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Jurnal Hukum dan Pembangunan
Published by Universitas Indonesia
ISSN : 01259687     EISSN : 25031465     DOI : https://doi.org/10.21143
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, among others: Basic principle of jurisprudence Private law Criminal law Procedural law Economic and business law Constiutional law Administrative law International law Law and society In addition to these fields, JHP also accepts texts covering topics between law and other scientific fields such as legal sociology, legal anthropology, law and economics, and others. Published 4 (four) times a year in March, June, September and December. Each issue contains 15 articles, both conceptual articles and research articles. JHP is published in Indonesian, but an English text is also accepted.
Arjuna Subject : Ilmu Sosial - Hukum
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Search results for , issue "vol. 50, no. 3" : 1 Documents clear
Pembuktian Sederhana Dalam Proses Kepailitan Terhadap Perusahaan Pengembang Pasca Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023 Iswandi, Maya
Jurnal Hukum & Pembangunan Vol. 50, No. 3
Publisher : UI Scholars Hub

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Abstract

Abstract After the issuance of Sema No. 3/2023, there were various pros and cons to its implementation. This is because the sema has limited and in quotes has protected development companies from bankruptcy proceedings. Sema No. 3/2023 provides immunity to development companies from bankruptcy because they are deemed not to meet the simple proof that must be met in the bankruptcy process. This provision seems to deny the judicial system that should determine the evidence in a case. This certainly causes degradation of legal certainty and consumer protection. Therefore, this research will discuss simple proof in development companies after the issuance of Sema No. 3/2023. This research will be conducted using normative legal research methods with regulatory, case, and conceptual approaches. This research has found after Sema No. 3/2023, the simple proof mechanism is no longer applied to developer companies. In fact, based on the principle of proof, proof can only be carried out in court. However, the existence of Sema No. 3/2023 has shown a practice that is not in accordance with the principle of proof because the Supreme Court has generalized that all developer companies to be bankrupted do not meet simple proof. Moreover, this has violated the legal certainty and consumer protection principle. Keywords: Bankcruptcy, Developer Companies, Simple Proof Principle

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