSME entrepreneurs. MSME entrepreneurs need legal protection because most do not understand the Law in Indonesia and cannot afford to hire legal counsel or lawyers. The protection guaranteed by the Government makes MSME actors immensely helped. This research seeks to examine the application of Job Creation Law to Micro Small, Medium Enterprises (MSMEs). So that it is expected to make a positive contribution in formulating a system of legal protection that is in accordance and sustainable in harmony with the Business, Micro, Small, Medium Law (MSMEs) as well as laws related to investment and the 1945 Constitution as the basis of the Indonesian state, the research will be conducted with field research into locations that the author considers relevant to the issues raised. Such an approach is expected to support the validity of the study results as sound output. Protection for MSMEs along with increasing investment. On the other hand, the Tegal Regency Government has implemented several measures. The Tegal Regency Government is assisted by the DPMPTSP, the Industry and Manpower Service, and the Trade, Cooperatives, and MSMEs Service to help each other provide guidance related to business legality. These agencies also have internal efforts to help each other manage business legality in Tegal Regency. According to Shinta, as the owner of the Bolen Nyempluk business, it is pretty easy, one of which is for PIRT permits for food businesses that can be accessed by the Disperindagkop which collaborates with the DPMPTSP, even for product packaging, recommendations, and provisions are also provided by the Disperindagkop. In providing assistance and legal assistance services, PP No. 7 of 2021 also states that in certain emergency conditions, the Central and Regional Governments must seek MSME recovery by doing several things such as credit restructuring, business reconstruction, financial assistance, and providing services in other forms. In addition, Article 54 of Government Regulation Number 7 of 2021 also mandates that the Central and Regional Governments play an active role in providing protection and security to maintain the competitiveness of MSME products in the domestic market. To increase product competitiveness, the Ministry of Industry and Manpower also includes training and coaching to business actors, and this training activity also involves business actors and prospective business actors. Providing access to this license certainly makes people interested in having their own business because the licensing process is more straightforward, but they still get coaching.
Improving Understanding of Intellectual Property Commercialization to High School and Vocational School Teachers and Students Irawaty Irawaty; Wara Dyah Pita Rengga; Dani Muhtada; Duhita Driyah Suprapti; Yoris Adi Maretta
Jurnal Panjar: Pengabdian Bidang Pembelajaran Vol. 5 No. 2 (2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/panjar.v5i2.34800

Abstract

Understanding how to leverage intellectual property for economic gain has become increasingly urgent, as the 21st century, a digital technology era, has made creativity and innovation a highly potential source of capital. Based on the issues outlined above, it is crucial to implement activities to enhance understanding of intellectual property and its use to generate income for the community. This community service activity will target high school and vocational school students and teachers in Semarang City. The current curriculum accommodates and is relevant to intellectual property. Furthermore, various scientific competitions have been held, resulting in diverse creative and innovative outcomes. These activities, designed to enhance teachers' and students' understanding of intellectual property and its commercialization, are delivered through presentations by the team and resource persons. To find out the results and potential impact of the activity, after the presentation of the material, a questions and answers session was held with questions regarding the material that had been given. The planned activity was attended by participants consisting of high school/vocational high school teachers and high school/vocational high school students in Semarang City/Regency totalling 100 people. The activity was held on 18 July 2024, on the 3rd Floor of the UNNES LPPM Building. The activity began after being opened by the Secretary of UNNES LPPM. As speakers at the activity were the Head of the Central Java Provincial Education and Culture Office, the Head of the Human Resources Division of the Central Java Provincial Education and Culture Office, the Head of the Vocational High School Section of the Central Java Region I Education Office Branch, and the Chairperson of the Center for Innovation, IP, and Commercialization. The four speakers delivered material guided by a moderator from the community service team. 
CRIMINAL LAW POLICY OF ILLEGAL PHARMACEUTICAL PREPARATIONS IN THE HEALTH OMNIBUS LAW Firman Erry Probo; Anis Widyawati; Duhita Driyah Suprapti
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 4 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i4.2428

Abstract

The purpose of the omnibus law is to simplify the legislation amidst the overlapping legal conditions in Indonesia. The purpose of this article is to explain how the criminal law policy of the Omnibus Law applies to the circulation of illegal pharmaceutical preparations in Indonesia, seen from the position of the criminal article regarding the circulation of pharmaceutical preparations in Law Number 17 of 2023 concerning Health. Where Law Number 17 of 2023 concerning Health has revoked the old Health Law, namely Law Number 36 of 2009 concerning Health. This raises doubts for law enforcement officers in law enforcement efforts, whether they can still use the omnibus law of the Job Creation Law which has changed the article related to Illegal Pharmaceutical Preparations in the old Health Law. Based on the results of research on applicable laws and theories related to the formation of the omnibus law, the author argues in the conclusion that the criminal law policy of pharmaceutical preparations in the Health omnibus law aims to simplify the licensing regulations for pharmaceutical preparations into one Law, namely the Job Creation Law. Laws using the omnibuslaw method can only be repealed by the same law so that the articles in the old Health Law which have been amended in the job creation law are still declared valid and can be used by law enforcement officials in enforcing the law against the distribution of illegal pharmaceutical preparations.
Accountability for Error in Procedendo in Bankruptcy Proceedings in Indonesia Siburian, Julya Paulina; Duhita Driyah Suprapti; Anis Widyawati
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.36770

