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Ismed Batubara
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INDONESIA
Neraca Keadilan
Published by Yayasan Pendidikan Islam Kamaliah
ISSN : -     EISSN : 29645123     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
NERACA KEADILAN adalah jurnal yang menjadi wadah publikasi ilmiah yang bersumber dari penelitian, baik penelitian lapangan maupun juga penelitian pustaka. Jurnal ini adalah jurnal penelitian open access berkualitas tinggi dengan E-ISSN. 2964-5123 yang diterbitkan oleh YAPEKAM (Yayasan Pendidikan Kamaliah Medan). CADIL menerima artikel penelitian yang ditulis oleh peneliti, guru, mahasiswa, akademisi, profesional, dan praktisi, jurnal ini terbit setiap bulan Juni dan Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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PENYELESAIAN UTANG PIUTANG MELALUI PKPU DALAM PERKARA PERDATA NO .22/PDT.SUS-PKPU/2021/PN NIAGA MEDAN PADA PENGADILAN NEGERI MEDAN Hanapi Sayuti Siregar
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

Law Number 37 of 2004 concerning Bankruptcy and PKPU, which is a refinement, the position of PKPU is further strengthened in the Indonesian legal system as an instrument that is not only repressive, but also preventive against bankruptcy. This law provides a more comprehensive and operational legal basis for the implementation of PKPU, including the procedures for filing, appointing a supervisory judge, curator, and the time limit for the PKPU process. Thus, the existence of PKPU has strategic value in the business world because it allows companies to continue operating while completing their financial obligations through transparent and legally supervised restructuring. The problems in this paper are a) How to settle debts in Civil Case No. 22/Pdt.Sus-PKPU/2021/PN Niaga Medan at the Medan District Court, b). What are the judge's considerations in deciding debt cases through PKPU in Civil Case No. 22/Pdt.Sus-PKPU/2021/PN Niaga through PKPU. C). How is the legal certainty for PKPU applicants in obtaining their rights based on Law No. 37 of 2004. The research method used is normative legal research, namely research conducted by examining both primary and secondary legal materials. Normative legal research is used to study laws and regulations, doctrines, legal principles, and court decisions that are relevant to the problem of Postponement of Debt Payment Obligations (PKPU). The research findings are that the Panel of Judges in their decision, stated that the applicants' application was sufficiently legally based and fulfilled the elements as stipulated in Article 222 paragraph (1) of Law Number 37 of 2004, namely: The Respondent has more than one creditor; There is a debt that has matured and can be collected; Collection has been carried out both verbally and in writing; There has been a default by the respondent. Bankruptcy. The legal considerations of the panel of judges in PKPU cases are based on the fulfillment of formal and material requirements for submitting PKPU. Simple evidentiary elements, the existence of debt due, more than one creditor, and the good faith of the applicants are the main basis for accepting this application. With the understanding and application of these elements, the Commercial Court plays a role as an enforcer of justice in maintaining a balance between the legal protection of creditors and the debtor's business rights. Legal certainty in the PKPU process also concerns the clarity of debt status, both in terms of maturity, amount, and validity of the debt agreement. Article 8 paragraph (4) of Law No. 37 of 2004 even states that evidence in PKPU cases is sufficient to be carried out simply, namely by showing that the debtor has two or more creditors and there is a debt that is due and collectible.
AKIBAT PERUBAHAN REGULASI TERHADAP STRATEGI OPERASI ANTI TERORISME YANG DILAKUKAN OLEH UNIT GEGANA BRIMOB POLRI DI SUMATERA UTARA Boy Agus Chain Gulo
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

The regulatory change brought about by Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism has had a significant impact on the operational strategies employed by the Gegana Unit of the Indonesian Police Mobile Brigade (Brimob), particularly in the North Sumatra region. The background of this research stems from the growing complexity of terrorism threats and the need to adjust operational procedures to align with the new regulation, which grants broader authority to security force. This study aims to analyze the impact of the regulatory changes on the counter-terrorism operational strategies implemented by the Gegana Brimob Unit in North Sumatra, identify challenges in the strategy’s implementation, and formulate strategic solutions to enhance operational effectiveness. A descriptive qualitative approach was used, employing data collection techniques such as in-depth interviews, document analysis, and observation. The findings reveal that the regulatory change provides a stronger legal foundation and promotes a transformation in strategy from reactive to more proactive and preventive approaches. The Gegana Unit is now not only focused on enforcement but also actively engaged in prevention efforts, public education, and deradicalization programs. However, the implementation of these strategies faces several challenges, including limited human resources and logistics, suboptimal interagency coordination, and the diverse socio-cultural dynamics of the community. Therefore, recommendations to improve operational effectiveness include enhancing personnel capacity, modernizing equipment, establishing cross-sectoral standard operating procedures (SOPs), and strengthening community engagement.
EFEKTIVITAS IMPLEMENTASI UNDANG UNDANG DARURAT NO.12 TAHUN 1951 DALAM MENDUKUNG TUGAS UNIT GEGANA BRIMOB Ilham Rafsandjani
NERACA KEADILAN Vol. 4 No. 1 (2025): NERACA KEADILAN
Publisher : YAPEKAM

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Abstract

Emergency Law No. 12 of 1951 serves as an important legal foundation for actions against the illegal possession and use of firearms and explosives in Indonesia. Despite being more than seven decades old, this law is still enforced by security forces, particularly the Gegana Unit of the Mobile Brigade (Brimob), in handling various armed threats and acts of terrorism. Given the increasingly complex dynamics of crime, the effectiveness of this law’s implementation needs to be re-evaluated to ensure its alignment with modern security challenges.This study aims to analyze the extent of the effectiveness of the implementation of Emergency Law No. 12 of 1951 in supporting the duties of the Gegana Unit of Brimob, identify the obstacles encountered in the field, and formulate strategies to enhance its implementation. The research was conducted using a qualitative approach and descriptive-analytical methods through interviews, observations, and documentation studies of the operational activities of the Gegana Unit of the North Sumatra Regional Police (Polda Sumatera Utara). The results of the study indicate that this law remains relevant as a legal basis and has proven effective in supporting the operational tasks of the Gegana Unit, especially in handling cases of illegal possession of firearms and explosives. However, its implementation still faces several obstacles such as limited facilities and infrastructure, suboptimal utilization of modern technology, and low public legal awareness. Therefore, regulatory updates, capacity building of human resources, inter-agency synergy, and broader legal outreach are needed to optimize the role of this Emergency Law in the context of current national security.

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