AKIBAT HUKUM TERHADAP PUTUSAN PAILIT DALAM PENYELESAIAN HUTANG DEBITUR DITINJAU DARI UNDANG UNDANG KEPAILITAN

ABSTRACT: The financial crisis that hit Indonesia in mid-1997 had a negative impact on the national economy, causing great difficulties in settling debts and receivables for companies to continue their activities, and had a negative impact on society. At that time, many problems arose. Many companies struggled to pay their debts to their creditors and, moreover, many companies went bankrupt. In legal practice, often a debtor (debtor) neglects to fulfill his obligations or achievements, not because of forceful circumstances (overmacht). Such a situation is called broken promise (default). And some entrepreneurs in Indonesia, through their companies, do not carry out a thorough calculation of debt through borrowing and borrowing with companies from outside the country. The decline in the rupiah exchange rate has resulted in at least 3 (three) negative impacts on the national economy, namely: Negative Payments, Negative Spread, and Negative Equity. The above circumstances have put many companies at risk of bankruptcy due to the state of the national economy and the inability to pay the company's debts, which are usually denominated in dollars. One of the purposes of this research is to prevent debtors from taking actions that are detrimental to creditors, with the empirical normative juridical writing method so that they can build a strong legal mechanism in resolving this problem, a legal framework is needed in managing debt problems quickly, effectively, efficiently and fairly, however, this law also created many problems in its implementation. Therefore, a solution is needed to overcome bankruptcy by building a strong legal mechanism so that the final settlement of bankruptcy can become the law itself, namely justice for the parties. The author hopes that this paper will achieve outcomes by publishing in an accredited journal at Andalas Nagari Law Review University and can be set forth in the form of a book with an ISSN.   Keywords : Legal Mechanism, Bankruptcy, Receivable

AKIBAT HUKUM TERHADAP PUTUSAN PAILIT DALAM PENYELESAIAN HUTANG DEBITUR DITINJAU DARI UNDANG UNDANG KEPAILITAN

The financial crisis that hit Indonesia in mid-1997 had a negative impact on the national economy, causing great difficulties in settling debts and receivables for companies to continue their activities, and had a negative impact on society. At that time, many problems arose. Many companies struggled to pay their debts to their creditors and, moreover, many companies went bankrupt. In legal practice, often a debtor (debtor) neglects to fulfill his obligations or achievements, not because of forceful circumstances (overmacht). Such a situation is called broken promise (default). And some entrepreneurs in Indonesia, through their companies, do not carry out a thorough calculation of debt through borrowing and borrowing with companies from outside the country. The decline in the rupiah exchange rate has resulted in at least 3 (three) negative impacts on the national economy, namely: Negative Payments, Negative Spread, and Negative Equity. The above circumstances have put many companies at risk of bankruptcy due to the state of the national economy and the inability to pay the company's debts, which are usually denominated in dollars. One of the purposes of this research is to prevent debtors from taking actions that are detrimental to creditors, with the empirical normative juridical writing method so that they can build a strong legal mechanism in resolving this problem, a legal framework is needed in managing debt problems quickly, effectively, efficiently and fairly, however, this law also created many problems in its implementation. Therefore, a solution is needed to overcome bankruptcy by building a strong legal mechanism so that the final settlement of bankruptcy can become the law itself, namely justice for the parties. The author hopes that this paper will achieve outcomes by publishing in an accredited journal at Andalas Nagari Law Review University and can be set forth in the form of a book with an ISSN

LEGAL PROTECTION OF CONSUMERS FOR DELIVERY OF GOODS DUE TO DAMAGE AND LOSS OF PACKAGES IN VIEW OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION

ABSTRACTThe implementation of the use of telecommunication technology in trade can be seen by the use of the internet to support long-distance trade transactions. Remote trading transactions or online selling activities only require supporting services as intermediaries such as goods delivery services. There have been many legal events related to goods delivery services, especially those relating to the responsibility of the goods delivery service for damage or loss of the goods. The problem in this thesis is how is consumer protection as a user of goods delivery services according to the Consumer Protection Act and related regulations and what are the terms of responsibility and/or compensation given by the goods delivery service/J&T Express for lost and/or damaged property consumers linked to the Consumer Protection Act. The research method that will be used by the author is Juridical Empirical research, which is a type of sociological legal research and can be referred to as field research, which examines applicable legal provisions and what has occurred in people's lives accompanied by knowledge based on various facts obtained from research results with subjects related to research. The results of the study show that the responsibility or compensation provided by the Goods Delivery Service / J&T Express if there is damage / loss of goods / delivery packages, namely by providing compensation costs equal to the price of the goods, if the goods are insured. And if the item is not insured, then the Freight Forwarding Service / J&T Express will provide compensation worth 10x the shipping fee. Consumers are also entitled to protection in the form of preventive legal protection as stipulated in Article 7 of the Consumer Protection Act and repressive legal protection as stipulated in Article 45 of the Consumer Protection Act. Consumer legal protection is also contained in the Civil Code in article 1238. , 1244 and 1245. Meanwhile, consumer protection is also contained in article 86 of the Commercial Code. Keywords: legal protection, consumers; freight forwarding service