Abstract

This study aims to comprehensively analyze the forms of maladministration that give rise to error in procedendo in the adjudication of bankruptcy cases in Indonesia, and to evaluate the extent to which the principles of accountability and procedural justice are implemented by commercial court judges. Employing a normative legal research method through statutory, case-based, and conceptual approaches, this study examines the Central Jakarta Commercial Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/Pdt.Sus-Pailit/2024 as the primary bases of analysis. The findings reveal various forms of maladministration, including delays in the cassation process, violations of statutory deadlines, inaccuracies in determining the legal standing of creditors and debtors, and irregularities in the creditor-verification process. These procedural deviations significantly undermine the effectiveness of the principles of expeditious, simple, and low-cost proceedings as mandated by Law No. 37 of 2004. Based on Romzek and Dubnick’s theory of accountability, the study finds that legal and bureaucratic accountability tend to predominate, while professional and political accountability remain suboptimal. Through the lens of Tom R. Tyler’s theory of procedural justice, the research asserts that judicial non-compliance with procedural requirements adversely affects public trust and the perception of fairness in commercial court proceedings. Accordingly, this study recommends strengthening internal oversight mechanisms, enhancing the professional capacity of judges, and ensuring consistent adherence to procedural standards to promote legal certainty and justice in Indonesian bankruptcy proceedings.
The Implication of Halal Tourism Regulations to Encourage Community Well-Being: Lesson From Malaysia Kusumaningtyas, Reza Octavia; Rodiyah, Rodiyah; Suprapti, Duhita Driyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5280

Abstract

It is crucial to ascertain whether halal tourism regulation can stimulate economic growth and promote sustainable national development to achieve community well-being. This research aims to advance halal tourism regulation to encourage the community's well-being. This research employs a qualitative methodology to conduct sociological and legal research. The research’s findings show that the decentralization of halal tourism regulation is intended to enhance the community's well-being. Nevertheless, the central level has not engaged in any discussions regarding the legal framework governing halal tourism implementation. The number of tourist visits, destinations, and hotels can be increased by the implications of halal tourism regulation in the form of Regional Regulations, particularly in West Nusa Tenggara. However, this has not resulted in community well-being. In contrast, Malaysia maintains robust institutions and regulations. The regulation of halal tourism in Malaysia is crucial for enhancing community well-being, as it promotes economic growth, employment opportunities, and adherence to Islamic principles. Consequently, it is crucial to enhance the institutional framework in Indonesia to supervise the implementation of halal tourism, foster collaboration among stakeholders, and strengthen regulations surrounding halal tourism to encourage community well-being.
Analisis Yuridis Kebijakan TKDN terhadap Kepastian Hukum Penanaman Modal Asing di Sektor Teknologi di Indonesia Muhammad Alldo Hibahtillah; Sang Ayu Putu Rahayu; Duhita Driyah Suprapti
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20657279

Abstract

Factually, the implementation of Local Content Requirements (LCR), known in Indonesia as the Domestic Component Level (TKDN), presents both opportunities and challenges in relation to foreign direct investment. This study aims to analyze the legal framework governing TKDN policies in Indonesia and to examine their impact on foreign investment. This research uses a qualitative method with a descriptive approach through the analysis of primary and secondary data. The results show that TKDN policy has been regulated through various laws and regulations, including Law Number 3 of 2014 concerning Industry and Government Regulation Number 29 of 2018. The policy aims to strengthen domestic industries, reduce dependence on imports, and encourage technology transfer. However, in practice, the implementation of TKDN still faces several obstacles, such as regulatory complexity, limited domestic industrial capacity, and increased production costs for foreign investors. Therefore, improvements in regulatory clarity, industrial capacity, and policy implementation are necessary to ensure that TKDN policies can be carried out effectively without reducing investment attractiveness .
Implikasi Kebijakan TKDN terhadap Minat dan Kinerja Emiten Asing di Sektor Teknologi dalam Pasar Modal Indonesia Muhammad Alldo Hibahtillah; Sang Ayu Putu Rahayu; Duhita Driyah Suprapti
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20657977

Abstract

Factually, the implementation of the Domestic Component Level (TKDN) policy in Indonesia creates various implications for foreign technology issuers in the Indonesian capital market, both as an opportunity and a challenge. This study aims to analyze the legal framework governing TKDN policies and examine their implications for the interest and performance of foreign issuers in the technology sector within the Indonesian capital market. This research employs a normative juridical method with statutory and conceptual approaches through the analysis of primary and secondary legal materials. The results indicate that TKDN policy has been regulated through several laws and regulations, including Law Number 3 of 2014 concerning Industry and various ministerial regulations related to domestic component requirements in the technology sector. The policy is intended to strengthen domestic industries, encourage technology transfer, and increase the competitiveness of local products. However, in practice, the implementation of TKDN policies may influence the attractiveness of Indonesia’s capital market for foreign technology issuers due to regulatory complexity, compliance costs, and limitations in domestic industrial capacity.