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PERLINDUNGAN HUKUM TERHADAP KURATOR TERKAIT FEE/IMBALAN JASA DALAM MELAKSANAKAN PROSES GOING CONCERN KEPAILITAN Irwandi Husni; Nur Hakim; Roni Pandiangan
SINERGI : Jurnal Riset Ilmiah Vol. 2 No. 8 (2025): SINERGI : Jurnal Riset Ilmiah, Agustus 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v2i8.1739

In bankruptcy practice, not all bankrupt assets can be immediately liquidated, because Law Number 37 of 2004 opens opportunities for debtors who are still economically prospective to continue their business (going concern ). The purpose of going concern is to maintain asset value, maximize debt payments, and reduce socio-economic impacts, with judge supervision and creditor approval. However, there is still a legal vacuum regarding the protection of curator service Fees for additional risks and workloads. The formulation of the research problem is: how is the legal regulation of the implementation of going concern in bankruptcy, and how is the legal protection for curators related to Fees/service Fees in carrying out the process of continuing the debtor's business (going concern ) in bankruptcy. The theory used is Satjipto Rahardjo's legal protection and M. Hadi Shubhan's bankruptcy theory. The method used in this research is a normative juridical research, namely library legal research or secondary data with primary, secondary, and tertiary legal materials as sources. The research approach used is a legislative approach, a conceptual approach, and legal material collection techniques are carried out by identifying and inventorying positive legal regulations, literature books, journals, and other legal material sources. The legal material analysis technique is carried out using grammatical legal interpretation, systematic interpretation, teleological interpretation, and functional interpretation. The results of the study indicate that legal protection for curators in going concern cases is inadequate. Clear legal regulations are needed regarding the mechanism for implementing going concern cases, including the regulation of compensation for curators in carrying out going concern cases. It is recommended that Law Number 37 of 2004 be revised, as well as the Regulation of the Minister of Law concerning Guidelines for the Amount of Remuneration for Curators and Administrators, and that intensive training related to the implementation of going concern cases be conducted by the Ministry of Law of the Republic of Indonesia to improve the capacity of curators in managerial, financial, and business governance aspects

Debtor's Right of Cassation in PKPU Following Constitutional Court Decision 23/PUU-XIX/2021: Consequences for the Protection of Banks as Separate Creditors Roni Pandiangan
Journal of Law and Social Politics Vol. 4 No. 2 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i2.92

Background: Banks as financial institutions that perform the function of collecting and distributing public funds often face the problem of bad credit or Non-Performing Loans (NPL). In an effort to provide legal protection, the state has regulated the collateral mechanism through mortgage rights as stipulated in Law Number 4 of 1996. However, in practice, the execution of collateral often encounters obstacles, especially when the debtor is undergoing a Suspension of Debt Payment Obligation (PKPU) process based on Law Number 37 of 2004. Objective: This study aims to analyze the legal position of banks as separate creditors in the PKPU process and evaluate the quantitative impact of cassation-induced execution delays on bank NPL ratios. Methods: This research uses normative legal methods with a normative juridical approach as its primary approach. The prescriptive nature of the research is directed toward formulating PERMA/SEMA recommendations that balance debtor constitutional rights with bank legal certainty. Results: The results show that separate creditors have a strong position in the PKPU process. However, the decision causes the bankruptcy status to not be inracht, thereby delaying the execution of collateral by banks. This delay results in hindered asset recovery and an increased risk of NPL, which can affect bank health according to Bank Indonesia Regulation Number 15/2/PBI/2013. Therefore, further regulations are needed to ensure legal certainty and protection. Conclusion: Constitutional Court Decision 23/PUU-XIX/2021 structurally weakens the legal protection of banks as separate creditors by introducing a non-suspensive cassation mechanism that delays execution of mortgage rights.

PERLINDUNGAN HUKUM KREDITUR TERHADAP DEBITUR YANG PAILIT KARENA FORCE MAJEURE Afad Pratama Usasra; Nur Hakim; Roni Pandiangan
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 2 (2026): SINERGI : Jurnal Riset Ilmiah, February 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i2.2349

