Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda

Kepailitan Perusahaan Pembiayaan: Hak dan Upaya Hukum Kreditur dalam Proses Kepailitan

Warmiyana Zairi Absi — 2025-02-26

Bankruptcy of a finance company is a condition in which the company is unable to fulfill its obligations to creditors, resulting in a bankruptcy legal process. In the bankruptcy process, creditors have rights that must be considered, including the right to submit bills, attend creditors' meetings, and obtain payments from the liquidation of the bankrupt company's assets. However, problems often arise regarding payment priorities, objections to asset management, and other legal actions that can affect the position of creditors. Therefore, creditors need to understand the legal remedies that can be taken, such as filing objections to bankruptcy decisions, homologation requests, and other legal steps to protect their interests. This article comprehensively discusses the rights and remedies available to creditors in the face of finance company insolvency proceedings, highlighting relevant legal aspects as well as prevailing practices in Indonesia

Wanprestasi Perjanjian Kredit Bank Dengan Jaminan (Studi Putusan Nomor 35/Pdt.G/2022/PN Bnj)

Natan Chalvindo Sembiring — 2025-03-03

There are various factors that can cause a breach of contract (wanprestasi) in a bank credit agreement with collateral, such as economic factors, legal factors, and other factors that influence the execution of the agreement. The research problems examined in this study include how a breach of contract affects an agreement and how the judge's considerations were made in Decision No. 35/Pdt.G/2022/PN Binjai regarding the breach of contract. This study is a normative juridical research, where the data used are secondary data, analyzed and presented using the library research method, allowing for deductive conclusions to be drawn. The conclusion of this study is that the legal considerations used by the judge in Decision No. 35/Pdt.G/2022/PN Binjai reflect the proper and fair application of the prevailing laws and regulations, including provisions on breach of contract, coercive payment (dwangsom), immediate enforceability of the decision, and court costs.

Analisis Yuridis Tentang Threshold Pilkada Berdasarkan Putusan MK Nomor 60/PUU-XXII/2024

Jevi Salas — 2025-03-05

This study aims to analyze the juridical aspects of the threshold provisions in the Pilkada by referring to the decision. The research method used is a normative research method with a case approach that focuses on analyzing the Constitutional Court Decision Number 60/PUUXXII/2024. The results of the analysis show that the Constitutional Court's decision provides a new interpretation of the threshold provisions, which has the potential to affect the constitutional rights of political parties and independent candidates in the Pilkada contestation. The implication of this decision is a significant change in the regional head nomination mechanism in Indonesia. The General Elections Commission (KPU) revised KPU Regulation Number 8 of 2024 to KPU Regulation Number 10 of 2024 to adjust the nomination regulations with democratic principles and applicable laws. Thus, this decision ensures the legality of regional head candidacy and increases the value of democracy in the 2024 simultaneous regional elections in Indonesia.

Dampak Globalisasi terhadap Hukum Tata Negara di Indonesia

Siti Mardiyati — 2025-03-06

Various aspects of human life have been affected by globalization, including Indonesian constitutional law. This phenomenon has led to increased interactions between countries, technological developments, and the entry of various international legal norms and principles that affect the national legal system. This study aims to analyze the impact of globalization on constitutional law in Indonesia, particularly in the aspects of state sovereignty, democracy, human rights, and government systems. Using normative research methods, this study shows that globalization has positive impacts, such as increased transparency, accountability, and harmonization of national laws with international standards. However, globalization also brings challenges, including the potential weakening of state sovereignty due to the influence of international organizations and global interests. Therefore, an appropriate strategy is needed in responding to globalization so that constitutional law remains adaptive without losing its national characteristics.

Peranan Pendidikan Agama Dalam Menyelesaikan Problem Rumah Tangga

Jauhari Jauhari — 2025-03-06

The increase in divorce cases indicates the need for more effective interventions to strengthen family bonds. Islamic religious education also has an important role in strengthening family resilience and preventing divorce in society. A deep understanding of Islamic teachings can provide a strong spiritual foundation for married couples in living married life. The morals and ethics taught by Islam provide a solid foundation for harmonious family relationships. This research uses literature study, which means that this research looks at the theories, concepts and provisions of Sharia in the research made by the author. The results of this research show that Islamic religious education is very important in maintaining family resilience and can prevent divorce in solving household problems.

Penggantian Calon Legislatif Terpilih Dalam Pemilihan Umum Oleh Partai Politik Sebelum Pelantikan Menurut Perspektif Peraturan Perundang-Undangan

Vevryka Mayasari — 2025-03-06

The party serves as a strategic intermediary between the process of government and the people. Many assert that political parties essentially dictate democracy. Quoted from the Association for elections and democracy (Perludem) explained that in the 2024 legislative general election there were many replacements for elected legislative candidates by the bearer party for unclear reasons. Replacing elected candidates before inauguration is on the rise, likely because it is easier to do so than after inauguration. However, this practice distorts popular sovereignty because it contradicts the open proportional electoral system, which states that the candidate with the most votes must be the one who holds office. From the legislative side, the issues that will be discussed in this study are the legality and procedures for replacing legislative candidates elected by political parties in the general election before the inauguration. According to the findings of the study, the Basic Rules of political parties (AD) and household rules (ART) govern the process of dismissing party members, allowing them to replace elected legislative candidates in presidential elections. There is a gap in the entry of certain interests in the dismissal of members of political parties. First, the party Governing Council at the regional level can propose the dismissal of party members, the regional-level party Governing Council has the right to propose the names of party members to be dismissed. Second, the party's Central Governing Council no longer re-verifies the proposal and immediately issues a direct determination.