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Paradoks PKPU sebagai Instrumen Perdamaian yang Berujung Kepailitan pada Kasus PT Alamsari Lestari Silalahi, Udin; Yap, Abigail Angeline; Maharani, Aurelia Gisa; Putri, Rafirstka Madyah; Nevada, Valonia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga Vol. 7 No. 4 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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This study examines the legal analysis of the fulfillment of formal and material requirements in the voluntary petition for Suspension of Debt Payment Obligations filed by PT Alamsari Lestari. The research is based on the decision of the Commercial Court at the Central Jakarta District Court Number 137/Pdt.Sus-PKPU/2023/PN Niaga Jkt.Pst and the provisions of Law Number 37 of 2004 concerning Bankruptcy and the Suspension of Debt Payment Obligations. The findings indicate that PT Alamsari Lestari has fulfilled both formal and material requirements for submitting a voluntary petition. Formally, the company obtained approval from the General Meeting of Shareholders (RUPS) and submitted the petition in accordance with procedural rules. Materially, PT Alamsari Lestari was proven to have debts to more than one creditor, with obligations that had fallen due and could be claimed. The court’s consideration in granting the petition serves as a preventive measure to avoid bankruptcy and allows the company to restructure its debts through a legally supervised peace plan. This case reflects how the Suspension of Debt Payment Obligations functions as an instrument to balance the interests of debtors and creditors under Indonesian bankruptcy law.

Analysis of the Elements of Unlawful Acts in Decision Number 34/Pdt.G/2018/PN Bli and the Position of L&B Tax as Evidence Maharani, Aurelia Gisa; Pongsirinding, Fisa Ande; Putri, Rafirstka Madyah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2636

In Indonesia, the concept functions to protect the rights of individuals and groups who are harmed by the actions of others. Based on Article 1365 of the Indonesian Civil Code, any unlawful act that causes harm to another party gives rise to the obligation of the perpetrator to compensate for the damage caused. This study examines the application of tort elements in Decision Number 34/Pdt.G/2018/PN Bli, which involved an inheritance land dispute between the plaintiffs and the defendants, with the Head of the Bangli Land Office also joined as a co-defendant. The plaintiffs argued that the disputed land constituted a legitimate inheritance, but they were only able to support their claim through the Land and Building Tax Assessment Notice. Conversely, the defendants succeeded in proving ownership by presenting a Land Ownership Certificate that was procedurally issued by the National Land Agency. In its ruling, the panel of judges rejected the plaintiffs’ main claim and granted the defendants’ counterclaim, declaring that the plaintiffs had committed an unlawful act by occupying the land without a valid legal basis. This judgment emphasizes that the Land and Building Tax Assessment Notice does not have legal force as proof of land ownership, serving merely as an administrative taxation document, whereas the Land Ownership Certificate constitutes valid and strong evidence of ownership in accordance with Article 32 paragraph 1 of Government Regulation No. 24 of 1997 concerning Land Registration. This study highlights the importance of distinguishing between administrative evidence and juridical evidence in land disputes.

Analysis of the Elements of Unlawful Acts in Decision Number 34/Pdt.G/2018/PN Bli and the Position of L&B Tax as Evidence Maharani, Aurelia Gisa; Pongsirinding, Fisa Ande; Putri, Rafirstka Madyah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2636

In Indonesia, the concept functions to protect the rights of individuals and groups who are harmed by the actions of others. Based on Article 1365 of the Indonesian Civil Code, any unlawful act that causes harm to another party gives rise to the obligation of the perpetrator to compensate for the damage caused. This study examines the application of tort elements in Decision Number 34/Pdt.G/2018/PN Bli, which involved an inheritance land dispute between the plaintiffs and the defendants, with the Head of the Bangli Land Office also joined as a co-defendant. The plaintiffs argued that the disputed land constituted a legitimate inheritance, but they were only able to support their claim through the Land and Building Tax Assessment Notice. Conversely, the defendants succeeded in proving ownership by presenting a Land Ownership Certificate that was procedurally issued by the National Land Agency. In its ruling, the panel of judges rejected the plaintiffs’ main claim and granted the defendants’ counterclaim, declaring that the plaintiffs had committed an unlawful act by occupying the land without a valid legal basis. This judgment emphasizes that the Land and Building Tax Assessment Notice does not have legal force as proof of land ownership, serving merely as an administrative taxation document, whereas the Land Ownership Certificate constitutes valid and strong evidence of ownership in accordance with Article 32 paragraph 1 of Government Regulation No. 24 of 1997 concerning Land Registration. This study highlights the importance of distinguishing between administrative evidence and juridical evidence in land disputes.

Wanprestasi Pinjaman Kredit antara PT. Trust Finance Indonesia dengan PT. Bunga Daru (Studi Putusan Nomor 378/Pdt.G/2024/PN Jkt.Pst) Maharani, Aurelia Gisa; Pongsirinding, Fisa Ande; Putri, Rafirstka Madyah; Garanta, Sandriani
Lex Librum : Jurnal Ilmu Hukum Vol. 12 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v12i1.1128

A breach of contract occurs when one of the parties to an agreement fails to carry out their end of the agreement they made. This infraction could be the consequence of negligence, a delay, or a substantive breach of the contract that affects the other party. This study aims to examine the types of contract violations in investment financing for sale-purchase and leaseback agreements, the factors the court considers when rendering a decision, and the resulting legal consequences for the parties involved in the dispute. In this study, a normative juridical approach is taken. This approach includes examining relevant laws and regulations, literature evaluations, and judicial rulings. According to the study's findings, PT. Bunga Daru, the defendant in this case, was found to have violated the terms of the contract by neglecting to make the agreed-upon installment payments for the car loan. The plaintiff’s evidence, which included the defendant’s past late payments and lack of good faith in paying the outstanding debt, was taken into consideration by the panel of judges. The court’s decision mandated that the defendant pay IDR 188,609,521.00 (one hundred eighty-eight million six hundred nine thousand five hundred twenty-one rupiahs) in fines and the remaining loan balance. To ensure the ruling’s enforcement, the court also ordered a security seizure of the car offered as collateral. However, the judges denied the plaintiff’s request for an immediate implementation of the ruling (uitvoerbaar bij voorraad) and a coercive monetary penalty (dwangsom). The court reasoned that the decision must be carried out in accordance with the relevant legal procedures without subjecting the defendant to more pressure.

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