Bankruptcy is a legal mechanism intended to provide legal certainty and fairness for the parties involved, particularly creditors and debtors, in situations where the debtor is unable to fulfill debt obligations. However, in practice, bankruptcy caused by force majeure raises specific legal issues, especially regarding the form and scope of legal protection for creditors. Conditions of force majeure may place the debtor in a position of non-performance without fault, which potentially creates an imbalance of interests between creditors and debtors. The method used in this research is normative legal research, conducted as an effort to obtain the necessary data related to the problem. The data used are secondary data and tertiary legal materials. In addition, primary data is also used to support the secondary legal materials. Data analysis is conducted using qualitative legal analysis methods. The theories used in this research are the Legal Protection Theory and the Risk Theory. The results of the study indicate that legal protection for creditors in bankruptcy caused by force majeure is still provided through the principle of paritas creditorum and the mechanism of bankruptcy estate settlement conducted by the curator. However, the Bankruptcy Law has not explicitly regulated differentiated treatment for debtors who become bankrupt without fault. Therefore, equitable legal interpretation and more comprehensive legal policies are required to ensure a balance of rights and obligations between creditors and debtors in bankruptcy situations caused by force majeure.

KEPASTIAN HUKUM PERJANJIAN KERJA YANG DITANDATANGANI SECARA ELEKTRONIK DALAM PROSES PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL Marie Issabella; Salmon Ginting; Roni Pandiangan
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2861

An employment agreement forms the legal foundation of the relationship between an employer and a worker, setting out the rights and obligations of both parties. The advancement of information technology has encouraged the use of electronic signatures in executing employment agreements, including fixed-term employment agreements, raising questions about their validity and evidentiary strength, particularly when industrial relations disputes arise. This study aims to examine the legal regulation of electronically signed employment agreements and to analyze their legal certainty as evidence in the settlement of industrial relations disputes. This research employs a normative juridical method with statutory and conceptual approaches, presented in a descriptive-analytical manner. The findings indicate that Indonesian contract law has adapted to digital technological developments as regulated under the Law on Information and Electronic Transactions (UU ITE), such that electronic employment agreements—whether signed with certified or uncertified electronic signatures—remain valid and binding provided they satisfy the requirements for a valid agreement. Nevertheless, a normative gap remains regarding whether the use of a certified electronic signature is mandatory for employment agreements. In proving industrial relations disputes, the validity of an electronic employment agreement rests not solely on the electronic document itself, but also on the entire process demonstrating the parties' electronic consent, which is recognized as valid evidence under the Law on Information and Electronic Transactions. This study recommends strengthening regulations on electronic employment agreements and establishing clearer dispute resolution mechanisms to ensure legal certainty for all parties involved.

KEPASTIAN HUKUM MENGENAI BATAS TANGGUNG JAWAB DIREKSI ATAS TERJADINYA FRAUD DALAM PENGELOLAAN PERSEROAN TERBATAS Efran Dippos M. Sinaga; Nur Hakim; Roni Pandiangan
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 2 No. 2 (2026): Vol. 2 No. 2 (2026): CORPUS JURIS : Jurnal Ilmu Hukum, Agustus 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v2i2.2875

This research is motivated by the absence of legal certainty regarding the scope of the Board of Directors' liability for fraud committed in the management of a Limited Liability Company. Although Law Number 40 of 2007 concerning Limited Liability Companies imposes fiduciary obligations upon directors to act in good faith, with due care, and in the best interests of the company, it does not provide clear legal parameters for determining when directors may be held personally liable for fraudulent conduct. This regulatory ambiguity has resulted in inconsistent legal interpretation and judicial application, particularly in distinguishing between legitimate business risks protected by law and unlawful conduct involving fault, abuse of authority, or fraud. This research employs the Theory of Legal Certainty and Theory of Legal Liability. This research adopts a normative legal research method using statutory, case, analytical, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and analyzed qualitatively. The analysis focuses on the Indonesian Civil Code, Law Number 40 of 2007 concerning Limited Liability Companies as amended by Law Number 6 of 2023, together with relevant judicial decisions concerning the civil liability of directors in the management of Limited Liability Companies. The findings demonstrate that the personal liability of directors for fraud does not arise automatically merely because the company has suffered financial losses. Instead, such liability must be established through proof of fault, abuse of authority, negligence, or breach of fiduciary duties committed by the directors in performing their managerial functions. The research further reveals that the absence of explicit statutory provisions defining the scope of directors' liability for fraud has created legal uncertainty in judicial practice. Therefore, a consistent interpretation of the statutory provisions governing directors' liability is required by emphasizing the principles of good faith, due care, and corporate accountability in order to achieve a balanced legal framework that protects directors acting in accordance with the law while simultaneously ensuring legal certainty for the company, shareholders, creditors, and other affected stakeholders.

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