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Journal : JURNAL ILMIAH ADVOKASI

LEGAL PROTECTION OF THE RIGHTS OF REFUND OF CONCURRENT CREDITORS IN THE BANKRUPTCY CASE OF PT. BANGUN INVESTA GRAHA (DEBTOR) IS CONNECTED WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND DELAY OF DEBT PAYMENT OBLIGATIONS. (Decision Study: Number 879 K/Pdt.Sus-Pailit/2020) Wike Nopianti; Deny Guntara; Muhamad Abas; Adyan Lubis
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4004

Abstract

Law 37 of 2004 states that the debt to the creditor PT has been determined. Bangun Investa Graha can be billed on time, but PT. PPJB is terminated unilaterally and in bad faith by Bangun Investa Graha, which frequently ignores calls from creditors. In accordance with normative legal principles, this study employs qualitative research methods. In this approach, the author employs a normative juridical strategy. It is possible to draw the conclusion based on the findings of the research that has been discussed that Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) does not have any legal function against concurrent creditors who are not guaranteed. When a debtor has debts that are greater than his assets, the responsibilities of the debtor and his directors are not taken into account in the Panel of Judges' decision in this case. Due to the fact that the debtor's assets will not be distributed appropriately if the debtor is declared bankrupt by the court, concurrent creditors will suffer greater losses. The Panel of Judges considered the decision in Renvoi's cassation without understanding why the cassation was rejected—whether the debtor's condition was insufficient to pay creditors or the debtor did not want to pay concurrent creditors.Keywords: Debts, Debtors, Creditors, Losses
LEGAL PROTECTION OF OUTSOURCING WORKERS FROM TERMINATION OF EMPLOYMENT UNDER LAW NUMBER 6 OF 2023 Rr. Winarti Pudji Lestari; Muhamad Abas
Jurnal Ilmiah Advokasi Vol 11, No 2 (2023): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v11i2.4029

Abstract

In the increasingly fierce business competition, the outsourcing system is felt to be more effective for the company. On the other hand, the outsourcing system opens opportunities for employers to carry out Termination of Employment (PHK) actions easily. In the outsourcing system, there are weaknesses, there is no guarantee of continuity of work for workers. Law Number 6 of 2023 of Job Creation has regulated legal protection for outsourcing workers against arbitrary actions by employers in carrying out layoffs, through the principle of Transfer of Undertakings Protection of Employment (TUPE). But in practice, the TUPE principle is still not running effectively. The purpose of this research is to find out and understand the principles of the employment relationship between outsourced workers and employers so that unfair layoffs do not occur and legal protection for outsourced workers from employers' arbitrariness in implementing layoffs. This study uses a normative juridical approach. It is necessary to develop regulations regarding outsourcing in which legal protection for workers is further enhanced, determine sanctions and law enforcement for those who commit violations, and carry out more intensive supervision of the implementation of outsourcing. Keywords: Legal protection, outsourcing, continuity of work
Co-Authors Abd. Rasyid Syamsuri Abdul Kholik Ade Ahmad Fauzan Adyan Lubis Adyan Lubis Agusra Ahmad Sopian Sauri Andri Susanto Anwar Hidayat Anwar Hidayat Anwar Hidayat Arif Wicaksono Astri Safitri Nurdin Dahrul Manalu Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara deny guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Destia Ayuning Thias Desyifa Nurhidayah Farhan Asyahadi Farhan Asyahadi Firman Aji Pamungkas Hendri Gunawan Imam Budi Santoso Imam Budi Santoso Imam Sofii Toha Ina Malia Putri Insan Supriyatin Irma Garwan Jannus Manurung Jihan Alfadia Khoirul Ummam Lia Amaliya Lia Amaliya Lia Amaliya Lilis Setiani Listiono listiono M. Gary Gagarin Akbar Mochamad Agus Antoni Moh. Shofi Anan Muhamad Jiia Fauzi Muhammad Gary Gagarin Akbar Muhammad Shidqi Mubarok Nadia Syahida Nanik Narya Suryadi Narya Suryadi Narya Nova Desi Ratnasari Nurdin Nurdin Nuryanah Tirostiah Meidah Raden Lita Nur Elita Rr. Winarti Pudji Lestari Rr. Winarti Pudji Lestari Sartika Dewi Sartika Dewi Sartika Dewi Siska Mariza Siti Dhiafajaazka Sopyan Sopyan Sopyan Sopyan Sri Wahyuni Sutras Budi Prayogo Suyono Sanjaya Tanti Alfareza Herdianti Tatang Targana Tatang Targana Taufik Caniago Taufiqoh Bina Ariani Tri Setiady Wahyu Hidayat Wahyu Koswara Wahyu Mulyandaru Wawan Indra R. Wike Nopianti Wike Nopianti Wike Nopianti Wulan Cahya Ningrum Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yustya Laraswati Yusuf Rizki Zarisnov Arafat Zarisnov Arafat Zatmika Nur Farhan