Renvoi Procedure for Justiabelens' Justice in the Bankruptcy Law

Renvoi Procedure is a request for credits verification by creditors due to the curator's objection on the creditor’s claims by the curator, in which the procedure is submitted to the commercial court. This procedure should be easy and fast. It is useful and has legal certainty as a form of justice for all justiabelens. The analysis of this procedure has fulfilled the principle of justice; therefore the researcher applies two theories, namely the theory of legal objectives which the researcher draws from the three general teachings of Gustav Radbruch, and the theory of legal system of Kees Schuit which teaches the ideal element, the operational element, and the actual element. There are several approaches used namely, historical approach, comparative approach, conceptual approach, statutory approach, and case approach. This research is expected to produce prescriptive conclusions and recommendations to gain justice for justice seekers (justiabelen), and is expected to be input for government’s policie. Keywords: bankruptcy law, justiabalens, renvoi procedure, DOI: 10.7176/JLPG/122-01 Publication date:July 31st 202

Legal Values Contained in Society as Exit Emergencies in the Deciding Ratio Process that Produces Judge Made Law in Bankruptcy Law

Bankruptcy law in Indonesia has special characteristics compared to other fields of law. Article 2 Paragraph (1) is the basis for the bankruptcy decision, and the decision is an immediate decision (uitvoorraad bij voorraad). So that when a bankruptcy decision occurs, the curator supervised by the supervisory judge immediately executes the bankruptcy estate for management and/or settlement of the bankruptcy estate. The simple requirements of Article 2 Paragraph (1) apply to debtors who are solvent or not. If the debtor is no longer solvent, the bankruptcy law can be applied as a solution by the debtor and creditor. However, if the solvent debtor, namely the assets of the company/individual, is much larger than the debt, other problems will arise. Due to the fact that, the bankruptcy law in Indonesia is not required for a solvency test before the application, therefore it will be very detrimental to the debtor and creditors, because the bankruptcy requirements are very simple, and the bankruptcy law appears to be scary for the solvent debtors.Debtors' fear of the application of bankruptcy law should not occur if they interpret Article 8 Paragraph (6) letter a which states “The court decision as referred to in Paragraph (5) must also contain;  a. certain articles of the relevant laws and regulations and/or unwritten sources of law used as the basis for adjudicating…”.  With the enactment of Article 8 Paragraph (6) letter a opens  an opportunity for solvent debtors to avoid bankruptcy. Article 8 Paragraph (6) can be used as an emergency exit for a judge made law process. Therefore, the researcher analyzes the values of justice in society as an emergency exit in the process of judge made law, if the debtor is still solvent. The problems raised in this study are: how do judges in their legal considerations (ratio decidendi) make judge made law as an emergency exit for  debtor.This research belongs to a normative legal research. The researcher applies some theories, namely the theory of legal objectives that originate from the three general teachings of Gustav Radbruch and the theory of the legal system of Kees Schuit. The approaches used are the conceptual approach, the historical approach, the statutory approach, the comparative law approach and the case approach. This research is expected to have prescriptive value for the legal world in the future, especially bankruptcy law. DOI: 10.7176/JLPG/81-01 Publication date: November 30th 202

FAKTOR LINGKUNGAN ALAM SEBAGAI UNSUR HAK INDIKASI GEOGRAFIS BUAH SALAK PONDOH

This research aims to answer the problem of how natural environmental factors influence Pondoh Sleman salak products which have a certain reputation, quality and characteristics, the efforts made to maintain this reputation, quality and characteristics as requirements for Geographical Indication Rights, and how geographical indication rights can provide legal protection for Pondoh Sleman salak products. The Sleman region is on the slopes of Mount Merapi, whose active volcanic ash experiences a rainy and dry season climate. This research was conducted using normative research methods with an approach to applicable laws and regulations and related legal materials. The resulting conclusion is that geographical factors and the natural environment, including climate, influence the reputation, quality and characteristics of Podoh Salak products. Geographical Indication Rights provide the benefit of increasing product value by using the Pondoh Sleman salak identity. Efforts need to be made to maintain and preserve the surrounding natural environment so that the characteristics, quality and reputation of Pondoh Salak products can be maintained. Geographical Indication Rights provide legal protection for Pondoh Sleman Salak products. The results of this research can help the government make decisions and take steps to protect and maintain the environment, provide legal protection, and increase public awareness to preserve and sustain the environment. Thus, granting Geographical Indication Rights can provide maximum benefits

The Nature of Renvoi Procedure in Insolvency Law in Indonesia

One of the priciples of Insolvency Law is credit settlement to renormalize fairly,quickly and effectively in business world because it is regulated in law. However renvoi procedure is juridically not regulated in Law Number 37 Year 2004 about Insolvency and Credit Payment Obligation Adjournment. For this fact, to find out the nature of renvoi procedure in Insolvency Law in Indonesia based on the conceptual system constitutes a legal effort for curator, or creditor to settle the credit dispute in court  on the supervisory judge’s order. The juridical meaning of renvoi procedure in Insolvency Law in Indonesia is not objection, so it needs improvement in  Article 127 section (1) of Law Number 37 Year 2004 about  Insolvency and Credit Payment Obligation Adjournment, which firmly has to remove the word “objection” to be “renvoi procedure”. In addition, Renvoi procedure in Indonesia reflects the principle of formal justice and substantive justice, but it does not reflect the legal certainty. It is therefore necessary to change the word objection into renvoi procedure that it is useful for the justice seekers. Keywords: essence, renvoi procedure, law of insolvenc

THE MEANING OF THE IMMOVABLE GOODS SALE UNDER THE CURATOR’S HANDS

The verdict of bankruptcy statements against debtors change the legal status of a person to be incapable of carrying out legal actions. All arrangements and settlement of bankrupt debtor assets are carried out by the curator. One way of selling bankrupt assets is by selling under the hands of the curator with the permission of the supervisory judge. However, the Law does not explain what is meant by types of objects, especially immovable objects and the sale process under the hands of the supervisory judge's permission clearly and firmly. For these factds, this study aims at analyzing and finding the meaning of immovable objects sale under the hands of the curator. For this analysis, it uses such approaches as statute approach, conseptual approach, and case approach. The research result found out the concept that the immovable objects according to the type in guarantee law can be  qualified as land. The sale of immovable objects on bankrupt assets under the hands of the curator if the ownership rights in the debtor's name only require the supervisor's permission. However, if the bankrupt assets which ownership rights are in the name of a third party, the supervisory judge's permission is used to submit a request to the Commercial Court to determine the authority of the curator to sell immovable objects under the hand. The curator is responsible for errors and / or negligence in carrying out the management duties and / or settelement that causes losses to bankrupt assets, both in civil law and criminal law. Keywords: civil law and criminal law, bankrupt, immovable goods. DOI: 10.7176/JLPG/87-21 Publication date:July 31st 201

Prinsip Sistemik Lembaga Perdamaian PKPU Untuk Mencapai Nilai Keadilan

Systemic principles serve as the basic basis for thought and action processes, representing interconnected elements that contribute to the formation of a comprehensive whole. Bankruptcy law is a special and special law, regulated in Articles 222 to 294 of the Bankruptcy Law and PPU, PKPU is a legal peace institution whose operational elements include deciding judges, administrators, supervisory judges, debtors, creditors, and additional elements in the PKPU institution that are guarantors if provided. Systemically, these elements are interrelated both within their own elements and with theoretical elements, namely the Ideal elements (about meaning) and the actual elements. According to Article 287 of the Bankruptcy Law and PKPU Jo Article 282 of the Bankruptcy Law and PKPU, PKPU has a final and binding decision, but it is limited, and its decision is only related to the minutes of the meeting. The verdict still has legal consequences if violated. The author’s motivation is to analyze systemic principles in the legal framework of PKPU peace institutions with the aim of upholding the principle of justice. The analysis methodology used is the legal system theory developed by Kees Schuit, focusing on the Ideal, Operational, and Actual elements. In addition, it incorporates three basic principles outlined by Gustav Radbruch – Certainty, Benefit, and Justice. The results of this study contribute prescriptive value to the field of law, especially in bankruptcy law